Recently, clients have been asking us about reinstatement or other procedures to save cases that were delayed due to restrictions brought about by the novel coronavirus COVID-19. We want to share information on this pressing matter.
As you may know, as of March 30, 2020, the Japan Patent Office (JPO) has not instituted any special measures for those who may have missed intellectual property filing deadlines in Japan due to the COVID-19 pandemic. This is because Japan internally is relatively calm right now.
*updated! response by JPO. Click bellow link to check
JPO Announces Further Remedies for Filings Made Late Due to COVID-19
However, outside of Japan, many enterprises have been shut down, locked down, and brought to a halt. Some countries’ patent offices have offered extensions on deadlines. therefore, depending on specific circumstances, there can be ways to gain relief.
We have written separate articles such as on strategy and demonstrating due care for specifics about winning reinstatement or other relief in unavoidable cases. Please refer to those.
Plausible Reasons for Delays Caused by COVID-19
Based on our past experiences, the following reasons seem most likely to be accepted by the JPO as valid COVID-19-related delays.
1. Medical reasons
a) The inventor who was monitoring filing deadlines personally had to be hospitalized due to COVID-19
b) The responsible attorney or paralegal at the law firm monitoring the filing deadlines had to be hospitalized due to COVID-19
2. Computer system-related reasons
The monitoring law firm or the docketing system of the firm had to shut down suddenly and normal deadline monitoring became impossible.
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It is very difficult to gain relief in Japan for filings late simply due to human error, unrelated to the computer or illness.
However, the impact of COVID-19 is completely irregular, so there is a greater likelihood of the JPO making allowance for late filings if the COVID-19 impact is given as the cause of the delay. For example, if the applicant’s country’s patent office is extending deadlines due to the novel coronavirus, it seems unreasonable to require the applicant to keep up with the normal Japanese deadline.
Each situation will be unique, so please contact us if you have questions about a specific case.
* The information provided on this website is for informational purposes only and is not intended as legal advice.
** For questions or consultation, please contact us for more information.
Taro Yaguchi
