Recovering from Missed Deadlines

Don’t give up yet.

Even if you fear that your case’s filing deadline is past, or if it has been rejected by the JPO, we may be able to work with you to petition or even appeal for reinstatement (revival). Please contact us before abandoning the case!

The JPO can be very strict in its standards of the “Due Care” it expects applicants to have taken when they missed the deadline for filing. However, Keisen Associates believes that we can make good cases for many lapsed cases to be accepted, defending a more equitable and generous ruling based on parity with different patent offices’ policies (i.e. challenging the inequitable standards the JPO has for foreign agents, in light of international patent treaty law). We can appeal to the courts as well.

We are currently (as of summer 2018) handling three pending Petitions for Reinstatement before the JPO and one case in litigation before the Tokyo District Court.

Keisen Associates is a trans-national firm with deep experience in arguing cases before the Japan Patent Office. Our attorneys, agents, and other specialists are knowledgeable in both Japanese patent law as well as a broad range of disciplines, such as the mechanical, electrical, computer, chemical, and biological fields. Our technical team can prepare clear, precise, and standardized Japanese documents; review prepared Japanese documents; translate English and Japanese documents; support arbitration; give expert witness in Japanese law; and make expert witness referrals.

Please browse our Q&A and other articles and contact us at usmail@keisenassociates.com or call us at 215-701-6349 if you have any questions about a case you forgot to file in time in Japan. We would love to work with you to try to recover it.

Reinstatement-Related News / Information

New Rule, April 2023: Reinstatement for Patent Applications to Meet “Unintentional” Instead of “Due Care” Standards

April 1, 2023 marks an important shift for those who might realize, with dread, that a key patent deadline in Japan has been missed. The standard for Reinstatement (Revival with a late filing) is softening from “Justifiable” to “Unintentional” Delay….
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30-month deadline, Allowance and Registration, English Language Applications, Filing Translation, Government Policy, IP News, Japan National Phase Entry, Language Translation, News, Ownership Rights and Licensing, Reinstatement (after a Missed Deadline), Request for Examination, What's New

Japan IP: Stricter Trademark Import Rules, Looser Late Filing Standards

In 2021, the Japanese Diet (parliament) passed various amendments to intellectual property law. Two major changes were made, and this month, Prime Minister Kishida’s Cabinet issued executive ordinances to implement the amendments. Here is a summary of the two major…
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30-month deadline, Allowance and Registration, Government Policy, IP News, Language Translation, News, Office Actions, Reinstatement (after a Missed Deadline), Representation (Power of Attorney), Request for Examination, Trademark Filing Requirements, Trademarks