The Japan Patent Office (JPO)’s Second Announcement Following The Earthquake (Extension of Deadlines)

Following the fist anouncement made on March 14, 2011, the Japan Patent Office (JPO) made the second announcement regarding the special emergency safeguard measures on March 18, 2011.According to the Article 3 Section 3 of the Special Measures Concerning the Preservation of Rights and Interests of Victims of Specified Disasters Act, the JPO will extend the following deadlines until either August 31, 2011 (if an applicant or an agent suffered directly from the earthquake); or for 14 days from the date the reason of delay cease to exist (in case where an applicant or an agent indirectly suffered from the earthquake that caused him/her to miss the deadlines).

1. Amending specification according to Article 17 Section 1, Section 2-1, Section3-1 of the Japan Patent Act (JPA), Article 2 Section2-1 of the Japan Utility Solution Act (JUSA) and Article 68 Section 40-1 of the Japan Trademark Act (JTA).

2. Amending a specification for correction according to Article 17 Section 4 of the Japan Patent Act

3. Application filed requesting to make an exception to lack of novelty of invention according to Article 30 of the JPA Article 11 Section 1 of the JUSA, Article 4 of the Japan Design Act (JDA)

4?Filing a certificate (evidence) for requesting to make an exception to lack of novelty of invention according to Article 30 Section 4 of the JPA Article 11 Section 1 of the JUSA Article 4 Section 3 of the JDA

5?Filing a Japanese translation of an application originally filed in the JPO with a foreign language according to Article 36 Section2-2 of the JPA

6?Claiming a priority to a previously filed Japanese patent application according to Article 41 Section 1 of the JPA Article 8 Section 1 of the JUSA

7?Filing a priority document based on the Paris Convention according to:Article 43 Section 2 of the JPAArticle 11 Section 1 of the JUSA Article 15 Section 1 of the JDA Article 13 Section 1 of the JTA

8. submitting a priority document of a Paris Convention non-member countries according to Article 43 Section 2-3 of the JPA Article 11 Section 1 of the JUSA Article 15 Section 1 of the JDA Article 13 Section 1 of the JTA

9?Filing a divisional application according to Article 44 Section 1 of the JPA 

10?Converting an utility solution or a design application into a patent application according to Article 46 Section 1, 2 and 3 of the JPA Article 10 Section 1 of the JUSA Article 13 of the JDA Article 11, 12 and 65 of the JTA

11?Filing a patent application based on a registration of an utility solution according to Article 46 Section 2-3 of the JPA

12?Requesting an examination according to Article 48 Section 3-1 and 3-2 of the JPA 

13?Requesting an extension of patent term according to Article 67 section 2 and the Legislative Decree Section4

14?Filing a petition/reseponse according to Article 67 II Section 2-1

15?Annuity Payment according to Article 108 Section 1 and 2 of the JPA Article 32 Section 2 of the JUSA Article 43 Section 1 and 2 of the JDA Article 41 II Section 1 and Section 2, Article 65 Section 8-1 and 8-2 of the JTA

16?Requesting a refund of patent fees according to Article 111 Section 2 of the JPA Article 34 Section 2 of the JUSA Article 45 of the JDA Article 42 Section 2 and Article 65 Section 10-2 of the JTA

17?Reviving patent rights according to Article 112 Secion 2 of the JPA Article 33 Section 2 of the JUSA Article 44 Section 2 of the JDA

18?Requesting an appeal against an Examiners Final Decision of Rejection according to Article 121 Section 1 of the JPA
Article 46 Section 1 of the JDA
Article 44 Section 1 of the JTA

19?Requesting a trial for correction according to Article 126 Section 2 of the JPA

20?Requesting a correction of an application according to Article 134 Section 2-1 of the JPA

21?Requesting a correction in the rejected appeal case according to Article 134 Section 3-1 of the JPA

22?Requesting a retrial according to
Article 173 Section 1 of the JPA
Article 45 of the JUSA
Article 58 Section 1 of the JDA
Article 61 Section 1 of the JTA

23?Filing a Japanese translation of a Japan national phase of a PCT application according to
Article 184 Section 4-1 of the JPA
Article 48 Section 4-1 of the JUSA

24?Filing a Japan national phase of a PCT application according to:
Article 184 Section 5-1 of the JPA
Article 48 Section 5-1 of the JUSA

25?Requesting a refund according to:
Article 195 Section 12 of the JPA
Article 54 Section 2-3 , Setion 7 and Section 11 of the JUSA
Article 67 Section 8 of the JDA
Article 76 Section 8 of the JTA

26?Requesting a refund for examination official fees according to Article 195 Section 10 of the JPA

27?Grace period for a patent annuity fee payment according to
Rule 16 of a Rule for Japan Patent Act
Rule 3-4 of the Rule for the Japan Utility Solution Act

28?Correcting a specification according to Article 14 Section 2-1 and 6 of the JUSA

29?Requestign a withdrawal of an appeal according to Article 39 Section 2-3 of the JUSA

30?Filing an appeal against a Final Decision to reject an amendment according to:
Article 47 Section1 of the JDA
Article 45 Section 1 of the JTA

31? New application after a final decision to reject an amendment is made according to:
Article 17 Section 3 of th eJDA
Article 17 Section 2 of the JTA

32?Renewal of a trademark registration according to Article 20 Section 2 and Article 21 Section 1 of the JTA

33?Correction of appeal brief according to Article 43 Section 4-2 proviso

34?Renewal application of a registered defensive marks according to Article 65 Section 3 of the JTA

35?Requesting a re-classification of a registered trademark according to Article 3 Section 3 of supplementary provisions to JTA

36?Requesting a record in a magnetic disk according to Article 7 Section 1 of the Act on Special Matters and Ordinance for Enforcement

37?Requesting a refund of the balance according to Article 15 Section 4 of the Act on Special Matters

The JPO accepts inquiries regarding any procedure not listed above.

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