On April 1, 2023, the criteria for the restoration of various procedures for patent, utility model, design, and trademark applications will be changed from “due care” to “unintentional” criteria.
Even when Applicant fail to complete any one of the following procedures by the statutory deadline, the JPO will allow them to complete the procedure if they can state that the failure to do it is unintentional. Under the unintentional criteria, a request for restoration will be easily admitted by the JPO.
- Submitting the Japanese translation of an application written in a foreign language (Art. 36-2(6) of the Patent Law)
- Submitting the Japanese translation of PCT documents for entry into JP national phase (Art. 184-4(4) of the Patent Law)
- Filing a patent application claiming a domestic priority from another patent application (Art. 41(1) of the Patent Law)
- Filing a patent application claiming a Paris Convention priority from a foreign patent application (Art.43-2(1) of the Patent Law)
- Filing a request for examination (Art. 48-3(5) of the Patent Law)
- Additional payment for the restoration of a patent right (Art. 112-2(1) of the Patent Law)
- Filing a document for appointment of Japanese patent agent (Art. 184-11(6) of the Patent Law, etc.)
- Filing an application for the renewal registration of a trademark right (Art. 21 of the Trademark Law)
- Additional payment for late installment registration fees (Art. 41-3(1) of the Trademark Law)
In the meanwhile, Applicant must pay the following additional fees to the JPO in requesting the restoration of the above procedures.
- Patent applications: 212,100 JPY
- Utility model applications: 21,800 JPY
- Design applications: 24,500 JPY
- Trademark applications: 86,400 JPY
A request for the restoration of the above procedures other than the filing of a patent application claiming Paris Convention priority must be filed not more than two months after the date when the procedure becomes available or within one year after the statutory deadline (within six months after the statutory deadline in trademark cases), whichever is earlier.
Regarding a request for restoration of a priority right under the Paris Convention, a patent application claiming the priority must be filed not more than two months after the priority deadline.
Furthermore, regarding a JP national phase entry for a PCT application where the restoration of Paris Convention priority is claimed, the request for restoration must be filed not more than one month after the national phase entry deadline or the additional deadline for translation submission.
You can confirm information on the restoration of the right of priority for respective countries in the following website.
https://www.wipo.int/pct/en/texts/restoration.html
Reference
https://www.jpo.go.jp/system/laws/rule/guideline/kyusai_method2.html
