Handling of Procedures Affected by the Tohoku District - off the Pacific Ocean Earthquake (1st Report)
The following is information for the people who are unable to go through the prescribed procedures for patent, utility model, design or trademark applications etc. due to the Tohoku district - off the Pacific Ocean Earthquake that occurred on March 11, 2011.
1. Filing an Application
The JPO is accepting electronic applications as usual. However, if you are unable to file electronic applications due to the Earthquake, please carry out the Emergency Procedures (excluding PCT international applications) – in Japanese only.
For those people who cannot carry out the above-mentioned procedures, please prepare a written patent application form etc. and mail it through a nearby post office or submit the form at the Service Counter of the Application Support Division at the JPO.
2. Patent Applications or Trials Pending at the JPO
(1) Designated time limit
If you are not able to carry out the procedures for patent applications or trials pending at the JPO due to the Tohoku district - off the Pacific Ocean Earthquake within the designated time limit, please promptly carry out the procedures as soon as it becomes possible.
In carrying out the procedures, please attach a document explaining the circumstances that prevented you from carrying out the procedures affected by the 2011 Tohoku district - off the Pacific Ocean Earthquake. We will consider the procedures to be valid for cases where the necessity is acknowledged.
(2) Legal Period
The period for carrying out the following procedures from (a) to (l) are provided by laws or cabinet orders. For those people who are not able to carry out the procedures within the prescribed period due to the Tohoku district - off the Pacific Ocean Earthquake, please carry them out within 14 days from the time it becomes possible. Please note, however, that this is limited to within six months after the lapse of the prescribed period. (With regard to (l), this is within nine months after the lapse of the prescribed period.)
In carrying out the procedures, please attach a document explaining the circumstances that prevented you from carrying out the procedures affected by the 2011 Tohoku district - off the Pacific Ocean Earthquake. We will consider the procedures to be valid for cases where the necessity is acknowledged.
(a) Patent applications based on utility model registration [Art. 46bis (3) of the Patent Law]
(b) Late payment of annual patent fees [Art. 112bis of the Patent Law] [Art. 33bis of the Utility Model Law] [Art. 44bis of the Design Law]
(c) Request for trial against examiner's decision of refusal [Art. 121 (2) of the Patent Law] [Art. 46 (2) of the Design Law] [Art. 44 (2) of the Trademark Law]
(d) Request for retrial against final and binding trial decision [Art. 173 (2) of the Patent Law] [Art. 45 of the Utility Model Law] [Art. 58 (1) of the Design Law] [Art. 61 of the Trademark Law]
(e) Request for correction [Art. 14bis (6) of the Utility Model Law]
(f) Withdrawal of request for trial [Art. 39bis of the Utility Model Law]
(g) Request for return of fees [Art. 54bis of the Utility Model Law]
(h) Request for trial against examiner's decision of dismissal of amendment [Art. 47 (2) of the Design Law] [Art. 45 (2) of the Trademark Law]
(i) Request for renewal registration of duration of trademark rights [Art. 21 of the Trademark Law]
(j) Application for registering renewal of duration of rights based on defensive mark registration [Art. 65ter of the Trademark Law]
(k) Request for registration of reclassification [Art. 3 (3) of the Supplementary Provisions of the Trademark Law]
(l) Application for registering extension of duration of patent rights [Sec. 4 of the Patent Law Enforcement Order]
The Tohoku district - off the Pacific Ocean Earthquake was designated as a Specified Disaster in compliance with the provision set out in Article 2 (1), the “Act on Special Measures concerning Preservation of Rights and Interests of Victims of Specified Disaster”. As a result, the extension of period for procedures may be accepted for procedures other than the above (a) to (l) procedures, according to the provision, Article 3 (3), the Special Measures Act for Specified Disaster. Further details will be announced as soon as possible.
The following is information for the people who are unable to go through the prescribed procedures for patent, utility model, design or trademark applications etc. due to the Tohoku district - off the Pacific Ocean Earthquake that occurred on March 11, 2011.
1. Filing an Application
The JPO is accepting electronic applications as usual. However, if you are unable to file electronic applications due to the Earthquake, please carry out the Emergency Procedures (excluding PCT international applications) – in Japanese only.
For those people who cannot carry out the above-mentioned procedures, please prepare a written patent application form etc. and mail it through a nearby post office or submit the form at the Service Counter of the Application Support Division at the JPO.
2. Patent Applications or Trials Pending at the JPO
(1) Designated time limit
If you are not able to carry out the procedures for patent applications or trials pending at the JPO due to the Tohoku district - off the Pacific Ocean Earthquake within the designated time limit, please promptly carry out the procedures as soon as it becomes possible.
In carrying out the procedures, please attach a document explaining the circumstances that prevented you from carrying out the procedures affected by the 2011 Tohoku district - off the Pacific Ocean Earthquake. We will consider the procedures to be valid for cases where the necessity is acknowledged.
(2) Legal Period
The period for carrying out the following procedures from (a) to (l) are provided by laws or cabinet orders. For those people who are not able to carry out the procedures within the prescribed period due to the Tohoku district - off the Pacific Ocean Earthquake, please carry them out within 14 days from the time it becomes possible. Please note, however, that this is limited to within six months after the lapse of the prescribed period. (With regard to (l), this is within nine months after the lapse of the prescribed period.)
In carrying out the procedures, please attach a document explaining the circumstances that prevented you from carrying out the procedures affected by the 2011 Tohoku district - off the Pacific Ocean Earthquake. We will consider the procedures to be valid for cases where the necessity is acknowledged.
(a) Patent applications based on utility model registration [Art. 46bis (3) of the Patent Law]
(b) Late payment of annual patent fees [Art. 112bis of the Patent Law] [Art. 33bis of the Utility Model Law] [Art. 44bis of the Design Law]
(c) Request for trial against examiner's decision of refusal [Art. 121 (2) of the Patent Law] [Art. 46 (2) of the Design Law] [Art. 44 (2) of the Trademark Law]
(d) Request for retrial against final and binding trial decision [Art. 173 (2) of the Patent Law] [Art. 45 of the Utility Model Law] [Art. 58 (1) of the Design Law] [Art. 61 of the Trademark Law]
(e) Request for correction [Art. 14bis (6) of the Utility Model Law]
(f) Withdrawal of request for trial [Art. 39bis of the Utility Model Law]
(g) Request for return of fees [Art. 54bis of the Utility Model Law]
(h) Request for trial against examiner's decision of dismissal of amendment [Art. 47 (2) of the Design Law] [Art. 45 (2) of the Trademark Law]
(i) Request for renewal registration of duration of trademark rights [Art. 21 of the Trademark Law]
(j) Application for registering renewal of duration of rights based on defensive mark registration [Art. 65ter of the Trademark Law]
(k) Request for registration of reclassification [Art. 3 (3) of the Supplementary Provisions of the Trademark Law]
(l) Application for registering extension of duration of patent rights [Sec. 4 of the Patent Law Enforcement Order]
The Tohoku district - off the Pacific Ocean Earthquake was designated as a Specified Disaster in compliance with the provision set out in Article 2 (1), the “Act on Special Measures concerning Preservation of Rights and Interests of Victims of Specified Disaster”. As a result, the extension of period for procedures may be accepted for procedures other than the above (a) to (l) procedures, according to the provision, Article 3 (3), the Special Measures Act for Specified Disaster. Further details will be announced as soon as possible.
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