Relaxation of requirements for reinstatement of rights such as patent rights 【Patent・Utility・Design・Trademark】
Akie OHNO

On April 1, 2023, the requirements for reinstatement of rights which are lost due to the failure to comply with prescribed time limits will be relaxed.  Currently, legitimate grounds for the failure are required for the reinstatement, but if the failure is not intentionally caused, the rights may be reinstated after April 1.

As for the Patent Act, for instance, the following procedures will be subject to the relaxation:

(i) filing a Japanese translation of the specification of a foreign language patent application or international patent application filed in foreign language;

(ii) claiming priority based on a Japanese patent application or under the Paris Convention;

(iii) filing a request for examination, reinstatement of patent rights by late payment of patent fees; and

(iv) providing a notification of appointment of a patent administrator for an international patent application.

Based upon the relaxation, lost rights due to the lapse of period caused by some of human errors will be recovered with the payment of substantial amount of extra fee.

Please referred to the following relevant materials:

https://www.jpo.go.jp/e/system/laws/rule/hokaisei/document/tokkyohoutou_kaiei_20190521/outline.pdf (2)③

https://www.jpo.go.jp/system/laws/rule/guideline/kyusai_method2.html

(Japanese only)