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Restoration Requirements for Lapsed Rights Relaxed to “Unintentional”

IP News 2023.04.25
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As of April 1, 2023, the requirements for restoring rights lapsed due to missing a procedural deadline have been relaxed from “legitimate reason” to “unintentional reason” for the following procedures:

Applicable Procedures (P: patent, UM: utility model, D: design, and TM: trademark)
  (1) entry into the Japanese national phase of PCT application (P, UM)
  (2) Priority claim under the Paris Convention (P, UM, D)
  (3) Priority claim based on domestic application (P, UM)
  (4) request for examination (P)
  (5) annuity payment for patent (or other) right after expiration of grace period) (P, UM, D)
  (6) renewal of trademark right after expiration of grace period (TM)
  (7) late payment of second-half registration fee after expiration of grace period (TM)
  (8) renewal of duration of right based on defensive mark registration (TM)
  (9) reclassification on registered trademark (TM)

A request for the restoration must be filed within two months from the date when the missed deadline is realized and within one year (six months in case of trademark) after the missed deadline. The request must include, in addition to the information of relevant date, (a) why the procedure could not be performed before the deadline and (b) a declaration that the failure was unintentional.

Further, a payment of the following official fee is necessary:

Official Fees for Restoration Request

Patent-related procedure

212,100 JPY

Utility Model-related procedure

21,800 JPY

Design-related procedure

24,500 JPY

Trademark-related procedure

86,400 JPY

Note: When the deadline is missed due to a situation beyond the control of applicant/ proprietor, the official fee is unnecessary, provided that a fact about the situation is proven in written documents.

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