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Updated April 14, 2023
Updated December 28, 2021
April 30, 2020
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In regard to relief measures for applicants who are unable to deal with specified procedures due to "reasons beyond one's control" or "legitimate reasons," the 88av 888 (JPO) usually applies such measures based on its Formality Examination Manual, and "Guidelines Concerning Remedial Provisions Applicable after the Expiration of a Time Limit". Nonetheless, when it comes to relief measures for procedures negatively affected by the Novel Coronavirus Disease (COVID-19), the JPO has taken the following flexible approaches until further notice (e.g. applicants are not required to submit document evidence supporting their reasons).

In light of the changes in the status of COVID-19 under the Infectious Disease Control Law and other factors, we have decided to terminate the handling provisionally stipulated for cases affected by COVID-19 and return to the operation of the conventional relief measures.

This conventional remedy requirement applies to proceedings in which the last day of the procedural period (the statutory or designated period (before the extension of the period) is on or after May 9, 2023 (Tuesday).

In addition, the following relief measures in the proceedings affected by COVID-19 will continue to apply to proceedings in which the last day of the proceeding period is Monday, May 8 or earlier.

Under the Act of Partial Revision of the Patent Act and Other Acts (Act No. 42 of 2021), part of which comes into effect on April 1, 2023, the requirement for reinstatement of relief provisions after the expiration of the period shall be relaxed from " (having) Legitimate Reasons " to "(being) Unintentional " (hereinafter referred to as the "Unintentional Standard").

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Under the laws and regulations of Japan, when applicants are unable to implement prescribed procedures due to "reasons beyond their control" within the time limits, they need to carry out procedures to apply for relief measures specified by the JPO. More specifically, please refer to "1. Procedures to which relief measures can be applied by carrying out procedures within 14 days" of II. Statutory Time Limits in ”Handling of Procedures Affected by COVID-19”.

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Under the laws and regulations of Japan, when applicants are unable to implement prescribed procedures due to "legitimate reasons" within the time limits, they need to carry out procedures specified by the JPO to apply for relief measures. More specifically, please refer to "2. Procedures to which relief measures can be applied when conducting prescribed procedures within two months" and "3. Priority claim" of II. Statutory Time Limits in "Handling of Procedures Affected by COVID-19".

※ This applies to procedures for which the processing period has expired on or before March 31, 2023.

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Under the laws and regulations of Japan, when applicants are unable to implement prescribed procedures due to "Unintentional Standard" within the time limit (※), they need to carry out procedures to apply for relief measures [specified by the JPO].

When submitting a Statement of Reasons for requesting Restoration due to Unintentional Standards, applicants must pay a restoration fee. However, if there is a reason beyond their control as to why they have not been able to implement procedures within the time limits, the restoration fee will be waived.

※ This applies to procedures for which the processing period has expired on or after April 1, 2023.

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Applicants or their representatives are required to submit documents by: (1) adding an "Others" column in documents to be submitted and describe on the documents reasons why they have not been able to implement procedures within the time limits; or (2) describing the above reasons in column “Details of statement” in written statements.

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Please submit documents for procedures that applicants were unable to implement within the prescribed periods and statements of the grounds for restoration, which describe reasons for the failure to meet the time limit.Also, when applicants request exemption from paying additional patent (registration) fees based on reasons beyond their control, please file such requests by submitting written payment form in which a column “others” is added to describe the request for exemption from paying additional patent (registration) fees based on reasons beyond their control and the specific details of the reasons (or, together with submitting the payment form (*1), please submit documents (written statements) describing that the reasons for the delay was beyond their control).

(*1) Please note that if applicants (representatives of applicants) submit documents stating the reasons beyond their control after submitting the payment form, the JPO cannot recognize the reasons (under Article 69 (4) of the Regulations under the Patent Act, Article 21 (3) of the Regulations under the Utility Model Act, Article 18 (3) of the Regulations under the Design Act, and Article 18 (8) of the Regulations under the Trademark Act).

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Applicants or their representatives are required to submit documents for procedures that they have not been able to implement procedures within the time limits, and a Statement of Reasons for requesting Restoration describing the reasons for the failure to meet the time limit. In addition, payment of the prescribed restoration fee is required.

In addition, for procedures that could not be performed within the prescribed time limit for the reasons beyond one's control, applicants or their representatives are required to submit a Statement of Reasons for requesting Recovery that specifically and sufficiently states in the "Others" column that the reason for not being able to implement said procedures falls under reasons beyond their control, and submit documentary evidence supporting the stated facts within two months of said procedures (please submit this information by way of a written petition). In this case, payment of the restoration fee is not required.

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The following are case examples in which applicants or their representatives were not able to implement procedures:

• Applicants or their representatives have been infected with the COVID-19;
• The offices of applicants or their representatives have been closed due to those who were infected with the COVID-19;
• Since local governments in regions where applicants or their representatives reside issued an order of or request for restrictions on movement due to the COVID-19, access to the office is severely restricted;
• The offices of applicants or their representatives have fallen into difficult situations to continue to operate due to negative impacts caused by the COVID-19;

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“Due to the negative effects of the COVID-19, Company XX for which applicants work/Office YY where representatives of applicants work had been closed (and forced to work at home) from ○○, 2020, and the applicants/the representatives were not able to implement their prescribed procedures. Nonetheless, since it has become possible to implement the procedures from ○○, 2020, please recognize □□ as an effective procedure.”

Description Example of Request for Exemption from Paying Additional Registration Fees

“[Others] Due to the negative effects of COVID-19, Company XX for which applicants work/Office YY where representatives of applicants work had been closed (remote work) from ○○ to ○○ in 2021, and the applicants/the representatives are (were) not able to implement the prescribed procedures for paying patent (registration) fees within the time limits. Nonetheless, since it has become possible to implement the procedures from ○○, 2021 within/after the late-payment periods (*2), the applicants/the representatives file a request for exemption from paying the additional registration fees.”

• *1 Please note that depending on the procedures, there is a time limit that the critical date is the date on which the procedures become available. For further details about time limits, please refer to “II. Statutory Time Limits” in Handling of Procedures Affected by COVID-19.
  Also, the dates on which the procedures become available are the dates on which the applicants/the representatives become ready to submit documents to the JPO to implement the procedures.
• *2 Only in cases where relief measures are granted on legitimate grounds or Unintentional Standard.

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When applying relief measures to applicants or their representatives who were unable to implement prescribed procedures within the time limits due to reasons beyond their control, legitimate reasons, or Unintentional Standard (only in cases where the restoration fees are waived due to grounds beyond their control), the JPO asks them to submit documentary evidence supporting the fact written in their documents. For procedures affected by COVID-19, submission of documentary evidence is not required if the last day of the procedural period is on or before May 8, 2023 (Monday).

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If the last day of the time limit for the procedure that could not be implemented is on or before May 8, 2023 (Monday), relief shall be granted if the applicants state that they have been affected by COVID-19, except cases where it is unlikely that they have been affected by the spread of COVID-19.

[Last updated 14 April 2023]

Contact details for procedures based on reasons beyond one’s control:

Official Services Management Section, General Coordination Divisions E-mail:[email protected]

Contact details for procedures based on legitimate reasons:

Restoration Section, Customer Relations Policy Division, Trademark and Customer Relations Department E-mail:[email protected]