home > News > News (Before 2020) > Change in Practice of Extension of Time to Respond to Notice of Reason(s) for Rejection


Change in Practice of Extension of Time to Respond to Notice of Reason(s) for Rejection

According to the 2015 Act (revised Japanese Patent Act), the patent and trademark practice of extension of time to respond to a Notice of Reason(s) for Rejection will be changed as of April 1, 2016.

Please refer to the following charts comparing the current practice to the new practice.

<Patent Applications>

Current PracticeNew Practice
Request for extension of time filed within a time to respond to a Notice of Reason(s) for Rejection・Applicants residing abroad may file a request for a one-month extension up to three times.
(Extension is up to 3 months.)

・Rational reason for request is required.

・Official fee: JPY 2,100 per request
・Applicants residing abroad may file the first request for a two-month extension and the second request for a further one-month extension.
(Extension is up to 3 months.)
(Applicants residing in Japan may file only a request for a two-month extension.)

No rational reason for request is required.

・Official fee: JPY 2,100 per request
Request for extension of time filed after the lapse of a time to respond to a Notice of Reason(s) for Rejection・No system of extension of time (Extension of time is not allowed.)Applicants may file a request for a two-month extension within two months after the lapse of a response time.

No rational reason for request is required.

・Official fee: JPY 51,000
Notes:
-   It is not the new practice but the current practice that will apply to a Notice of Reason(s) for Rejection issued after filing an appeal against the Decision of Rejection.
-   When a request for extension filed within a response time is allowed, a further request for extension cannot be filed after the lapse of the response time.

<Trademark Applications>
Current PracticeNew Practice
Request for extension of time filed within a time to respond to a Notice of Reason(s) for Rejection・Only applicants residing abroad may file a request for a one-month extension.

・Rational reason for request is required.

・Official fee: JPY 2,100
・Applicants residing abroad or in Japan may file a request for a one-month extension.

No rational reason for request is required.

・Official fee: JPY 2,100
Request for extension of time filed after the lapse of a time to respond to a Notice of Reason(s) for Rejection・No system of extension of time
(Extension of time is not allowed.)
Applicants may file a request for a two-month extension within two months after the lapse of a response time.

No rational reason for request is required.

・Official fee: JPY 4,200
Notes:
-   The new practice will apply to a Notification of Provisional Refusal issued by JPO against an International Registration under the Madrid Protocol.
-   It is not the new practice but the current practice that will apply to the Notice of Reason(s) for Rejection issued after filing an appeal against the Decision of Rejection.


If you have any questions concerning this matter, please feel free to contact us.

IP News-Design/Trademark

September 30, 2021 Do you know that there is a way to obtain both patent and design rights from one patent application in Japan?
July 16, 2021 Revisions of Law to Improve Rules Specific to Japan Currently Causing Lapse of Deadlines (design/trademark)
May 31, 2021 Tightening of Regulations on Cross-border Transactions of Counterfeits (design/trademark)
April 5, 2021 Introduction to Examples of Graphic Image Design Registrations after Revision of the Design Act in 2020
August 11, 2020 Collective Application for Multiple Designs will be Enabled on April 1, 2021 (Follow-up on Revised Design Act)
March 29, 2016 Change in Practice of Extension of Time to Respond to Notice of Reason(s) for Rejection
March 29, 2016 Reduction in Official Fees for Patents and Trademarks
November 11, 2015 Certified Copy of Priority Document issued by the OHIM
January 25, 2012 Reduction in Annual Fees for Registered Designs

pagetop

home > News > News (Before 2020) > Change in Practice of Extension of Time to Respond to Notice of Reason(s) for Rejection