March 29, 2016
[ IP News-Design/Trademark ]
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 Practice | New 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 |
| - | 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 Practice | New 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 |
| - | 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.
