Termination of simplified procedure for remedy from expiration of time limits in case of Covid 19
In Japan, patent applicants or patentees can request remedy from the expiration of prescribed time limits for certain procedures, for example, for filing translations of foreign patent applications, claiming priority, filing priority documents, requesting examination, and paying patent registration fees.
Before April 1, 2023, a “legitimate reason” with supporting evidence was required to obtain the remedy, but the requirement was relaxed from April 1, 2023, and the remedy now can basically be obtained if the applicant/patentee explains that the failure to meet the time limit was “unintentional” (For details please see the following article: https://www.aiklaw.co.jp/en/whatsnewip/2023/02/22/3865/).
Further to this, in the past three years, the Japan Patent Office (“JPO”) had been simplifying the necessary procedures for requesting the remedy from expiration of time limits if the applicant or patentee had been affected by Covid 19 (for example allowing to omit the filing of supporting evidence). However, this exceptional treatment has terminated on May 9, 2023 by the announcement of the JPO, in light of the recent change in the legal status of Covid 19, downgraded to the same category as common infectious diseases such as seasonal influenza.
From May 10, 2023, even if the failure has been caused by Covid 19, the regular procedure (based on the “unintentional” requirement in effect from April 1, 2023) is required for reinstatement of rights which are lost due to the failure to comply with prescribed time limits.
Please refer to the following link for more details: