24.04.2009
Japan: New Periods For Appeals
The 2008 Revised Patent Act, Design Act and Trademark Act included the extension of the period for filing an appeal against an examiner’s final decision of rejection of an application. The new periods have become effective starting on April 1, 2009.
The revision extended the period for appeals against the rejection of patent, design and trademark applications, as well as the period for filing an appeal against an examiner’s final decision of rejection for a dismissal of an amendment for Japanese design and trademark applications for Japanese applicants from 30 days to three months.
For non-Japanese applicants the changes are the following:
1. For patents, according to the old law, the period for filing an appeal against an examiner’s final decision of rejection is a maximum of 90 days (a basic 30-day period with an option for a 60-day extension) plus another 30 days to file an amendment after the request for an appeal has been made. The total timeframe to file an amendment was 120 days (90 days + 30 days).
The revised provision extends this period from 90 days to four months (three months with an option for a one month extension). Applicants should take note that under the previous law the applicant could submit an amendment 30 days after the appeal was made. The new regulation however requires that the amendment is submitted concurrently with the request for an appeal within the four month period.
2. Regarding designs and trademarks the period for filing an appeal against an examiner’s final decision of rejection was 90 days (basic 30-days plus a 60-day option for an extension). The new provision provides a period of three month, which is not extendable.
