Under the current circumstance where the novel coronavirus disease "COVID-19" has been affecting countries all over the world, situations described below can be assumed.

 - Applicants, their representatives, etc. are infected with the COVID-19, and not able to implement prescribed procedure.

 - Offices of applicants, their representatives, etc. are closed due to the incident occurrence of the COVID-19, etc., and they are not able to implement prescribed procedures.

 - Since local governments in regions where applicants, their representatives, etc. reside issued an order of or request for restrictions on movement due to the COVID-19, access to their office is severely restricted (e.g., in a situation of working from home), and they are not able to implement the prescribed procedures.

 In order to handle such situations resulting from the spread of the COVID-19, the Japan Patent Office (JPO) applies relief measures to the case when applicants are unable to implement the procedures within time limits (including statutory time limits and designated time limits). Except for cases unlikely to have been affected by the spread of the COVID-19, the JPO will, until further notice, grant relief after the time limits for the procedures.

 Moreover, in general, for the relief after the time limits for the procedures due to reasons beyond their control or legitimate reasons, it is required to submit documentary evidence supporting the fact of reasons for the relief. However, only in a case of being affected by the COVID-19, the submission of the documentary evidence is not required until further notice.

(1) Relief measures based on "reasons beyond one’s control"

 Typical procedures to which the relief measures based on "reasons beyond one’s control" are applied are listed up in below (1-1) - (1-19).

 In the procedures to which the relief measures based on "reasons beyond one’s control" can be applied, it is required to submit documents relating the procedures within 6 months after the prescribed period (within 9 months after the prescribed period for (1-6), within 2 months after the prescribed period for (1-7), and within 7 months after the prescribed periods for (1-13) & (1-14)), and within 14 days (within 2 months for overseas residents) from the day when carrying out the procedures becomes possible. Moreover, it is required to describe the circumstances of being affected by the COVID-19 in the documents relating to the procedures or written statements.

(1-1)     Submission of a priority certificate for claiming priority under the Paris Convention (Article 43, paragraph (8) of the Patent Act).

 * See below (1-14) for the case of international patent application under Patent Cooperation Treaty (PCT).

(1-2)     Submission of document proving the fact to seek an application of exceptions to lack of novelty of invention (Article 30, paragraph (4) of the Patent Act and Article 38-6-3 of Regulations under the Patent Act)

 * Note that, in the case only an affixation of name with seal or a signature for the document proving the fact is not available within 30 days after filing the application, special measures described in (3) can be applied.

 * See below (1-13) for the case of international patent application under PCT.

(1-3)     Division of patent applications (Article 44, paragraph (7) of the Patent Act)

(1-4)     Conversion of application for utility model registration or application for design registration into patent application (Article 46, paragraph (5) of the Patent Act)

(1-5)     Patent application based on utility model registration (Article 46-2, paragraph (3) of the Patent Act)

(1-6)     Request for registration of extension of patent right duration for pharmaceuticals, etc. (Article 67-2, paragraph (3) of the Patent Act before the revision)

(1-7)     Submission of document stating that approval or any other disposition for pharmaceutical products etc. cannot be granted before the expiration of duration of the patent right (Article 67-2-2, paragraph (4) of the Patent Act before the revision)

(1-8)     Payment of patent fees (registration fees) (Article 108, paragraph (4) of the Patent Act; Article 32, paragraph (4) of the Utility Model Act; Article 43, paragraph (4) of the Design Act; and Article 41, paragraph (4), Article 41-2, paragraph (4), and Article 65-8, paragraph (5) of the Trademark Act)

(1-9)     Request for refund of already-paid patent fees (registration fees) (Article 111, paragraph (3) of the Patent Act; Article 34, paragraph (3) of the Utility Model Act; Article 45 of the Design Act; and Article 42, paragraph (3) and Article 65-10, paragraph (3) of the Trademark Act)

(1-10)   Request for appeal against examiner's decision of refusal (Article 121, paragraph (2) of the Patent Act; Article 46, paragraph (2) of the Design Act; and Article 44, paragraph (2) of the Trademark Act)

(1-11)   Request for retrial (Article 173, paragraph (2) of the Patent Act; Article 45, paragraph (1) of the Utility Model Act; Article 58, paragraph (1) of the Design Act; and Article 61 of the Trademark Act)

(1-12)   Request for refund of fees for request for examination of application or fees paid in excess (Article 195, paragraph (13) of the Patent Act; Article 54-2, paragraph (12) of the Utility Model Act; Article 67, paragraph (9) of the Design Act; and Article 76, paragraph (9) of the Trademark Act)

(1-13)   Submission of document proving the fact to seek the application of exceptions to lack of novelty of invention in international patent application under PCT (Article 38-6-3 of Regulations under the Patent Act)

(1-14)   Submission of priority document for claiming priority under the Paris Convention in case of filing an international patent application under PCT or filing a request of Article 184-20, paragraph (1) of the Patent Act (Article 38-14, paragraph (1) of Regulations under the Patent Act)

(1-15)   Request for trial against examiner's ruling dismissing amendment (Article 46, paragraph (2) of the Design Act applied mutatis mutandis to Article 47, paragraph (2) of the Design Act; and Article 44, paragraph (2) of the Trademark Act applied mutatis mutandis to Article 45, paragraph (2) of the Trademark Act)

(1-16)   Request for refund of individual designation fees for international application regarded as design registration application under the Geneva Act of the Hague Agreement (Article 60-22, paragraph (3) of the Design Act)

(1-17)   Submission of document proving the fact to seek the application of exceptions to lack of novelty of design in international application regarded as design registration application under the Geneva Act of the Hague Agreement (Article 1-2 of Regulations under the Design Act)

(1-18)   Submission of document proving the fact to seek the application of special provisions concerning time of filing of trademark application in connection with a trademark used at an exhibition, etc. (Article 9, paragraph (4) of the Trademark Act)

(1-19)   Application for trademark registration after revocation of international registration under the Protocol Relating to the Madrid Agreement (Article 68-32, paragraph (6) of the Trademark Act)

(2) Relief measures based on "legitimate reasons"

 Typical procedures to which the relief measures based on "legitimate reasons" are applied are listed up in below (2-1) - (2-12).

 In the procedures to which the relief measures based on the "legitimate reasons" can be applied (except for procedures (2-1) to (2-3)), it is required to submit documents relating to the procedures within one year after the prescribed period, and within 2 months from the day when carrying out the procedures becomes possible.

 In case of application with a priority claim described in (2-1) to (2-3), and receiving the relief measures based on the "legitimate reasons" after the lapse of the period of priority, it is required to file the application within 2 months after the lapse of the priority period.

 Moreover, it is required to attach documents describing grounds for restoration for any of the procedures, which describe the reason that they have been affected by the COVID-19.

(2-1)     Patent application or application for utility model registration with a priority claim based on earlier patent application, etc. in Japan (provision in the parentheses under Article 41, paragraph (1), item (i) of the Patent Act; and provision in the parentheses under Article 8, paragraph (1), item (i) of the Utility Model Act)

(2-2)     Patent application with a priority claim under the Paris Convention (Article 43-2, paragraph (1) of the Patent Act)

(2-3)     PCT international application with a priority claim under Article 8 of PCT (Article 28-3, paragraph (1) of Regulations under the Act on International Applications)

(2-4)     Submission of translation of foreign language application (Article 36-2, paragraph (6) of the Patent Act)

 *See below (2-7) for the case of international patent application based on PCT.

(2-5)     Request for examination of application (Article 48-3, paragraph (5) of the Patent Act)

(2-6)     Delayed payment of patent fees (registration fees) and patent surcharge (Article 112-2, paragraph (1) of the Patent Act, etc.)

(2-7)     Submission of translation of international patent application submitted in foreign language under PCT (Article 184-4, paragraph (4) of the Patent Act)

(2-8)     Appointment of patent administrator of international patent application for overseas resident (Article 184-11, paragraph (6) of the Patent Act)

(2-9)     Submission of translation of utility model registration application in foreign language (Article 48-4, paragraph (4) of the Utility Model Act)

(2-10)   Application for renewal registration of duration of trademark right (Article 21, paragraph (1) of the Trademark Act)

(2-11)   Delayed payment of later installment registration fees and surcharge for trademark registration (Article 41-3, paragraph (1) of the Trademark Act)

(2-12)   Application for renewal registration of duration of right based on defensive mark registration (Article 65-3, paragraph (3) of the Trademark Act)

(3) Special measures regarding submission of document proving the fact to seek application of exceptions to lack of novelty

 In the case only an affixation of name with seal or a signature for the document proving the fact is not available within 30 days after the filing of the application, the document without the affixation of name with seal or the signature can be submitted within the statutory period. In such a case, in the section for the affixation of name with seal or the signature in the document, it is required to be stated that the affixation of name with seal or the signature is unavailable due to the influence of the COVID-19 spread, and the document with the affixation of name with seal or the signature will be submitted later. When the document with the affixation of name with seal or the signature is ready, applicants are required to submit written statements attaching the document (not a copy) to the JPO as soon as possible.

(4) Special measures regarding the national phase entry of PCT international application

 When national phase documents are not submitted within the period for the submission of the national phase documents (30 months from the priority date), amendment of the procedure is ordered. Although the designated period in this case is two months, the JPO applies measures for permitting the procedures even after the 2-month period if any one of the following actions is taken.

 - Submit written statements within the 2-month period, which describe the situation of being affected by the COVID-19.

 - Submit national phase documents and pay fees within a certain period (e.g., a period available for request for extension of time limit (2 months), as a guide) after the 2-month period. In this case, it is required to submit document describing the situation and reasons for having failed to carry out the procedures due to the influence of the COVID-19.

(5) Special measures regarding response to notification of reasons for refusal

 Although, in general, applicants are required to submit at least written opinion within a designated period (in general, 60 days for patent application, and 40 days for applications for design registration and trademark registration) after serving the notification of reasons for refusal, relief provisions after the designated period are not stipulated. The JPO applies measures for permitting the procedures, such as the submission of the written opinion, even after the designated period without request for extension of time limit if any one of the following actions is taken.

 - Submit written statements within the designated period, which describe the situation of being affected by the COVID-19.

 - Carry out the procedures (e.g., submission of the written opinion) within a certain period (e.g., a period available for request for extension of time limit (2 months), as a guide) after the designated period. In this case, it is required to submit document describing the situation and reasons for having failed to carry out the procedures due to the influence of the COVID-19.

(6) In the case a seal or a signature of a representative of judicial person etc. for certificates such as power of attorney is not available

 (a) If there is a possibility that a seal or a signature is not available within the designated period, it is required to submit written statements describing the situation that it is not available within the designated period due to the influence of the COVID-19.

 (b) If the designated period has lapsed, it is required to submit the certificate (e.g., power of attorney) with the seal or the signature as soon as it is ready, together with document describing the situation that the seal or the signature was not available due to the influence of the COVID-19.

(7) Opposition to grant of patent and opposition to registration of trademark

 As for the opposition to grant of patent and the opposition to registration of trademark, since there is no relief provision provided, relief measures will not be applied when the opposition cannot be implemented within the statutory period. In such a case, only interested persons can request an invalidation trial against a patent or an invalidation trial against a trademark registration.

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