Relaxation of requirements for restoration of rights due to expiration of deadlines

Effective April 1, 2023, the requirements for restoration of Patent, Utility Model, Design, and Trademark rights lapsed due to expiration of specified periods will be relaxed from the criterion of “justifiable reason” to “unintentional” (as is the case in the U.S.). This will make it possible, for example, to obtain remedies for restoration of rights even if the term has expired due to human errors, such as an input error into a term management system.

The restoration fees are to be as follows.

Patent: 212,100 JPY
Utility model: 21,800 JPY
Design: 24,500 JPY
Trademark: 86,400 JPY

Examples of the procedures covered by the relief measures are as follows.

［Patent］
(i) Translation of Patent Application filed in Foreign Language
(ii) Priority Claim based on Patent Application.
(iii) Priority Claim under the Paris Convention
(iv) Request for Examination of Patent Application
(v) Restoration of Patent Right by Late Payment of Patent Fee
(vi) Translation of International Patent Application filed in Foreign Language

［Utility Model］
(vii) Priority Claim based on Application for Utility Model Registration
(viii) Priority Claim under the Paris Convention
(ix) Restoration of Utility Model Right by Late Payment of Registration Fee
(x) Translation of International Application for Utility Model Registration filed in Foreign Language

［Design］
(xi) Priority Claim under the Paris Convention
(xii) Restoration of Design Right by Late Payment of Registration Fee

［Trademark］
(xiii) Restoration of Trademark Right
(xiv) Restoration of Trademark Right by Late Payment of Second-Installment Registration Fee

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