Home Previous News
Home Previous NewsMarch 23, 2009
IMPORTANT NOTICE
A partial revision of IP Laws in Japan, concerning a due date
for filing an amendment(for patent application only),
for filing a divisional application(for patent application only),
A Rule for reconsideration about a period for filing an Appeal or the like as stipulated in the Law number 16/2008 which has been promulgated in Japan on April 18, 2008, under the name of
“A law for partially amending the Japanese Patent Law or the like” will go into effect on or after April 1, 2009.Note that, under the New Patent Law, a due date for filing an amendment and a divisional application after the reception of the Final Notice of Reason for Rejection, will be changed.
Patent application:
(1) Due date for filing an amendment after the reception of the Final Notice of Reason for Rejection;
Under the current Patent Law, the due date for filing the Appeal against the Final Notice of Reason for Rejection is set within 3 months from the reception date of the Final Notice of Reason for Rejection, and an amendment to the specification, claims or drawings can be filed within 30 day from the filing date of the Appeal against the Final Notice of Reason for Rejection.
However, under the new Patent Law being effective on and after April 1, 2009, the amendment thereto should be filed with the JPO, simultaneously with filing the Appeal against the Final Notice of Reason for Rejection.
(2) Due date for filing a divisional application after the reception of the Final Notice of Reason for Rejection;
Under the current Patent Law, the due date for filing the Appeal against the Final Notice of Reason for Rejection is set within 3 months from the reception date of the Final Notice of Reason for Rejection, and a divisional application can be filed within 30 day from the filing date of the Appeal against the Final Notice of Reason for Rejection.
However, under the new Patent Law being effective on and after April 1, 2009, the divisional application should be filed with the JPO, simultaneously with filing the Appeal against the Final Notice of Reason for Rejection.