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JPO Announces Potential Relief for Late Submissions

2020-04-14
On April 3rd, the JPO announced that patent, trademark, design, and utility model applicants who have missed a deadline will be allowed to make a written submission (the “relief procedure”) explaining the circumstances behind the failure to meet the deadline in response to the coronavirus crisis. If the circumstances as explained by the applicant are recognized by the JPO as valid, then the JPO will treat the untimely submission as timely submitted.
 
However, applicants should be aware that the JPO retains full discretion to determine whether the circumstances surrounding the failure to meet a deadline are to be accepted. Moreover, there is significant legal precedent under similar standards where the JPO has rejected the vast majority of requests for relief (such as a missed PCT national entry deadline). Accordingly, to the extent possible, we advise that clients not rely on the relief procedure to the extent possible for the time being.
 
Details regarding the new relief procedure can be found here:
https://www.jpo.go.jp/e/news/koho/saigai/covid19_procedures.html