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Japanese Patent FAQs

Restration of Priority Right

1. Is restoration of the priority right available based on a U.S. provisional application?

It is not possible to restore priority in Japan. Once twelve months have expired from the priority date, it is not possible to restore the right of priority.

The JPO deems that restoration of the priority right under PCT rule 26 bis.3 and 49 ter.2 is incompatible with national law. Accordingly, restoration is not available in Japan.

PCT rule 26 bis.3:
http://www.wipo.int/pct/en/texts/rules/r26bis.htm#_26bis_3_j
PCT rule 26 bis.3 and 49 ter.2:
http://www.wipo.int/pct/en/texts/rules/r49ter.htm#_49ter_2_h

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