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Japanese Patent Application FAQs
Reviving an Abandoned Case
1. Is it possible to revive an abandoned patent or patent application and what procedure, circumstances and costs are required to do so?
If the deadline for filing a request for examination or a response to the office action has not yet passed and you did not file any petition for withdrawal with the JPO, you can revive the application. Please note that the JPO issues the Decision of Refusal after non-filing of a response to the office action, i.e., Reasons for Refusal. That is, there is an additional 90-days to respond to the decision after receiving the Decision of Refusal. You can revive the case by filing a Demand for Appeal and an Appeal Brief.
For patents, even if the deadline for paying the annuity has passed, you can maintain the patent by paying a doubled maintenance fee within six months after the due date for paying the annuity. It is not possible to revive the case after six months from the deadline of annuity payment.