As of April 1, 2023, Japan amended its IP laws to relax the standard for restoring rights when a deadline is missed. The requirement for “justifiable grounds” was replaced by a more lenient “unintentional” standard.

“Unintentional” means that the failure to meet the deadline was not deliberate. Common examples include clerical errors, miscommunication, docketing mistakes, or unforeseen administrative issues.

Yes. The “unintentional” standard applies to procedures under the Patent Act, Utility Model Act, Design Act, and Trademark Act of Japan. However, it applies only to statutory deadlines expressly set forth in those Acts; it does not apply to every procedure indiscriminately.

A written Statement of Reasons for Restoration must be filed, explaining:
 – The cause of the missed deadline
 – The date when the applicant became able to proceed with the procedure
 – Confirmation that the delay was not intentional

The request must be filed:
 – Within 2 months from the date the applicant became aware of the missed deadline, and
 – Within 1 year from the original deadline (whichever comes first)

Both domestic and foreign applicants can request restoration, including in the context of international (PCT) applications entering Japan.

Yes. If the delay was unintentional, it may be possible to restore the right to enter the national phase in Japan. A request for restoration must be filed with the JPO under the “unintentional” standard.

Note: The request must be filed within two months from the date on which the missed deadline was discovered, and within one year from the original deadline (for patent applications).

It generally takes approximately six months for the JPO to issue a decision after the request is filed.

Yes. The JPO generally considers such circumstances to fall within the scope of “unintentional,” provided that the failure to meet the deadline was not deliberate.

Required documents may vary depending on the type of procedure.
For example, in the case of late PCT national phase entry, a Japanese translation of the application is required.
The following documents must be filed with the JPO within the prescribed time limits:

1. A written statement explaining the reasons for the failure to meet the deadline; and
2. A Japanese translation of the PCT application (if not yet filed).

The official fee for filing a restoration request in patent matters is JPY 212,100.

Yes. The JPO may deny restoration where the missed deadline resulted from an intentional decision by the Applicant not to proceed, such as:

• Post-deadline change in Applicant’s internal policy after initially deciding against requesting examination;
• Non-payment of advance fees after Applicant’s decision against entering the national phase;
• Applicant’s intention changes after initially deciding against maintaining a right and allowing it to lapse;
• Applicant’s business or financial decision against maintaining a right;
• Applicant’s resumption of business after a decision against maintaining a right;
• Applicant’s decision against maintaining a co-owned right due to lack of agreement;
• Intentional non-response to a JPO order to correct deficiencies after Applicant’s decision that the right was no longer necessary.