Japanese Patent FAQs
Reviving an Abandoned Case
Q.Is it possible to revive an abandoned patent or patent application and what procedure, circumstances and costs are required to do so?
No. If an application is legally abandoned, it cannot be revived. However, an application is not necessary abandoned when no response was filed to a non-final office action (Reasons for Rejections). If the deadline for filing a request for examination or a response to the office action has not yet passed and the applicant did not file any petition for withdrawal with the JPO, the applicant can continue prosecution of the application. The JPO issues a final office action (Decision of Rejection) even if no response is submitted to a non-final office action (Reasons for Rejection). That is, there is an additional four months to respond to the decision after receiving a final office action (Decision of Rejection). Prosecution is continued in these circumstances by filing a Demand for Appeal and an Appeal Brief.
For patents, even if the deadline for paying an annuity payment has passed, the patentee 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 patent after six months from the deadline of a missed annuity payment.