(1) New time frame for responding to a Decision of Rejection

Patent:
The time frame for filing an appeal against a final rejection (Decision of Rejection) for foreign applicants will be changed from “90 days from the transmittal of the final rejection” to “four months from the transmittal of the final rejection”. An amendment must be filed together with the appeal. Under the previous law, such an amendment must have been filed within 30 days from the filing of the appeal.

Trademark and Design:
As to Trademark and Design, the time frame for filing an appeal against the final rejection for foreign applicants will be changed from “90 days from the transmittal of the final rejection” to “three months from the transmittal of the final rejection”. Also, the time frame for filing an appeal against the dismissal of an amendment in trademark and design applications for foreign applicants will be changed from “90 days from the transmittal of the ruling” to “three months from the transmittal of the ruling”.

 

(2) Recordation of provisional exclusive license and provisional non-exclusive license becomes available

Under the previous law, exclusive and non-exclusive licenses were permitted to be recorded only after the application had been granted a patent. However, under the amended law, a provisional exclusive license and/or a provisional non-exclusive license may be recorded based on a license agreement before the application is granted a patent.

Once a provisional non-excusive license has been recorded, it shall be effective against any person subsequently acquiring the right to obtain a patent with respect to the provisional non-exclusive or provisional exclusive license.

Further, even if the applicant goes bankrupt, the bankruptcy trustee is not be permitted to cancel the recorded provisional exclusive or non-exclusive license based on Chapter 56 of the Bankruptcy Act.

A provisional exclusive license must be recorded at the JPO in order to be in effect. A provisional non-exclusive license must be recorded in the JPO in order to be entitled to status as a license against a third party.