Patent Procedure Amendment on Extension of Time for filing Responses to Office Actions in Japan as of April 1, 2016
The JPO will commence new procedures for filing a request for extension of time for responding to office actions.
(1) Extension of time within the deadline:
Under the current procedures, one request for extension of time can extend only one month. If the applicant would like to request a three-month extension of time, three requests must be filed with the JPO. However, as of April 1, 2016, it will be possible to obtain a two-months extension by one request. Thereafter, applicants who reside outside Japan may file one additional request for a one-month extension of time, if necessary. The cost for filing a request for extension of time will remain the same, i.e., 2,100 yen per request.
For office actions issued after an appeal has been filed, this procedure is not applicable.
(2) Extension of time “after” the deadline:
It is currently not possible to file a request for extension of time once the deadline has passed. However, the JPO will accept a request for extension of time even after the deadline, if it is within two months from the deadline. For applicants who reside outside Japan, one request for extension of time will extend the time for two months. No specific reason will be required even though the request is filed after the deadline. The official fee for such a request will be 51,000 yen.
Once an appeal is filed, it is not possible to file a request for extension of time for office actions after the deadline has passed.