(1) Notification of Provisional Refusal

 

You will receive a letter from the World Intellectual Property Organization (WIPO) enclosing a Notification of Provisional Refusal issued by the Japan Patent Office.

 

(Sample)

(2) Response Deadline

Three months

The deadline is computed from the “the date of pronouncement” indicated at the bottom of the first page of the “NOTIFICATION OF PROVISIONAL REFUAL”.

For example, if the date of pronouncement is November 1, 2007, the deadline to respond is February 1, 2008. If the date of pronouncement is November 30, 2007, the final date to respond would be February 29, 2008. If the deadline falls on a day when the JPO is closed, the deadline is automatically extended to the next business day.

In order to avoid a final rejection, you must reply to this provisional refusal within the deadline. Note that unlike in some countries, JPO will not ex officio delete the goods or services that are subject to the refusal.

(3) Extension

A one month extension can be obtained by request. No further extensions are available. A request for a one-month extension must be filed within the original deadline.

(4) Necessary Forms

 

A power of attorney is required.

In order for us to assist you to respond to the “NOTIFICATION OF PROVISIONAL REFUSAL” before the JPO, we need the following information and document:
– A copy of “NOTIFICATION OF PROVISIONAL REFUAL”
– Power of Attorney

A facsimile copy of a power of attorney is not acceptable. The original signed power of attorney can be filed after filing a response.

 

(5) Our Services

 

Once we receive a copy of the “NOTIFICATION OF PROVISIONAL REFUSAL” from you, we will provide you with the following information and advice:

 

a) Comments on the basis of the reasons for refusal;

b) An English translation of the details of the Cited Mark (including translation or transliteration of the mark, list of goods/service, owner, registration date, renewal date, etc.);

c) Suggestions and options for overcoming the provisional refusal; and

d) Cost estimate.

*Click here for sample letters with our comments and advice to our client
(under construction)

We, as your representative in Japan, will file an appropriate Amendment or a written argument in order to overcome the provisional refusal.

For more information, please click here