【日本特許庁】平成28年（2016年）熊本地震の発生に伴う各国・地域の知財庁の救済措置等について

April 21, 2016 (Heisei 28)

International Policy Division and International Cooperation Division, General Affairs Department, Japan Patent Office

For those who have become unable to carry out prescribed procedures regarding foreign applications, etc. relating to patents, utility models, designs, or trademarks due to the impact of the Kumamoto Earthquake that occurred in April 2016 (Heisei 28), we hereby provide information on relief measures, etc. available at overseas IP Offices.

1. Relief Information by Country and Region

The relief measures, etc. for the earthquake disaster provided by the IP Offices of each country and region are as follows.

Relief Measures, etc. by the IP Offices of Each Country and Region

• Information on relief measures, etc. of the Taiwan Intellectual Property Office (Taiwan)
  
• Information on relief measures, etc. of the European Patent Office (Europe)
  
• Information on relief measures, etc. of the UK Intellectual Property Office (United Kingdom)
  
• Information on relief measures, etc. of the National Intellectual Property Office of Sri Lanka (Sri Lanka)
  
• Information on relief measures, etc. of the Industrial Property Office of the Czech Republic (Czech Republic)
  
• Information on relief measures, etc. of the Swiss Federal Institute of Intellectual Property (Swiss Confederation)
  
• Information on relief measures, etc. of the Patent Office of the Republic of Poland (Republic of Poland)
  
• Information on relief measures, etc. of the Danish Patent and Trademark Office (Kingdom of Denmark)
  
• Information on relief measures, etc. of the Intellectual Property Office of Singapore (Republic of Singapore)
  
• Information on relief measures, etc. of the State Intellectual Property Office of China (People's Republic of China)
  
• Information on relief measures, etc. of the German Patent and Trade Mark Office (Germany)
• Information on relief measures, etc. of the Hellenic Industrial Property Organisation (Hellenic Republic)
• Information on relief measures, etc. of the Swedish Patent and Registration Office (Kingdom of Sweden)
• Information on relief measures, etc. of the Korean Intellectual Property Office (Korea)
• Information on relief measures, etc. of the Spanish Patent and Trademark Office (Spain)
• Information on relief measures, etc. of the Portuguese Institute of Industrial Property (Portuguese Republic)
• Information on relief measures, etc. of the Intellectual Property Office of Serbia (Republic of Serbia)
• Information on relief measures, etc. of the Israel Patent Office (State of Israel)
• Information on relief measures, etc. of the World Intellectual Property Organization (WIPO)
• Information on relief measures, etc. of the Intellectual Property Office of Vietnam (Socialist Republic of Vietnam)
• Information on relief measures, etc. of the State Committee on Standardization, Metrology and Patents of Azerbaijan (Republic of Azerbaijan)
• Information on relief measures, etc. of the Canadian Intellectual Property Office (Canada)
• Information on relief measures, etc. of the Intellectual Property Corporation of Malaysia (Malaysia)
• Information on relief measures, etc. of the Italian Patent and Trademark Office (Italian Republic)
• Information on relief measures, etc. of the National Institute of Industrial Property of Chile (Republic of Chile)
• Information on relief measures, etc. of the European Union Intellectual Property Office (Europe)
• Information on relief measures, etc. of the Netherlands Patent Office (Netherlands)
• Information on relief measures, etc. of the United States Patent and Trademark Office (United States of America)
• Information on relief measures, etc. of the Saudi Patent Office (Kingdom of Saudi Arabia)
• Information on relief measures, etc. of the Intellectual Property Office of Uzbekistan (Republic of Uzbekistan)
• Information on relief measures, etc. of the Intellectual Property Office of the Philippines (Republic of the Philippines)

The relief measures announced by the IP Offices of each country and region, as well as the information collected by the JPO, are updated from time to time and provided to all users, so please use them as a reference when carrying out procedures for foreign applications, etc.

Please note that, for reference purposes, we have posted provisional translations of the laws, regulations, relief measures, etc. of each country and region; however, the laws and regulations in particular are not necessarily the latest, so please make final confirmations and inquiries based on the original texts. Furthermore, in the event that this provisional translation contains any descriptions that differ from the original text, the original text shall prevail in all cases.

The JPO is currently requesting relief measures concerning statutory periods, etc. for Japanese applicants and agents who were unable to carry out prescribed procedures or communications due to the impact of this earthquake, from the IP Offices (approximately 130 offices and organizations) of countries and regions where applications from Japan have existed over the past three years.

2. (Reference) Overview of Relief Measures under the Patent Law Treaty (PLT) and the Singapore Treaty on the Law of Trademarks (STLT)

If a country is a contracting party to the PLT and the STLT, relief measures based on the provisions of the treaties can be received.

(1) Relief Measures Stipulated in the PLT

• a. Relief Concerning Time Limits for Procedures (Article 11)
  In cases where the time limit for a procedure relating to a patent application or a patent has expired, the applicant may request an extension of that time limit for the procedure. (However, retrial procedures such as appeals and inter partes procedures may be excluded in some cases.)
  
• b. Reinstatement of Lost Rights (Article 12)
  In cases where rights relating to a patent application or a patent have been lost due to the failure to meet a time limit, the applicant may request the reinstatement of those rights, provided that the Office recognizes that the applicant exercised due care or that the failure was unintentional. (However, retrial procedures such as appeals and inter partes procedures may be excluded in some cases.)
  
• c. Restoration of Priority Right After Expiration of the Priority Period (Article 13(2))
  In cases where the period for claiming priority of an earlier application has expired before the filing of the patent application, the applicant may request the restoration of the priority right, provided that the Office concerned recognizes that the applicant exercised due care or that the failure was unintentional.
  

* For details, refer to "Overview of the Patent Law Treaty (PLT)."
https://www.jpo.go.jp/torikumi/kokusai/kokusai2/plt_20160210.htm

(2) PLT Member Countries (Adopted in 2000, Entered into Force in 2005)

As of March 2016, 37 countries including Japan (entering into force on June 11, 2016), the United States, the United Kingdom, France, and Australia. For details, refer to the link below.
http://www.wipo.int/export/sites/www/treaties/en/documents/pdf/plt.pdf

(3) Relief Measures Stipulated in the STLT

• Relief Concerning Time Limits for Procedures and Reinstatement of Lost Rights (Article 14)
  With respect to applications for trademark registration or registrations, applicants may receive relief measures in accordance with (1), a and b above. (However, retrial procedures such as appeals and inter partes procedures may be excluded in some cases.)
  

* For details, refer to "Overview of the Singapore Treaty on the Law of Trademarks (STLT)."
https://www.jpo.go.jp/torikumi/kokusai/kokusai2/stlt_20160210.htm

(4) STLT Member Countries (Adopted in 2006, Entered into Force in 2009)

As of March 2016, 42 countries and 2 intergovernmental organizations including Japan (entering into force on June 11, 2016), the United States, the United Kingdom, France, and Australia. For details, refer to the link below.
http://www.wipo.int/export/sites/www/treaties/en/documents/pdf/singapore.pdf

[Updated: July 1, 2016]