As of April 1, 2023, the requirements for restoring rights lapsed due to missing a procedural deadline have been relaxed from “legitimate reason” to “unintentional reason” for the following procedures:
Applicable Procedures (P: patent, UM: utility model, D: design, and TM: trademark)
(1) entry into the Japanese national phase of PCT application (P, UM)
(2) Priority claim under the Paris Convention (P, UM, D)
(3) Priority claim based on domestic application (P, UM)
(4) request for examination (P)
(5) annuity payment for patent (or other) right after expiration of grace period) (P, UM, D)
(6) renewal of trademark right after expiration of grace period (TM)
(7) late payment of second-half registration fee after expiration of grace period (TM)
(8) renewal of duration of right based on defensive mark registration (TM)
(9) reclassification on registered trademark (TM)
A request for the restoration must be filed within two months from the date when the missed deadline is realized and within one year (six months in case of trademark) after the missed deadline. The request must include, in addition to the information of relevant date, (a) why the procedure could not be performed before the deadline and (b) a declaration that the failure was unintentional.
Further, a payment of the following official fee is necessary:
Official Fees for Restoration Request
Patent-related procedure |
212,100 JPY |
Utility Model-related procedure |
21,800 JPY |
Design-related procedure |
24,500 JPY |
Trademark-related procedure |
86,400 JPY |
Note: When the deadline is missed due to a situation beyond the control of applicant/ proprietor, the official fee is unnecessary, provided that a fact about the situation is proven in written documents.