WHAT'S NEW

Partial Revision to the Japanese Patent Law

February 21, 2008
Hiromitsu NAKAYAMA
A bill proposing partial revision to the Japanese Patent Law has been approved by the Cabinet. The main revisions include a new registered license system, extension of the deadline for filing an appeal against final rejection, and reduction of the annual fee. The details are as follows:

1. New registered license system
This system will allow the licensee to register his license at the time of filing an application for a patent. The license, called temporary non-exclusive license or temporary exclusive license, will enable the licensee to take legal action against a third party.

2. Extended deadline for filing an Appeal Against Final Rejection
Applicants currently have 30 days from the date of the certified copy of the Final Rejection to file an Appeal Against the Final Rejection. This deadline will be extended to three months from the date of the certified copy of the Final Rejection. The deadline for filing amendments will also be extended from the current 30 days following the date of the Appeal to three months following the date on which the Appeal was filed.

3. Reduced annual fee:
The annual maintenance fee for a patent will be significantly reduced for the 10th and subsequent years after registration.


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