By Christopher P. Singer --
Last week, one of our Japanese associates, Kawaguti & Partners, published a newsletter outlining the impact on foreign applicants that amendments to the Japanese Patent Law will have on patent applications after final rejection. Under the current law, applicants receiving a final rejection have 30 days (plus a 60-day extension) from the mailing date of the rejection to file an appeal against the final rejection. The existing law also allows Applicants to file amendments to the claims and specification within 30 days from the filing of the appeal. Under the amended law, applicants will have 3 months, plus a 1 month extension, from the mailing date of the final rejection in which to file an appeal. Further, the new law will require that all amendments to the claims and specification be submitted along with the filing of the appeal.
The effective date of the new law is April 1, 2009. Any patent application that receives a final rejection on or after that date will have to comply with the new timing and procedural requirements.
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