Presently the JPO has in place a measure whereby upon request the office extends until August 31, 2011 the expiration date applicable to the period for completing patent application procedures set forth in the Patent Act, etc., in accordance with Article 3, Paragraph 3 of the Act on Special Measures concerning Preservation of Rights and Interests of People Affected by Specified Disaster (hereinafter referred to as “Special Measures Act for Specified Emergency Disasters”) for the benefit of patent applicants, patentees, etc., who were affected by the Great East Japan Earthquake.

Considering, however, that there are still applicants who are unable to complete application procedures and that the rights granted under the Patent Act, etc. are special rights which, if once lost, cannot be obtained again, under Article 3, Paragraph 4 of the Special Measures Act for Specified Emergency Disasters the government issued the “Cabinet Order on the extension of the expiration date for the rights and interests due to be covered by the amendments, etc. to the abstracts attached to relevant patent applications under the provision of Article 17-3 of the Patent Act for the benefit of victims of the Great East Japan Earthquake,” and thereby has decided to extend for another seven months the expiration date for the procedures in general (see Appendix: in Japanese) for which particularly, extension measures continue to be required including requests for examination of patent applications. An applicant too seriously affected by the Great East Japan Earthquake to be able to complete the application procedures within the established period, can submit a written request giving reasons for requiring an extension of the period and then have the expiration date for the period extended up to March 31, 2012 on such rights and interests relating to which the JPO accepts the necessity of extension.

Article 3, Paragraph 3 of the Special Measures Act for Specified Emergency Disasters stipulates that by specifying the extended date as set forth in the Cabinet Order the JPO may extend the expiration date for completing patent application procedures for the benefit of those who have been affected by any specified disasters and submit a written request giving reasons for requiring preservation or recovery of any specified administrative rights and interests under the applicable law.

Article 3, Paragraph 4 of the Special Measures Act for Specified Emergency Disasters stipulates that if it is deemed particularly necessary to continue applying the above extension measure on and after the day following the extended expiration date, then pursuant to each Article of the applicable law that grants each of the specified rights and interests, the JPO may extend the expiration date for the relevant rights and interests up to the date newly set by the Cabinet Order.

The Cabinet Order referred to above will be promulgated and enforced on August 26, 2011.

August 23, 2011

General Affairs Division, General Affairs Department, Japan Patent Office