Convergent of COVID-19 Pandemic

The Japanese government plans to lower the classification of COVID-19 under the infectious disease law, i.e., COVID-19 is set to be reclassified from Category II to Category V, the same as for seasonal flu, on 8 May 2023. The Japan Patent Office (JPO) also announced that the handling provisionally stipulated for cases affected by COVID-19 will be terminated and will return to the operation of the conventional relief measures.  This paper focuses on changes of the number of applications filed with the JPO during COVID-19 pandemic and the special measures to be terminated.

Number of Applications during COVID-19 pandemic

The number of applications filed with the JPO from 2019 to 2022 (January to December) obtained from the JPO’s web pages are as below.

PATENTS AND UTILITY MODELS:

Due to the impact of COVID-19 pandemic, the total number of the patent and utility model applications filed in Japan has decreased significantly between 2019 and 2020. Compared to 2019, the number of patent applications filed in 2022 is about 19,000 down. However, from 2020, the number of patent applications has gradually recovered.

DESIGNS:

For the design applications, it appears that the impact of COVID-19 pandemic was small. The total number of design applications filed in Japan has increased since 2019. However, the number of applications filed from Japan during 2020- 2022 has decreased slightly compared to 2019.

TRADEMARKS:

As with the patent applications, it seems that the impact of COVID-19 pandemic for filing trademarks was not small. The total number of the trademark applications filed in Japan has decreased between 2019 and 2020. Although the total number in 2022 has also been dropped, this seems to be as a result of the impact of the end of Olympic Games Tokyo 2020 (held in 2021), not just COVID-19.

Termination of Special Measures for COVID-19 Pandemic

As mentioned above, if the applicants for patents, utility models, designs, and trademarks are affected by COVID-19 and are unable to complete the procedures within the time limit, the JPO has provided flexible handling for the applications by allowing an extension of the time limit. Considering the changes of the status of COVID-19 etc., the JPO will terminate the special measures for cases affected by COVID-19. The examples for procedures being applied to the special measures to be terminated are provided below. From 9 May 2023, the following procedures will be returned to the operation of the conventional relief measures.

(1) Designated Time Limits, for procedures, such as an orders or notices for formality, and notices of reasons for refusal, etc.

(2) Statutory Time Limits, for procedures, such as Submission of documents proving the fact to seek application of exceptions to lack of novelty of invention, Submission of a priority certificate, Division of patent applications, Conversion of application of utility model registration or application of design registration into patent application, Patent applications based on utility model registration, Request for registration of extension of duration of patent right, Payment of registration fees, Request for refund of registration fees, Request for appeal against examiner’s decision of refusal, Request for retrial, Submission of translation of foreign language application, Request for examination of application, Submission of translation of patent application in a foreign language, Application for registration of renewal of duration of a trademark right, etc.

(3) Priority claim, such as Priority claim based on patent applications, Priority claim as governed by the Paris Convention, Claiming priority for an international application under the Patent Cooperation Treaty (PCT)

(4) International applications under the Patent Cooperation Treaty, such as, Submission of a document pertaining to the procedure for an international application under the PCT

(5) Request for Exemption from Paying Additional Registration Fees

The conventional remedy requirement applies to proceedings in which the last day of the procedural period is on or after 9 May 2023.