Can the priority right of utility model application in Japan be restored?

The JPO conducts formality examination only for utility model patent applications.

Reinstatement of priority is accepted on grounds of "due care."

Reinstatement of priority on grounds of "due care" accepted.

10 years

1-2 years

yes

yes. Within 3 years from the date of application, or within 3 months from the date of receipt of the rejection decision, the patent type can be changed from design to invention/utility model at the request of the applicant.

A conversion fee shall be paid for patent type conversion. Once the original patent application is converted, it will be deemed withdrawn.

yes.

• Within the period of 9 years and 6 months from the date of application for the invention patent, or within 3 months from the date of receipt of the notification of rejection, the patent type of the invention patent may be changed from invention to utility model/design upon request
• A request to change the patent type from invention to utility model/design can be filed within three months from the date of the JPO’s first decision to reject the application

A conversion fee shall be paid for patent type conversion. Once the original patent application is converted, it will be deemed withdrawn.

Inventors have a novelty grace period of 12 months after disclosure (including sale).