Key revisions to the Japanese patent practice under the PLT

Extension of the term for filing a response

In
the case of foreign applicants, the term for filing a response could be
extended even under the previous rule. Therefore, the new rule does not
substantially affect the extension of the term for foreign applicants.

1)
Responding to an Office Action

The
legal term for filing a response to an Office Action is 3 months. The term can be extended twice: a two (2) month extension
at a first request, and a one (1) month extension at a second request (that is,
6 months in total). 

2)
Filing an Appeal against a Decision of Rejection

The
non-extendible legal term for filing a Notice of Appeal is 4 months (3 months for Japanese applicants). An Amendment can be
filed only at the time of the filing of the Notice of Appeal. If an Appeal
Brief is not filed together with the Notice of Appeal, the JPO will notify
applicants to file the Appeal Brief within 1 month.

3)
Responding to an Office Action during an Appeal Procedure

The
legal term for filing a response to an Office Action is 3 months. Extensions of the term can be obtained in monthly
increments, up to 3 months (that is, 6 months in total).