In the previous post, we talked about filing a priority document for a Japanese design application through the Hague System.
I remember, of course.
We have to pay attention to filing the document with the prescribed term, right?
We have to pay attention to filing the document with the prescribed term, right?
Good.
But, there is one more important thing which we have to remember actually.
But, there is one more important thing which we have to remember actually.
Is there?
It is about exception to lack of novelty.
If you would like to enjoy benefit of exception to lack of novelty for your Japanese design application through the Hague System, you must submit both a request for exception to lack of novelty and a certificate of exception to lack of novelty to the Japan Patent Office (JPO) within 30 days from its international publication date.
If you would like to enjoy benefit of exception to lack of novelty for your Japanese design application through the Hague System, you must submit both a request for exception to lack of novelty and a certificate of exception to lack of novelty to the Japan Patent Office (JPO) within 30 days from its international publication date.
I see.
By any chance, is the due date not notified by the Office too?
By any chance, is the due date not notified by the Office too?
Exactly!
Most applicants of Japanese design application through the Hague System usually consult patent attorneys in Japan after receiving office actions from the JPO.
The due date for filing the above-mentioned documents, namely within 30 days from the international publication date, comes before receiving the office actions. So, many applicants who don’t know the above cannot enjoy benefit of exception to lack of novelty due to lack of filing the required documents to the JPO.
Most applicants of Japanese design application through the Hague System usually consult patent attorneys in Japan after receiving office actions from the JPO.
The due date for filing the above-mentioned documents, namely within 30 days from the international publication date, comes before receiving the office actions. So, many applicants who don’t know the above cannot enjoy benefit of exception to lack of novelty due to lack of filing the required documents to the JPO.
Wow…it is likely to be forgot.
Really so.
In the next, I will talk about the conditions to enjoy exception to lack of novelty in Japan.
In the next, I will talk about the conditions to enjoy exception to lack of novelty in Japan.
