Is it possible to extend the due date for filing a response to an Office Action in Japan?
3 month extension for filing response to Office Action can be obtained before the Japan Patent Office:
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). Please see the flowchart copied below.
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). Please see the flowchart copied below.
