Earthquake in Japan – information on time limits in patent matters
In view of the earthquake in Kumamoto Prefecture, Japan, on July 28, 2026, PRV wishes to draw your attention to the general legal remedies available regarding a failure to observe time limits under the Patents Act.
The provisions of Chapter 20, Section 8 of the Patents Act constitute a safeguard against delays resulting from disruptions to normal postal services or document transmission caused by an exceptional event affecting the location where an applicant, a party, or their representative resides or conducts business.
This provision applies where a failure to meet a time limit is due to exceptional circumstances beyond the affected person's control; it may therefore be invoked by applicants, parties to proceedings, or their representatives affected by the earthquake in Japan.
Under the same rule, a document received late shall be deemed to have been received on time if the affected person can demonstrate that, during any of the ten days preceding the expiration of the time limit, it was impossible to meet the deadline due to a natural disaster or similar circumstance, and that the document was mailed or transmitted no later than the fifth day after the disruption ceased.
The rules regarding the reinstatement of rights under Chapter 20, Section 7 of the Patents Act are also applicable under these circumstances.