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Missed the 30-Month Deadline for Japan? PCT National Phase Restoration Under the “Unintentional” Standard (Since April 2023)

Picture of Takefumi Sugiura – Japanese Patent Attorney
Missed the 30-Month Deadline for Japan? PCT National Phase Restoration Under the “Unintentional” Standard (Since April 2023)

A missed 30-month deadline used to be close to fatal in Japan: the old “due care” standard was rarely satisfied. That changed on April 1, 2023. Under the current “unintentional” standard (Art. 184-4(4) of the Patent Act), a PCT applicant who failed to file the Japanese translation in time can still enter Japan if the failure was not deliberate — within a strict window and against a substantial fee. This guide explains what “deemed withdrawn” means, the exact restoration procedure and its deadlines, and the second trap that follows a late entry: the patent administrator rule.

1. What “Deemed Withdrawn” Means — and the 2-Month Translation Special Period

For a PCT application filed in a language other than Japanese, national phase entry into Japan requires the Japanese translation of the description, claims and drawings text within the national document filing period — 30 months from the earliest priority date (Art. 184-4(1)). One relief is built into the statute: if the national form (国内書面) was filed within the last 2 months before the 30-month date, the translation may be filed within 2 months of that filing (the “translation special period”). If the translation is not filed within the applicable period, the international application is deemed withdrawn as to Japan (Art. 184-4(3)).

2. The 2023 Change: From “Due Care” to “Unintentional”

Before April 2023, restoration required proof that the failure occurred despite “due care” — a standard the JPO interpreted narrowly. The amended Art. 184-4(4) now permits late filing of the translation unless the failure is found to have been intentional. The practical effect: a docketing error, a lost instruction, an internal miscommunication or a misunderstanding between foreign counsel and the applicant is, as a rule, not intentional and therefore restorable. The same standard applies to the examination request deadline and to the patent administrator notification (Section 5).

3. Restoration Step by Step: Window, Documents, Fee

ElementRequirement (JPO guidance, updated May 18, 2026)
WindowWithin 2 months from the date the applicant became able to file (in practice, the date the missed deadline was discovered) and no later than 1 year after the expiry of the original period
What to fileThe Japanese translation (with the national form and fees) together with a statement of reasons for restoration (回復理由書): the cause of the failure, the date you became able to act, and a statement that the failure was not intentional
EvidenceNot required as a rule. Required only if you request waiver of the fee on the ground that the failure was due to reasons not attributable to the applicant
FeeRestoration fee JPY 212,100 (patents), in addition to the ordinary entry fees
Who filesThrough a representative in Japan in practice — and note that a patent administrator must in any event be appointed after entry (Section 5)

Why the 2-month window is the number that matters

The 1-year outer limit is generous; the 2-month window from discovery is not. The JPO counts from the date you became able to act, which is normally the date the missed deadline came to your attention. Instruct Japanese counsel the same day, with the PCT publication, the priority documents and a short factual account of how the deadline was missed.

4. What Counts as “Intentional”

The standard is not “was the applicant careful” but “did the applicant knowingly decide not to file”. The JPO’s guidance gives examples of situations that are not relieved — typically a deliberate decision not to enter Japan that the applicant later reverses because of a change in business policy. By contrast, cases where the applicant intended to enter Japan but the filing did not happen because of an error in the chain of instructions are the core of what the amended provision is meant to rescue. The statement of reasons should therefore describe the facts plainly: who was responsible for the filing, what went wrong, and when it was discovered.

5. The Second Trap: the Patent Administrator Deadline

Restoring the entry is only half the job. An applicant residing outside Japan may act without a Japanese representative only until the national processing standard time; after that a patent administrator (特許管理人) domiciled in Japan must be appointed and notified to the JPO within 3 months (Art. 184-11; Regulation Art. 38-6-2). If the notification is missing, the JPO issues a notice and gives 2 further months; failing that, the application is deemed withdrawn — again restorable only under the unintentional standard, within 2 months of becoming able to act and within 1 year, with the same JPY 212,100 fee. Full details in our national phase entry guide.

The pattern that kills self-entered cases

An applicant files the national form and translation from abroad, no patent administrator is appointed, and the JPO’s notice is mailed to a foreign address where nobody connects it to the case. Two months later the application is deemed withdrawn. If you entered Japan without Japanese counsel, appoint a patent administrator now — and if an Office Action is already pending, it can only be answered through one (see our Office Action guide).

6. Checklist for the Day You Discover a Missed Japan Deadline

  • Record today’s date — the 2-month window runs from it
  • Confirm which period was missed: the 30-month period, the translation special period, the examination request, or the patent administrator notification
  • Collect the facts of the failure (who, what, when) for the statement of reasons
  • Instruct Japanese counsel to file the translation, the statement of reasons and the restoration fee — and to appoint a patent administrator
  • Check for any pending Office Action or examination request deadline on the restored case

Frequently Asked Questions

What exactly happens when the 30-month deadline is missed?
If the Japanese translation of the description and claims is not filed within the national document filing period (30 months from the earliest priority date, or the 2-month translation special period where applicable), the international patent application is deemed withdrawn as to Japan (Art. 184-4(3)). Since April 2023 this is not the end: Art. 184-4(4) allows the translation to be filed late unless the failure is found to be intentional.
How long do I have to request restoration?
Under the JPO’s guidance, the late translation must be filed within 2 months from the date the applicant became able to file it, and no later than 1 year after the expiry of the original period. The 2-month window starts when the missed deadline is discovered — so act on the day you find out.
Do I need to prove why the deadline was missed?
A statement of reasons for restoration is required, stating the cause, the date on which you became able to act, and that the failure was not intentional. Supporting evidence is not required as a rule. Evidence is needed only if you seek waiver of the restoration fee on the ground that the failure was due to reasons not attributable to the applicant.
What is the fee?
The restoration fee for patent procedures is JPY 212,100 (JPO guidance updated May 18, 2026), in addition to the ordinary national phase fees. It may be waived only where the failure was due to reasons not attributable to the applicant and documentary evidence is filed.
Is a deliberate decision not to enter Japan, later reversed, restorable?
No. The “unintentional” standard excludes cases where the applicant knowingly chose not to file and later changed its mind. The JPO’s guidance lists such changes of policy among the situations that are not relieved. Errors, miscommunication and docketing failures are the typical cases that qualify.

FOR FOREIGN COUNSEL & APPLICANTS

Facing a JPO deadline on a Japanese case?

Send us the Office Action or the case details — EVORIX handles national phase entry, patent administrator appointment and Office Action responses for overseas applicants. Free assessment and a fixed quote within 3-5 business days.

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Disclaimer

This article provides general information about Japanese patent practice as of September 2026 and does not constitute legal advice. Periods, fees and examination practice may change, and the deadline for a specific case depends on the documents actually issued. Please consult a qualified Japanese patent attorney about your specific matter.

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