Patent Act Article 19: Timing of Effectiveness of Submission of Applications, etc.
1. Overview
The provisions of Article 19 of the Patent Act are provisions that deem the date on which documents reach the Japan Patent Office.
At the end of Article 19 of the Patent Act, it is stated that "the application or object is deemed to have reached the Japan Patent Office."
This means that, regardless of whether it actually arrived or not, the application or object is treated as having reached the Japan Patent Office, thereby producing legal effects.
The point is that once the application of "deemed" is invoked, it cannot be overturned even if counter-evidence is presented.
In the case of "presumed," the presumption may be overturned by presenting counter-evidence.
Deem (Minasu)
Reading: Minasu
To treat as such. It carries the nuance of intentionally treating something that is actually different as if it were that thing. It can also be written as "見做す" or "看做す".
2. It seems that correspondence delivery (shinsho-bin) can also be sent via Letter Pack
Article 19 of the Patent Act provides for an exception to the principle of arrival.
Specifically, the application or object is deemed to have reached the Japan Patent Office at:
(i) the date and time when proven by a receipt for postal items,
(ii) the date and time indicated by the communication date stamp of the correspondence delivery item if that date and time are clear,
(iii) 12:00 PM on the day indicated if only the day is clear and the time is not clear from the communication date stamp of the postal item or correspondence delivery item.
It seems that correspondence delivery can also be sent via Letter Pack but
you should not be able to receive a receipt for postal items when sending via Letter Pack.
For this reason, when submitting an application, etc., to the Japan Patent Office via Letter Pack, it seems it will be proven by the communication date stamp.
Note that correspondence can be sent via services
"other than" Yu-Pack, Yu-Mail, Yu-Packet, and Click Post, it seems.
● Reference Information
・ Letter Pack | Japan Post Co., Ltd.
・ What services can be used to send correspondence?
・ Patent Act Article 19: Timing of Effectiveness of Submission of Applications, etc.
Article 19 When an application or other document or object required to be submitted to the Japan Patent Office pursuant to the provisions of this Act or an order under this Act, for which a period for submission is specified, is submitted by mail or by the services of correspondence delivery (hereinafter referred to as "correspondence delivery" in this Article) as defined in Article 2, paragraph (2) of the Act on Correspondence Delivery by Private Business Operators (Act No. 99 of 2002; hereinafter referred to as the "Correspondence Delivery Act" in this Article) provided by a general correspondence delivery operator as defined in Article 2, paragraph (6) of the same Act or a specified correspondence delivery operator as defined in Article 2, paragraph (9) of the same Act, which are specified by Ordinance of the Ministry of Economy, Trade and Industry, if the date and time when the application or object was handed to a business office of Japan Post Co., Ltd. (limited to those handling postal services) is proven by a receipt for postal items, it is deemed to have reached the Japan Patent Office at that date and time; if the date and time indicated by the communication date stamp of the postal item or the correspondence delivery item as defined in Article 2, paragraph (3) of the Correspondence Delivery Act (hereinafter referred to as "correspondence delivery item" in this Article) is clear, it is deemed to have reached the Japan Patent Office at that date and time; and if only the day is clear and the time is not clear from the date and time indicated by the communication date stamp of the postal item or correspondence delivery item, it is deemed to have reached the Japan Patent Office at 12:00 PM on the indicated day.
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