Prerequisite Knowledge

  • Deemed Withdrawal of Earlier Application
    • The earlier application on which the claim of national priority is based is deemed to have been withdrawn when one year and four months have elapsed from the date of filing of the application
    • Patent Law, Article 42, Paragraph 1; Patent Law Enforcement Regulations, Article 28-4, Paragraph 2.
  • Withdrawal of priority claim
    • The applicant of a patent application with a claim of national priority may not withdraw such claim after the expiration of one year and four months from the date of filing of the earlier application
    • Patent Law, Article 42, Paragraph 3; Patent Law Enforcement Regulations, Article 28-4, Paragraph 2.

Look at the problem statement in light of this

  • If Application B is filed based on Application A and Application C is filed with respect to Application B
    • b: When does B become deemed withdrawn, 1 year and 4 months after A’s filing?
      • →×
      • That is when Application A is deemed withdrawn.
      • B is deemed withdrawn 1 year and 4 months after B’s filing.
    • c: How long can I withdraw C’s priority claim?
      • Up to 1 year and 4 months from the date of C’s earlier filing B
      • →○

Therefore, c is correct.


This page is auto-translated from /nishio/知財技能士1級28回Q16 using DeepL. If you looks something interesting but the auto-translated English is not good enough to understand it, feel free to let me know at @nishio_en. I’m very happy to spread my thought to non-Japanese readers.