Patent Act (Act No. 121 of 1959)  
Latest revision: Act No. 51 of June  14, 2023 
 
Table of Contents  
Chapter I General Provisions (Article 1 to Article 28)  
Chapter II Patents and Patent Applications (Article 29 to Article 46 -2) 
Chapter III Examination (Article 47 to Article 63)  
Chapter III -2 Laying Open of Applications (Article 64 to Article 65)  
Chapter IV Patent Rights  
Section 1 Patent Rights (Article 66 to Article 99)  
Section 2 Infringement of rights (Article 100 to Article 106)  
Section 3 Patent Fees (Article 107 to Article 112 -3) 
Chapter V Opposition to a granted patent (Article 113 to Article 120 -8) 
Chapter VI Trials and Appeals (Article 121 to Article 170)  
Chapter VII Retrial (Article 171 to Article 177)  
Chapter VIII Litigation (Article 178 to Article 184 -2) 
Chapter IX Special Provisions Concerning International Applications under the 
Patent Cooperation Treaty (Article 184 -3 to Article 184 -20) この特許 法の翻訳は 、令和5年法律第 51号（令和6年1月1日施行）について作
成したものです。  
この法令の翻訳は公定訳ではありません。 法的効力を有するのは日本語の法令自体
であり、翻訳はあくまでその理解を助けるための参考資料です。この翻訳の利用に伴
って発生した問題について、一切の責任を負いかねますので、法律上の問題に関して
は、官報に掲載された日本語の法令を参照してください。  
 
  This English translation of the Patent  Act has been prepared (up to the 
revisions of Act No. 51 of 20 23 (Effective January  1, 2024)). 
  This is an unofficial translation. Only the original Japanese texts of laws and 
regulations have legal effect, and the translations are to be used solely as 
reference material to aid in the understanding of Japanese laws and regulations.  
  The Government of Japan shall not be responsible for the accuracy, reliability 
or currency of the legislative material provided in this Website, or for any 
consequence resulting from use of the information in this Website. For all 
purposes of interpreting and applying law to any legal issue or dispute, users 
should consult the original Japanese texts published in the Official Gazette.  
  Chapter X Miscellaneous Provisions (Article 185 to Article 195 -4) 
Chapter XI Penal Provisions (Article 196 to Article 204)  
Supplementary Provisions  
Chapter I General Provisions (Article 1 to Artic le 28)  
 
 
(Purpose)  
Article 1 The purpose of this Act is  to encourage inventions  through promoting the 
protection and utilization of inventions, and thereby contribute to the 
development of industry.  
 
(Definitions)  
Article 2  (1) The term  "invention"  as used  in this Act means a highly advanced 
creation of technical ideas utilizing the laws of nature.  
(2) The term "patented  invention " as used  in this Act means an invention for which 
a patent has been granted.  
(3) The term "work" as used  in thi s Act  in respect  of an invention means the 
following actions: 
(i) If the invention of a product (including a computer program, etc .; the same 
applies  hereinafter), the producing, using, transferring , etc. it (meaning 
transferring it or  lending it out,  and this includes providing i t through a 
telecommunications line if it  is a computer program, etc. ; the same applies  
hereinafter), exporting or importing  it, or offering to transfer , etc. it (this 
includ es displaying it for the purpose of transferring , etc.it; the same applies  
hereinafter) ;  
(ii) if the invention is a process, using it; and  
(iii) if the invention of a process for producing a product, beyond  the action 
provided in the preceding item, acts of using, transferring , etc., exporting or 
importing, or offering to transfer , etc. it, beyond what is provided  for in the 
proce eding item . 
(4) A "computer program, etc ." in this Act means a computer program  (meaning a 
set of instructions given to a computer which work  to produce a specific result ; 
hereinafter the same applies  in this paragraph) and any other information that is 
to be processed by a computer equivalent to a computer program.  
 
(Calculation of Time Periods ) 
Article 3  (1) The calculation of time period  under this Act or under an  order that 
is based on  this Act is as under  the following provisions : 
(i) the first day of the period is not included in the calculation; provided, however, 
that this does not apply if the period of time commences at twelve midnight;  
(ii) if the period is indicated by months or years, the months or years refer to  calendar months or calendar years , and if  the period is not calculated from the 
beginning of a month or a year, the period expire s on the day preceding the day 
corresponding to the first day of the calculation in the final  month or year; 
provided, however, that if there is no corresponding day in  the final  month, the 
period expire s on the last day of the final  month.  
(2) If the last day of the prescribed period for filing a patent application and a 
request or demand, or for other  procedures relating to a patent (hereinafter 
referred to as "procedures ") is any of the days provided for in Article 1 , paragraph  
(1) of the Act on Holidays of Administrative Organs (Act No. 91 of 1988), the day 
following that day is the last day of the p eriod.  
 
(Extension of Time Limits)  
Article 4 The Commissioner of the Japan  Patent Office may extend the period 
provided for in Article  46-2, paragraph (1), item (iii), Article 108, paragraph (1), 
Article 121, paragraph (1), and Article 173, paragraph (1) for a person in a remote 
area or an area with transportation difficulty , upon request or  by the 
commissioner's own authority . 
 
Article 5  (1) If the Commissioner of the Japan  Patent Office, a chief administrative 
judge, or a trial or appeal  examiner has de signated a period  by which procedures 
are to be undertaken pursuant to  this Act, the official may extend the time limit , 
upon request or by the official 's own authority . 
(2) If a chief administrative judge has designated a specific date pursuant to  this 
Act, the judge  may change the date, upon request or by the judge's  own authority . 
(3) The extension of the period of time  under paragraph (1) ( limited to the period of 
time provided by Order of the Ministry of Economy, Trade and Industry) may be 
requested even after the passage of th at period,  but not later than the period  
provided by Order of the Ministry of Economy, Trade and Industry.  
 
(Capacity of Associations Which Are Not Corporations to Undertake Procedures)  
Article 6  (1) An association or foundation which is not a corporation  but for which 
a representative or an administrator has been designated may, in its name:  
(i) request  the examination of an application;  
(ii) file an opposition to a granted patent;  
(iii) request a  trial for patent  invalidation  or a trial for invalidation of 
registration of a patent term extension; and  
(iv) request a retrial pursuant to  Article 171 , paragraph (1), following  a final and 
binding decision in a trial for patent  invalidation or a trial for invalidation of 
registration of a patent term extension  
(2) An association or foundation which is not a corporation but for which a 
representative or an administrator has been designated may be named as a  petitioner in a request for a retrial  against a final and binding decision in a  trial 
for patent invalidation  or a trial  for invalidation of registration of patent term 
extension.  
 
(Capacity of a Minor or Adult Ward to Undertake a Procedure)  
Article 7  (1) A Minor  or adult ward  may not undertake a procedure if this is done  
through a statutory agent ; provided, however, that this does  not apply in the case 
of a minor who is capable of independently performing a juridical  act. 
(2) A person under curatorship  must have the consent of  the curator in order to 
undertake a procedure.  
(3) If there is a supervisor of guardian,  the statutory agent must have that  the 
supervisor' s consent in order to undertake  a procedure.  
(4) If a person under curatorship or a statutory agent files an opposit ion to a 
granted patent concerning the person 's patent right or an adverse party files a 
request for a trial, appeal, or retrial involving the person under curatorship or 
the statutory agent, the preceding two paragraphs do not apply.  
 
(Patent Administrators  for Overseas  Residents ) 
Article 8  (1) Unless otherwise provided for by Cabinet Order, ,a person not 
domiciled or resident in Japan  (or, without  a business office  in Japan , if it is a 
corporation)  (hereinafter referred to as an "overseas resid ent") may only 
undertake a procedures or file an  action objecting to a disposition reached  by an 
administrative agency pursuant to  the provisions of this Act or an order that is 
based on  this Act, through a representative domiciled or resident in Japan  that 
acts as the person' s agent  in respect of the patent (hereinafter referred to as a 
"patent administrator "). 
(2) The patent administrator represent s the principal in all procedures and 
litigation objecting to dispositions reached  by an administrative agenc y pursuant 
to the provisions of this Act or an order that is based on  this Act; provided, 
however, that this does  not apply if the overseas resident limits the scope of 
authority of agency  of the patent administrator.  
 
(Scope of Authority  of Agency ) 
Article 9 An agent of a person domiciled or resident in Japan (in the case of a 
corporation , with a business office  in Japan ) and that is undertaking a procedure 
may not, unless expressly so authorized , convert, waive or withdraw a patent 
application, with draw an application for registration of extension of the duration 
of a patent right, withdraw a request, application or motion, make or withdraw a 
priority claim under Article 41 , paragraph  (1), file a patent application based on a 
registration of a utilit y model in accordance with Article 46 -2, paragraph  (1), file 
a request for publication  of an application, file a request for an appeal against a  rejection , waive a patent right or appoint a subagent.  
 
Article 10 Deleted  
 
(Non-Extinguishment  of Authority  of Agency ) 
Article 11 The authority of an agent appointed by mandate of a person undertaking 
procedures does  not extinguish  upon the death of the principal, or in the case of a 
corporation , merger of the principal, termination of entrust ed duties of a truste e 
that is the principal, the death of the statutory agent  or change or extinction of the 
statutory agent 's authority.  
 
(Individual  Representation  by Agent s) 
Article 12 If there are two or more agent s acting for a person that undertakes 
procedures, each of the agents  may represent the principal before the Japan  Patent 
Office.  
 
(Replacement of Agent s) 
Article 13  (1) If the Commissioner of the  Japan  Patent Office or the chief 
administrative judge finds that a person undertaking procedures is not competent 
to undertak e the procedures, the commissioner or judge  may order the person to 
undertake the procedures through an agent . 
(2) If the Commissioner of the Japan  Patent Office or a chief administrative patent 
judge finds that an agent acting for a person undertaking procedures is not 
competent to undertak e the procedures, the commissioner or judge  may order 
that the agent  be replaced.  
(3) In the case of the preceding two paragraphs, the Commissioner of the Japan  
Patent Office or the  chief administrative judge may order that a patent attorney 
be made the agent . 
(4) After t he Commissioner of the Japan Patent Office or the chief administrative 
judge issues an order under paragraph (1) or (2), the commissioner or judge may 
dismiss the procedures before the Japan Patent Office undertaken by the person 
undertaking procedures referred to in  paragraph (1) or the agent referred to in  
paragraph (2).  
 
(Mutual Representation  of Multiple Parties ) 
Article 14 If two or more persons are jointly undertak e a procedure, each of them 
acts as  the agent of all of them  with respect to procedures other than the 
conversion, waiver and withdrawal of a patent application, the withdrawal of an 
application to register a patent term  extension, the withdrawal of a request, 
demand, application, or motion, the assertion or  withdrawal of a priority claim as 
referred to in  Article 41 , paragraph  (1), a request for publication  of an  application, and the request for an appe al against a rejection ; provided, however, 
that this does  not apply if the persons have appointed a representative for all of 
them and have notified the  Japan  Patent Office accordingly.  
 
(Jurisdiction Over Overseas Residents ) 
Article 15 Regarding a patent right or other right under a  patent of an overseas 
resident, the domicile or residence of the overseas resident's  patent 
administrator, or if there is no patent administrator, the address of the Japan  
Patent Office , is deemed to be the location of the property under Article 5 , item  
(iv) of the Code of Civil Procedure (Act No. 109 of 1996).  
 
(Ratification of Acts of a Person Lacking Legal Capacity  to Undertake 
Procedures ) 
Article 16  (1) A procedure  undertaken by a minor (excludi ng one with the  legal 
capacity to conduct juridical acts independently) or an adult ward may be ratified 
by the person's  statutory agent (or by the adult ward, if the person later acquires 
the legal capacity to undertake procedures).  
(2) A procedure  undert aken by a person with no authority to present the principal 
may be ratified by the principal with the  legal capacity to undertake procedures 
or the principal's  statutory agent . 
(3) A person  under curatorship may have a procedure that has been  undertaken by  
a person under curatorship without the consent of the curator ratified by gaining  
the approval of the curator.  
(4) If there is a guardianship supervisor, a statutory agent that grains the  approval 
of the guardianship supervisor or a principal who acquires the legal capacity to 
undertake procedures may ratif y a procedure that has been undertaken by the 
statutory agent without the consent of the guardianship  supervisor . 
 
(Amendment of Proceedings)  
Article 17  (1) A person undertaking a procedure may make an amendment  only 
while the case is pending  before the Japan  Patent Office ; provided, however, that 
the person may not amend the description, claims, drawings,  or abstract attached 
to the written application, a document prescribed in Article 41 , parag raph (4) or 
Article 43 , paragraph (1) (including if applied  mutatis mutandis pursuant to 
Article 43 -2, paragraph (2) ) and including if applied  mutatis mutandis pursuant 
to Article 43 -3, paragraph (3)) and Article 43 -3, paragraph (3)), or the corrected 
description, claims or drawings attached to the written request for correction or 
for a trial for  correction as referred to in  Article 120 -5, paragraph (2) or Article 
134-2, paragraph (1), unless an amendment may be made pursuant to the 
provisions of the following Article through  Article 17 -5. 
(2) Notwithstanding the main clause of the preceding paragraph, an applicant filing  an application  written in a foreign  language  as referred to in Article 36 -2, 
paragraph  (2) may not amend the documents  or abstract  in a foreign language as 
referred to in Article 36 -2, paragraph  (1). 
(3) The Commissioner of the Japan Patent Office may  order  an amend ment to be 
made with respect to  a procedure an adequate , specified period of time, in the 
following cases:  
(i) the procedures do not comply with Article 7 , paragraphs (1) through (3) or 
Article 9;  
(ii) the procedure do es not comply with the formal requirements specified by this 
Act or to an order that is based on this Act ; and  
(iii) the fees relating to the procedure that is to be paid pursuant to  Article 195 , 
paragraphs (1) through (3) has not been paid.  
(4) To amend  procedures (except in the case of the payment of fees), a written 
amendment must  be submitted, except for cases provided for in  Article 17 -2, 
paragraph (2). 
 
(Amendment of the Description, Claims or Drawings Attached to the Written 
Application)  
Article 17 -2 (1) An applicant for a patent may amend the description, claims, or 
drawings attached to the written application, before the delivery  of the certified 
copy of the examiner's  decision notifying that a patent is to be granted; provided, 
however, that foll owing the receipt of a notice provided under Article 50, an 
amendment may only be made in the following cases:  
(i) the applicant receive s the notice (hereinafter referred to in this Article as the 
"notice of grounds for rejection ") under Article 50 (includ ing if applied mutatis 
mutandis pursuant to Article 159 , paragraph  (2) (including if applied mutatis 
mutandis pursuant to Article 174 , paragraph  (2)) and Article 163 , paragraph  
(2); hereinafter the same applies in this paragraph) for first time, and makes 
the amendment within the designated period of time pursuant to Article 50;  
(ii) after  recei ving notice of grounds for rejection, the applicant receive s a notice 
under Article 48 -7 and makes the amendment within the period of time 
specified pursuant to  the Article;  
(iii) after recei ving notice of grounds for rejection, the applicant has receive d 
another  notice of grounds for rejection and makes the amendment within the 
period of time specified pursuant to  Article 50 for the most recently received 
notice  of grounds for rejection; and  
(iv) the applicant files an appeal  against a  rejection  and makes the amendment at 
the same time as the appeal . 
(2) If an applicant of an application written in a foreign language provided in 
Article 36 -2, paragraph (2) amends  a description, claims or drawings pursuant to 
the preceding paragraph for the purpose of correcting a mistranslation, the  applicant must submit a mistranslation of correction form that gives the, reasons 
for the correction.  
(3) Exc luding the description , claims or drawings are being amended pursuant to 
paragraph (1) through the submission of a mistranslation  correction form , the 
amendment of must  remain within the scope of the matters indicated in the 
description , claims or drawings originally attached to the written application (in 
the case of a n application written  in a foreign language under Article 36 -2, 
paragraph  (2), the translation of foreign -language  documents provided in Article 
36-2, paragraph  (2) that is deemed to constitute the description , clai ms and 
drawings pursuant to Article 36 -2, paragraph  (8) (if the description , claims or 
drawings has been amended  through the submission of a mistranslation 
correction form matters indicated  in the translation or  in the amended 
description , claims and drawings) ; the same applies in Article 34 -2, paragraph (1) 
and Article 34-3, paragraph (1)). 
(4) If an amendment other than what is provided for in the preceding paragraph  is 
made to a claim , in a cases set forth  in one of the items of paragraph (1), it mu st 
be made in such a way that the invention for which the pre -amendment notice of 
grounds for rejection indicates a judgment as to patentability and the invention 
defined by what is described in the claims after that amendment constitute a 
single group of inventions that satisfies the  Article 37  requirement of unity of 
invention . 
(5) If an amendment other than what is provided for  in the preceding two 
paragraphs  is made to a claim  in the cases of paragraph (1) , items (i), (iii) and (iv) 
(for a  case as set f orth in  item (i) of the paragraph, this is limited to  if the 
applicant has received a notice under Article 50 -2 along with the notice of 
grounds for rejection), the amendment of the claims is limited to that which is 
done for one of the  following purposes:  
(i) the deletion of a claim provided for in Article 36 , paragraph (5); 
(ii) restriction of the claims (limited to if the restriction is to restrict matters 
required to identify the invention stated in a claim pursuant to  Article 36 , 
paragraph (5), and the industrial applicability and the problem to be solved by 
the invention stated in a claim prior to the amendment are identical to those 
after the amendment ); 
(iii) the correction of errors; and  
(iv) the clarification of an ambiguous statement (limited to a matters stated as 
grounds for rejection in the notice of grounds for rejection).  
(6) Article 126 , paragraph  (7) appl ies mutatis mutandis to the cases referred to in 
item (ii) of the preceding paragraph.  
 
(Amendment of the A bstract)  
Article 17 -3 An applicant for a patent may amend the abstract attached to the  written application within a period provided by Order of the Ministry of Economy, 
Trade and Industry.  
 
(Amendment of Document of Priority Claim)  
Article 17 -4 A person that claims  priority pursuant to the provisions under Article 
41, paragraph (1) or Article 43, paragraph (1), Article 43 -2, paragraph (1) 
(including when applied mutatis mutandis pursuant to Article 43 -3, paragraph 
(3)), or Article 43 -3, paragraph (1) or (2) may amen d the document prescribed in 
Article 41, paragraph (4) or Article 43, paragraph (1) (including when applied 
mutatis mutandis pursuant to Article 43 -2, paragraph (2) (including when 
applied mutatis mutandis pursuant to Article 43 -3, paragraph (3)) and Artic le 43 -
3, paragraph (3))only within a period provided by Order of the Ministry of 
Economy, Trade and Industry.  
 
(Amendment of Corrected Descriptions , Claims or Drawings)  
Article 17 -5 A patentee may amend a corrected description , claims or drawings 
attached to the written request for correction pursuant to  Article 120 -5, 
paragraph  (2) only within the period of time designated pursuant to  Article 120 -5, 
paragraph  (1) or (6 ). 
(2) The respondent  in a trial for patent  invalidation may  amend the corrected  
description , claims or drawings attached to the written request for correction as 
referred to in Article 134 -2, paragraph  (1) only within the period of time 
designated pursuant to Article 134 , paragraph  (1) or paragraph  (2), Article 134-2, 
paragraph  (5), Article 134-3, Article 153, paragraph  (2), or Article 164-2, 
paragraph  (2). 
(3) The petitioner  in a trial for correction may amend the corrected description, 
claims or drawings attached to the written request for a trial for correction, only 
prior to the notice under Article 156 , paragraph (1) (or, if the proceedings are 
reopened as under Article 156 , paragraph (3), prior to the notice under Article 
156, paragraph (1) following this ). 
 
(Dismissal of Procedures ) 
Article 18  (1) The Commissioner of the Japan  Patent Office may dismiss the 
procedures if a person ordered to make an amendment to the procedures 
pursuant to  Article 17 , paragraph  (3) fails to make the amendment within the 
period of  time the commissioner has specified pursuant to  those provision s, or if 
the person obtaining the registration establishing a patent right fails to pay 
patent fees within the period of  time provided for in  Article 108 , paragraph  (1). 
(2) The Commissioner of the Japan  Patent Office may dismiss a patent application 
if the patent applicant to which the commissioner has issued an order pursuant 
to Article 17 , paragraph  (3) to pay a patent fees under  Article 195 , paragraph  (3)  fails to pay the patent fees within the period of  time the commissioner has 
specified pursuant to  Article 17 , paragraph  (3). 
 
(Dismissal of Non-Compliant P rocedure ) 
Article 18 -2 (1) The Commissioner of the Japan  Patent Office is to dismiss a 
procedure that is not compliant  and not amendable; provided, however, that this 
does  not apply if the procedure falls under a ny of the items of Article 38 -2, 
paragraph  (1). 
(2) If the Commissioner of the Japan  Patent Office intends to dismiss a procedure 
under the preceding paragraph, the commissioner must  notify the person 
undert aking  the procedure of the grounds  therefor and give the person an 
opportunity to submit a document stating an explanation (hereinafter referred to 
as a "written  explanation ") within  an adequate specified period of time.  
 
(Effective Time of Submission  of Written A pplication ) 
Article 19 An application, a document or any other item submitted by mail or by 
service of correspondence delivery as provided  Article 2(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 service provider  as provided in 
Article 2(6) of the said Act or by a specified correspondence  delivery service 
provider  as provided in Article 2(9) of the said Act  (hereinafter referred to as 
correspondence delivery ) that is prescribed by  Ordinance of the Ministry of 
Economy, Trade and Industry  to the Patent Office under this Act , or any order 
rendered under this Act, that is subject t o a time limit, shall be deemed to have 
arrived  at the Patent Office at the date and time when such application  or item 
is presented  to a business  office of Japan Post  Co., Ltd. (limited to those that 
conduct postal services)  if such  date and time  are proven by the receipt of the 
postal item , at the date and time of the date stamp on the postal item or  the 
letter item as provided in Article 2(3) of the Correspondence Delivery Act 
(hereinafter referred to as  the letter  item in this Art icle) if such date and time 
are clearly legible, or at noon of the day of the date stamp on the postal item or 
letter item  if only the day, but not the time, of the date stamp is clearly legible.  
 
(Succession of Effects  of Procedures ) 
Article 20 The effects of the procedures involving  a patent right or any right 
relating to a patent extend to a successor in title.  
 
(Continuation of Procedures ) 
Article 21 Whe n a patent right or any right under  a patent is transferred while the 
case invol ving is pending with  the Japan  Patent Office, the Commissioner of the  Japan  Patent Office or a chief administrative judge may continue  the proceed ings 
in that case with  successor in title to the patent right or other right under the 
patent . 
 
(Continuance or Suspension of Procedures ) 
Article 22  (1) If a motion to substitute a party in proceedings that have become 
subject to a continuance following  the service  of a certified copy of a ruling, 
examiner's  decision or decision on a trial or appeal  the Commission er of the 
Japan  Patent Office or the administrative judge s must rule  on whether to permit 
the substitution . 
(2) The ruling as referred to in the preceding paragraph must  be issued  in writing 
and the reason s for that ruling must be given . 
 
Article 23 (1) If the person that should undertake to substitute as the party to  
examination, proceedings , ruling on an opposition to a grant ed patent, or a trial 
and appeal  or re trial and re -appeal  that have become subject  to a continuance 
fails to do so, the Commissioner of the Japan Patent Office or the administrative 
judge s must  order the person to substitute as a party  within an adequate 
specified period of time , upon a motion or by the commissioner's or judges' own 
authority.  
(2) If the party is not  substituted within the period of time  that the Commissioner 
of the Japan Patent Office or the administrative judge  specifies pursuant to  the 
preceding paragraph, the commissioner or the judge may deem the party to be 
substituted on the date on which the period of time e lapse s. 
(3) If a party is deemed to have been substituted pursuant to  the preceding 
paragraph, the Commissioner of the Japan Patent Office or the chief 
administrative judge must  notify the parties thereof.  
 
Article 24  The provisions of  Article 124 of the Code of Civil Procedure  and Articles  
(excluding paragraph (1) , item (vi)), Articles 126 through  127, Article 128, 
paragraph (1), Articles 130 and 131, and Article 132, paragraph (2) (effect of 
continuances and suspensions of litigation proceedings ) of that Code apply 
mutatis mutandis to a procedure for an examination, for proceedings and a ruling 
on an opposition to  a grant ed patent, or for a trial and appeal,  or re trial and re -
appeal . In this case, the term " litigation representative " in Article 124 , paragraph  
(2) of the Code is deemed to be replaced with " representative  entrusted with the 
examination, or proceedings and a ruling on an opposition to a grant ed patent, or 
a trial and appeal,  or re trial and re -appeal ", the term "court" in Article 127 of the 
Code is deemed to be replaced with " Commissioner of the Japan  Patent Office or 
a chief administrative judge", the term "court" in Article 128 , paragraph (1) and 
Article 131 of the Code is deemed to be replaced with " Commissioner of the Japan  Patent Office or the administrative judge s", and the term "court" in Article 130 of 
the Code is deemed to be replaced with " Japan  Patent Office".  
 
(Enjoyment of Rights  by Foreign Nationals ) 
Article 25 A foreign national not domiciled or resident in Japan  (or it is a 
corporation, with out a busines s office in Japan ) may not enjoy a patent nor 
right s or other rights under  a patent, except in the following items : 
(i) the country of the foreign national allows Japanese nationals the enjoy ment  
of a patent right or other rights relating to a patent based  on the same 
conditions as for its own nationals;  
(ii) If the country of the foreign national has decided to allow  Japanese 
nationals the enjoy ment  of patent right s or other rights under patent s based 
on the same conditions as for its own nationals so long as  Japan allows 
nationals of that country the enjoy ment  of patent right s or other right s 
under  paten ts; or 
(iii) when otherwise  provided by a treaty.  
 
(Effect of Treaties ) 
Article 26 If specific provisio ns on patent s are established  by treaty, those  
provisions prevail.  
 
(Registration in the Patent Register ) 
Article 27  (1) The following matters are registered in the patent register  
maintained in the  Japan  Patent Office:  
(i) the establishment  of a patent right , extension of its term , its transfer, 
modification under a  trust, forfeiture , restoration and restriction s on its 
dispos al; 
(ii) the establishment  of an exclusive license,  its preservation , transfer, 
modification, forfeiture and  restrict ions on its disposal;  
(iii) the establishment of a pledge on a patent right or exclusive license , the 
transfer  of such a pledge , its modification,  forfeiture  and restriction s its 
dispos al; and  
(iv) the establishment  of a provisional exclusive license,  its preservation , transfer, 
modification, forfeiture  and restriction on its disposal.  
(2) The patent register  may be prepared, in whole or in part, on a magnetic tape 
(including  any other storage media using a similar method that is able to record 
and reliably  store certain matters ; the same applies  hereinafter).  
(3) Beyond what is  prescribed in this Act, the necessary matters as regards  
registration are prescribed by Cabinet Order.  
 
(Issuance of a Patent Certificate)   Article 28 (1) The Commissioner of the Japan  Patent Office issues a patent 
certificate to the patentee when the establishment of a patent right is registered, 
and issues the same if the transfer of a patent right is registered based on a 
request under Arti cle 74, paragraph (1), or if a ruling or a decision on a trial or 
appeal to correct the description, claims or drawings attached to the written 
application becomes final and binding, is registered.  
(2) The r e-issuance of the patent certificate is prescribe d by Ord er of the Ministry of 
Economy, Trade and Industry.  
 
Chapter II Patents and Patent Applications (Article 29 to Article 46 -2) 
 
(Conditions for Patentability)  
Article 29  (1) A person that  invents  an invention with  industrial applicab ility 
may obtain a patent for that invention, unless  the invention is as  follow s: 
(i) an invention  that is public know ledge  with in Japan or  in a foreign country 
prior to the filing of the patent application;  
(ii) an invention  that is publicly known to be worked with in Japan or  in a foreign 
country prior to the filing of the patent application; or  
(iii) an invention  that is described in a distrib uted publication or made available 
for public use over telecommunication s lines with in Japan or  in a foreign 
country prior to the filing of the patent application.  
(2) A person may not obtain a patent if  prior to the filing of the patent application, 
a per son of ordinary skill  in the art of the invention would have easily been able 
to make that invention based on an invention prescribed in one of the items of the 
preceding paragraph, notwithstanding the preceding paragraph.  
 
Article 29 -2 Notwithstanding Article 29 , paragraph  (1), a person may not be 
obtained a patent if  an invention in a patent application is identical to an 
invention or device described  in the description, patent claims,  utility model 
claims,  or drawings (or, for applicatio n written in a foreign  language  as referred 
to in  Article 36 -2, paragraph (2) the  foreign -language  documents as referred to  in 
Article 36 -2, paragraph  (1))which  originally attached to the written application 
for another patent application or utility model registration , filed prior to the date 
the relevant  patent application is filed, with regard to which an issue of the 
patent gazette giving the particulars set forth in the items of  Article 66 , 
paragraph  (3) of the Patent Act (hereinafter referred to as the "gazette which  the 
patent  appears "),is publishes pursuant to Article 66 paragraph(3), ,the 
application is published,  or an issue of  the utility model bulletin giving the 
particulars set forth in the items of  Article 14 , paragraph  (3) of the Utility Model 
Act (Act No. 123 of 1959) (hereinafter referred to as "bulletin  in which the utility 
model  appears ") is published pursuant to Article 14, paragraph (3) of that Act   subsequent to the filing of the relevant application  (this excludes any invention 
or device whose inventor is the same as the inventor of the invention in the 
relevant patent  application); provided, however, that this does not apply if, at 
the time a patent application is filed, the person filing that patent application 
and the person  filing the other application for patent or for utility model 
registration are the same person.  
 
(Exception to the L ack of Novelty of Invention)  
Article 30 In applying Article 29 , paragraph  (1) and (2) to an invention in a patent 
application that a person with the right to  obtain a patent files within one year  
from the date  on which the invention , contrary to that person 's intention comes to 
fall under one of the items of  Article 29 , paragraphs  (1), the intention  is deemed 
not to fall under any of those  items.  
(2) The preceding paragraph also applies with respect to the of application of 
Article 29 , paragraphs  (1) and (2)  to invention in a patent application that person 
with the right to obtain a patent files within one year  after the date on which the 
invention , through that person 's actions,  comes to fall under one of the items of 
Article 29 , paragraph  (1) (excluding an invention  which ha s come to fall under 
any of the items of Article 29 , paragraph  (1) due to  being contained in a gazette 
relating to an invention, utility model, design or trademark).  
(3) Any person seeking to have the preceding paragraph applied must submit a 
document stating  that fact  to the Commissioner of the Japan Patent Office when  
filing the patent application, and, must submit to t he commissioner a document 
evidencing that the invention that come to fall  under  one of the items of Article 
29, paragraph  (1) is an invention to which the preceding paragraph is applicable 
(referred to as a " proving document " in the following paragraph) , within  thirty 
days  after the date of filing of the patent application.  
(4) If a person that is to submit  a proving document prescribed in  the preceding 
paragraph  is unable to submit  the proving document  within the period provided 
in the paragraph due to re asons beyond the  person's  control, the person  may 
submit  the proving document to the Commissioner of the Japan  Patent Office 
within 14 days ( if the person is an  overseas resident, within two months) from the 
date on which the reasons ceased to be applicabl e, but not later than six months 
following the passage of the period, notwithstanding the preceding paragraph . 
 
Article 31 Deleted  
 
(Unpatentable Inventions ) 
Article 32 An invention that is likely  to disrupt  public order, corrupt public morals  
or harm public health may not be patented , notwithstanding Article 29 . 
  (Right to the Grant of a P atent ) 
Article 33  (1) The right to the grant of  a patent may be transferred.  
(2) The right to the grant of  a patent may not be pledge d. 
(3) Whe n the right to the grant of  a patent is co-owned, no co-owner may transfer 
the co -owner's  respective share without the consent of all the other co-owners.  
(4) Whe n the right to the grant of  a patent is co-owned, no co-owner may establish  a 
provisional exclusive license or grant a provisional non -exclusive license on the 
patent right to be obtained based on the right to the grant of  a patent without the 
consent of all the other co-owners.  
 
Article 34  (1) Succession to a right to the grant of  a patent prior to the filing of a 
patent application may not be asserted against  any third party unless the 
successor in title files the patent application.  
(2) If two or more patent applications are filed on the same date based on the right 
to the grant of a  patent based on succession fr om the same person, succession by 
a person other than one selected by consultations between the applicants may not 
be asserted against a third party.  
(3) The preceding paragraph applies if applications for a patent or for the  
registration of a utility mode l are filed on the same date based on the right to the 
grant of  a patent or the right to the grant of  a utility model registration for the 
same invention or device based on succession from the same person.  
(4) No succession to a right to the grant of  a pat ent after the filing of the patent 
application is effective  unless the Commissioner of the Japan  Patent Office  is 
notified , except in the case of general successions including inheritance.  
(5) If an inheritance or other  general succession to the right to the grant of  a patent 
occurs, the successor in title must  notify the Commissioner of the  Japan  Patent 
Office thereof without delay.  
(6) If two or more notifications are filed  on the same date regarding successions the 
right to the grant of  a patent based on  succession from the same person, no 
notification by a person other than the person selected by consultations between 
the persons submitting the notifications has effect.  
(7) Article  39, paragraphs (6) and (7) apply mutatis mutandis to the cases 
prescribed  in paragraphs (2), (3) and (6).  
 
(Provisional Exclusive License s) 
Article 34 -2 (1) A person that has the right to the grant of  a patent may establish  a 
provisional exclusive license with regard to  the patent right to be obtained based 
on the right to the grant of  a patent within the scope of the matters indicated  in 
the description, claims or drawings originally attached to the  written  application.  
(2) If a patent right is registered in connection  with a patent application to  which  a 
provisional exclusive license  is linked , an exclusive license to the patent is   deemed to be established  for the  patent right within  the scope  specified  by the act 
of establishing  the provisional exclusive license.  
(3) A provisional exclusive license may be transferred only if the business involving 
the working of the invention under  the patent application is also transferred, the 
consent of a person with the right to the grant of  a patent or as a result of general 
succession including inheritance.  
(4) A provisional exclusive licensee may only grant a provisional non -exclusive 
license under the  exclusive license to be obtained based on the provisional 
exclusive license to a third pa rty only if the consent of a person that has the right 
to the grant of  a patent is obtained.  
(5) If a patent application to  which  a provisional exclusive license is linked is 
divided pursuant to Article 44 , paragraph  (1), the provisional exclusive license is 
deemed to have been established  with regard to the patent right to be obtained 
based on the right to the grant of  a patent to which a new patent application 
resulting from  the division of the patent application to the extent permitted by 
the act establi shing  the provisional exclusive license; provided, however, that this 
does  not apply when  otherwise provided by the act of establishment . 
(6) A provisional exclusive license is forfeited  if the patent right is registered  in 
connection with  the patent application , if the patent application is waiv ed, 
withdrawn or dismissed , or when the e xaminer's  decision or decision on a trial or 
appeal rejecting the patent application becomes  final and binding . 
(7) If there is a provisional non -exclusive licensee under paragraph (4) or in the 
main clause of paragraph (7) of the following Article, the provisional exclusive 
licensee may waive the provisional exclusive license only if the consent of the 
provisional non -exclusive licensee is obtained.  
(8) Article 33 , paragraphs  (2) through  (4) apply mutatis mutandis to a provisional 
exclusive license.  
 
(Provisional Non-exclusive License s) 
Article 34 -3 (1) A person that has the right to the grant of  a patent may grant 
anothe r party a provisional non -exclusive license to the patent right is to be 
obtained based on the right to the grant of  a patent within the scope of the 
matters indicated  in the description, claims or drawings originally attached to the 
written  patent applica tion.  
(2) If the establishment of a patent right has been registered with regard to a 
patent application to  which  a provisional non -exclusive license under  the 
preceding paragraph  is linked , a non -exclusive license to the patent is  deemed to 
be granted for the patent right to a person that has the provisional non -exclusive 
license to the extent permitted by the act establishing  the provisional non -
exclusive license.  
(3) If an exclusive license is deemed to have been established  with regard to a  provisional exclusive license in respect of  a provisional non -exclusive license 
under Article 34-2, paragraph  (4) pursuant to Article 34-2, paragraph  (2), with 
regard  to the exclusive license , the non -exclusive license is deemed to have been 
granted to a person that has the provisional non -exclusive license to the extent 
permitted by the act establishing  the provisional non -exclusive license.  
(4) A provisional non -exclusive license may be transferred only if the business 
involving the working of invention under  the patent application is also 
transferred, the consent of a person that has the right to the grant of  a patent (in 
the case of  a provisional non -exclusive license on the exclusive license to be 
obtained based on the  provisional exclusive license, a person that has the right to 
the grant of  a patent and a provisional exclusive licensee) is obtained, or the 
transfer occurs as a result of general succession including inheritance.  
(5) If a priority claim under Article 41 , paragraph  (1) is made based on the 
invention described in the description  , claims or drawings ( if the earlier 
application is an application written in a foreign language under Article 36 -2, 
paragraph  (2), foreign -language  documents provided in Article 3 6-2, paragraph  
(1)) originally attached to the written application for the earlier application as 
referred to in Article 41 , paragraph  (1) to  which  a provisional non -exclusive 
license under paragraph (1) or Article 34 -2, paragraph  (4), or Article 4 -2, 
para graph  (1) of the Utility Model Act  is linked , the provisional non -exclusive 
license is deemed to have been granted to a person that has the provisional non -
exclusive license on the patent right to be obtained based on the right to the 
grant of  a patent pertaining to the patent application containing the priority 
claim to the extent permitted by the act establishing  the provisional non -
exclusive license; provided, however, that this does  not apply when  otherwise 
provided by the act of establishment . 
(6) If a patent application to  which  a provisional non -exclusive license is linked is 
divided pursuant to Article 44 , paragraph  (1), a prov isional non -exclusive license 
is deemed to have been granted to a person that has the provisional non -exclusive 
license for the patent right to be obtained based on the right to the grant of  a 
patent under  a new patent application resulting from  the divisi on of the patent 
application to the extent permitted by the act establishing  the provisional non -
exclusive license; provided, however, that this does  not apply when otherwise 
provided by the act of establishment . 
(7) If the provisional exclusive license to a patent right that is to be obtained based 
on the right to  the grant of  a patent to  which  a new patent application as 
provided in Article  34-2, paragraph (5) pertains  (hereinafter in this paragraph 
referred to as the "provisional exclusive license linked  to the new patent 
application ") is deemed to have been established  pursuant to the main clause of 
Article 34 -2, paragraph  (5), a person with a provisional non -exclusive license 
under  the exclusive license that was  to be obtained based on the provisional  exclusive license to the patent that was  to be obtained based on the right to the 
grant of the  patent to which the original patent application with which that  new 
patent application is connected pertains is  deemed to have been granted,  a 
provisional non -exclusive license under  the provisional exclusive license linked  to 
the new patent application , within  the extent permitted by the act establishing  
the provisional non -exclusive license ; provided, however, that this does  not apply 
if otherwise specified  by the act of establishment . 
(8) If an application is converted pursuant to Article 46 , paragraph  (1) with regard 
to an application for utility model registration to  which  a provisional non -
exclusive license under Article 4 -2, paragraph  (1) of th e Utility Model Act  is 
linked , the provisional non -exclusive license is deemed to have been granted to a 
person that has the provisional non -exclusive license on a patent right to be 
obtained based on the right to the grant of  a patent to which the patent 
application resulting from  the conversion of the application to the extent 
permitted by the act establishing  the provisional non -exclusive license; provided, 
however, that this does  not apply when otherwise provided by the act of 
establishment . 
(9) If an application is converted pursuant to Article 46 , paragraph  (2) with regard 
to an application for design registration to  which  a provisional non -exclusive 
license under Article 5 -2, paragraph  (1) of the Design Act (Act No.125 of 1959 )is 
linked , the provision al non -exclusive license is deemed to have been granted to a 
person that has the provisional non -exclusive license with regard to a patent 
right to be obtained based on the right to the grant of  a patent to which  the 
patent application resulting from  the c onversion of the application to the extent 
permitted by the act establishing  the provisional non -exclusive license; provided, 
however, that this does  not apply when otherwise provided by the act of 
establishment . 
(10) A provisional non -exclusive license is forfeited  when the establishment of a 
patent right has been registered, the patent application has been waiv ed, 
withdrawn or declined, or an examiner's  decision or decision on a trial or appeal 
rejecting  the pate nt application becomes  final and binding . 
(11) Beyond  the case provided for in the preceding paragraph, the provisional non -
exclusive license under Article 34 -2, paragraph  (4) or the main clause of 
paragraph (7) is forfeited  when  the provisional exclusive license is forfeited . 
(12) Article 33 , paragraphs  (2) and (3) apply mutatis mutandis to a provisional non -
exclusive license.  
 
(Effect of Registration ) 
Article 34 -4 (1) The establishment , transfer ( excluding  a transfer arising from 
general succession includ ing inheritance), amendment, forfeiture (other than due 
to merger or under Article 34 -2, paragraph  (6)) or a restriction of disposition of a  provisional exclusive license has no effect unless it is registered.  
(2) Matters of general succession including in heritance as referred to in  the 
preceding paragraph take place, must  be notified to the Commissioner of the  
Japan  Patent Office without delay.  
 
(Assertion  of Provisional Non-exclusive License ) 
Article 34 -5 A provisional non -exclusive license has effect on any person that, after 
the grant thereof, has obtained the right to the grant of  a patent pertaining to the 
provisional non -exclusive license , or a provisional exclusive license, or a 
provision al exclusive license on the right to the grant of  a patent pertaining to 
the provisional non -exclusive license.  
 
(Employee  Inventions)  
Article 35  (1) If an employee  or officer (hereinafter referred to as an "employe e, 
etc.")  of an employer, corporation,  or a national or local government (hereinafter 
referred to as an "employer, etc .") has obtained a patent for an invention which, 
by its nature, falls within the scope of the business of the employer, etc. and was 
achieved by an act categorized as a present o r past duty of the employee, etc. 
performed for the employer, etc. (hereinafter referred to as "employee invention "), 
or if a successor to the right to the grant of  a patent for the employee invention 
has obtained a patent therefor, the employer, etc. has  a non -exclusive license on 
the patent right.  
(2) In the case of an invention by an employee, etc . other than an employee 
invention, any provision s in any agreement, employment regulation or any other 
stipulation providing in advance that the right to the g rant of  a patent is 
acquired by the employer, etc., that the patent rights for any invention made by 
an employee, etc. are vested in the employer, etc., or that a provisional exclusive 
license or exclusive license for the invention is established for  the employer, etc., 
is null and void.  
(3) In the case of a n employee invention by an employee, etc.,  when it is prescribed  
in any agreement, employment regulation or any other stipulation  providing in 
advance that the right to the grant of  a patent  for an y employee invention is 
vested in the employer, etc. , the right to the grant of a patent  belongs to the 
employe r, etc.  from its occurrence.  
(4) If an  employee, etc .in accordance with any, employment regulation or any other 
stipulation, vests the right to the grant of  a patent and the patent right for an 
employee invention in the employer, etc., or establishes  an exclusive license 
therefor for the employer, etc., or if an exclusive license is deemed to have been 
established  pursuant to Article 34 -2, paragrap h (2),and if the employee, etc., in 
accordance with any agreement, employment regulation or any other stipulation, 
establishes  a provisional exclusive license therefor for the employer, etc., for an  employee invention, the employee, etc. has the right to r eceive a reasonable 
amount of money or other economic benefits  (referred to as "reasonable benefits " 
in the next paragraph and paragraph (7)).  
(5) If the provisions of a contract , employment regulation or any other stipulation 
establish  for reasonable benefits , providing reasonable benefits  in accordance 
with those  provisions must  not be considered unreasonable in light of 
circumstances in which  a negotiation between the employer, etc. and the 
employee, etc. has taken place in order to set st andards for the determination of 
the reasonable benefits , the set standards have been disclosed, and the opinions 
of the employee, etc. on the determination of the content of the reasonable 
benefits  have been received , and any other relevant circumstances.  
(6) In order to encourage inventions, the Minister of Economy, Trade and Industry 
is to establish guidelines on matters concerning circumstances, etc. to be 
considered under the preceding paragraph and publish them after hearing the 
opinion of the Industr ial Structure Council.  
(7) If there are  no provision s setting forth the reasonable benefits  exists, or if it is 
found pursuant to  paragraph (5)  that the reasonable benefits  to be granted  in 
accordance with the relevant provisions are unreasonable, the cont ent of the 
reasonable benefits to receive  referred to in  paragraph (4) must  be set in 
compensation of the amount of profit to be gained  by the employer, etc. from the 
invention, the burden  and contribution of the employer, etc., and how the 
employer, etc. treat s the employee, etc. and any other circumstances connected 
with  the invention.  
 
(Patent Applications ) 
Article 36  (1) A person seeking  a patent must  submit a written  application to the 
Commissioner of the  Japan  Patent Office stating the following:  
(i) the name and domicile or residence of the applicant for the patent; and  
(ii) the name and domicile or residence of the inventor . 
(2) A description, claims, required drawings , and abstract must  be attached to the 
written application.  
(3) The description referred to  in the preceding paragraph must  state the following:  
(i) the title of the invention;  
(ii) a brief explanation of the drawings;  and 
(iii) a detailed explanation of the invention.  
(4) The statement of the detailed explanation of the invention referred to  in item 
(iii) of the preceding paragraph must  comply with each of the following items:  
(i) as provided by Order of the Ministry of Economy, Trade and Industry, it is 
clear and sufficient to enable a person ordinarily skilled in the art of the 
invention to work the invention; and  
(ii) if the person seek ing the grant of a patent has knowledge of any invention   (meaning an invention  as provided in Article 29 , paragraph  (1), item (iii), 
hereinafter the same applies  in this item) that is connected to person ' s 
invention and that, as of the time the person files the patent application, has 
become a published, publicly -known invention appears and gives the 
whereabouts of other  information on it . 
(5) In claims referred to  in paragraph (2 ), the patent applicant must  state all 
matters that the applicant finds to be  necessary for defining  the invention for 
which the patent  in sought, separately for each claim.  In this case, an inve ntion 
specified by a statement in one claim may be the same invention specified by a 
statement in another claim.  
(6) The statement of the claims referred to  in paragraph (2) must  comply with each 
of the following items:  
(i) the invention for which the patent is sought is stated in the detailed 
explanation of the invention;  
(ii) the invention for which a patent is sought is clear;  
(iii) the statement for each claim is concise; and  
(iv) the statement is composed in accordance with an Order of the Ministry of 
Economy, Trade and Industry.  
(7) The abstract referred to  in paragraph (2) must  summarize  the invention 
described  in the description, claims or drawings, and state any other matters 
specified  by Order of the Ministry of Economy, Trade and Industry.  
 
Article 36 -2 (1) A person seek ing the grant of a patent may, in lieu of the 
description, claims, required drawings and abstract referred to  in paragraph (2) 
of the preceding Article, attach to the written  application a document in a foreign 
language provided by Order of the Ministry of Economy, Trade and Industry, 
stating matters required to be stated in the description or the claims under 
paragraphs (3) through  (6) of the Article, and required  drawings cont aining any 
descriptive text in the foreign language  (hereinafter referred to as a "foreign -
language  document"),  and a document in the foreign language stating matters 
required to be stated in the abstract pursuant to  paragraph (7) of the Article 
(hereinaft er referred to as "foreign -language  abstract "). 
(2) The applicant for a written patent application to which foreign -language  
documents and a foreign -language  abstract are attached pursuant to the 
preceding paragraph (hereinafter referred to as an "application written in a 
foreign  language ") must  submit to the Commissioner of the Japan  Patent Office 
Japanese translations of the foreign -language  documents and the foreign -
language  abstract with in one year and four months from the date of filing of the 
patent application (in the case of a patent application containing a priority claim 
under Article 41 , paragraph  (1), the filing date of the earlier application provided 
for in the paragraph ; in the  case of a patent application containing a priority  claim under Article 43 , paragraph  (1), Article 43-2, paragraph (1) (including when 
applied  mutatis mutandis pursuant to  Article 43 -3, paragraph  (3)), or Article 43-
3, paragraph (1) or (2), the filing date  of the earliest application, the filing date of 
the patent application that is deemed to be the earliest application under Article 
4.C(4) of the Paris Convention ( meaning  the Paris Convention for the Protection 
of Industrial Property of March 20, 1883, as  revised in Brussels on December 14, 
1900, Washington on June 2, 1911, The Hague on November 6, 1925, London on 
June 2, 1934, Lisbon on October 31, 1958, and Stockholm on July 14, 1967 ; the 
same applies  hereinafter ), or the filing date of the  patent applic ation that is 
recognized as the earliest application under Article 4.A(2) of the Paris 
Convention ; and in the case of a patent application containing two or more 
priority claims under Article 41 , paragraph  (1), Article 43, paragraph (1), Article 
43-2, para graph (1) (including when applied  mutatis mutandis pursuant to  
Article 43 -3, paragraph  (3)), or Article 43-3 paragraph (1) or (2), the earliest of 
the filing dates on which the priority claims are based ; the same applies  to Article 
64, paragraph  (1)); provided, however, that if the application written in a foreign  
language is a new patent application arising from the division of a patent 
application under Article 44 , paragraph  (1), or a patent application arising from 
the conversion of an applicat ion under Article 46 , paragraph  (1) or (2), or a patent 
application based on a utility model registration under Article 46 -2, paragraph  
(1), the applicant may submit Japanese translations of the foreign -language  
documents and the foreign -language  abstract even after the lapse of the time 
limit prescribed in the main clause, but only within  two months following the 
division of the patent application, conversion of application , or filing of patent 
application based on a utility model registration.  
(3) When the translation of foreign -language  documents and the foreign - language 
abstract provided in the preceding paragraph has not been submitted within the 
period prescribed  in the main clause of the paragraph  (the time limit prescribed 
in the proviso to  the para graph  if the translation of foreign - language  documents 
and the foreign -language abstract may be submitted pursuant to the proviso to  
the paragraph ; hereinafter the same applies in this Article) , the Commissioner of 
the Japan Patent Office must  notify  the applicant of the application written in a 
foreign  language  thereof.  
(4) A person that has received the notice provided in the preceding paragraph may 
submit the translation of foreign -language documents and the foreign -language 
abstract provided in paragra ph (2) to the Commissioner of the Japan  Patent 
Office only within the time limit provided by Order of the Ministry of Economy, 
Trade and Industry.  
(5) Whe n a translation of foreign -language  documents (excluding drawings) 
provided for in paragraph (2) are not submitted within the period prescribed in  
paragraph (4), the patent application is deemed to have been withdrawn upon  passage of the period prescribed  in the main clause of the paragraph.  
(6) The applicant of a patent application that is deemed to have been withdrawn 
pursuant to the provision s of the preceding paragraph may submit translations of 
the foreign -language  documents and the foreign -language  abstract  under 
paragraph (2) to the Co mmissioner of the Japan Patent Office pursuant to Order 
of the Ministry of Economy, Trade and Industry, only within the period provided 
by Order of the Ministry of Economy, Trade and Industry; provided, however, 
that this does not apply if the applicant is  found to have intentionally failed to 
submit translations prescribed in the preceding paragraph within the time limit 
prescribed in paragraph (4).  
(7) The translation submitted under paragraph (4) or  the preceding paragraph is 
deemed to have been submitted to the Commissioner of the Japan Patent Office 
at the time of passage of the period prescribed in  the main clause of paragraph 
(2). 
(8) The translation s of foreign -language  documents provided in paragraph (2) are 
deemed to be  the description , claims and drawings submitted with the written 
application pursuant to  paragraph (2) of the preceding Article , and the 
translation of the foreign -language  abstract  provided for in paragraph (2) is 
deemed to be the abstract submitted with the written application pursuant to  
paragraph (2) of the preceding Article.  
 
Article 37 Two or more inventions may be the subject of a single patent application 
in the same written application provided that these inventions are of a group of 
inventions recognized as fulfilling the requirements of unity of invention based on 
their t echnical relationship specified by Order of the Ministry of Economy, Trade 
and Industry.  
 
(Joint Applications ) 
Article 38 If the right to the grant  a patent is jointly owned, a patent application 
may only be filed by all the joint owners.  
 
(Certification of Filing Date)  
Article 38 -2 (1) The Commissioner of the Japan  Patent Office must  certify the date 
on which a written  application with regard to a p atent application is submitted as 
the date of the filing of the patent application, except when  the patent application 
falls under any of the following items:  
(i) it is found that the indication of requesting the grant of a patent is not clear;  
(ii) the re is no  statement of the name of the applicant or it is found  that the 
statement  of the name  is not sufficiently clear to specify the applicant; or 
(iii) the description (in an application written in a foreign language, the matters 
to be stated in the des cription are stated in a foreign language provided by  Order of the Ministry of Economy, Trade and Industry referred to in Article 36 -
2, paragraph (1); hereinafter, the same applies in this Article) is not attached to 
the application (except when the patent  application is filed by a method 
prescribed in paragraph (1) of the following Article).  
(2) If the patent application falls under any of the items of the preceding paragraph, 
the Commissioner of the Japan  Patent Office must notify the person requesting 
the grant of a patent to the effect that the patent application may be 
supplemented.  
(3) A person that has received a notice provided under the preceding paragraph 
may supplement the patent application only within the period provided by Order 
of the Ministry  of Economy, Trade and Industry.  
(4) If supplementing a patent application pursuant to the preceding paragraph, a 
document with respect to the supplement (hereinafter referred to as a "written 
supplement") must be submitted in accordance with an Order of t he Ministry of 
Economy, Trade and Industry; provided, however, that if supplementing with 
regard to the description pursuant to the preceding paragraph, the description 
must be submitted at the same time as the submission of the written supplement.  
(5) If supplementing  a patent application pursuant to  paragraph (3), required  
drawings  of Article 36 , paragraph (2) may be submitted at the same time as the 
submission of the written supplement (in the case of a written application  in a 
foreign language , required  drawings  which contain any descriptive text in a 
foreign language provided by Order  of the Ministry of Economy, Trade and 
Industry under Article 36 -2, paragraph (1); hereinafter the same applies  in this 
Article).  
(6) If a patent application has been suppl emented within the period under 
paragraph (3) by a person that has received a notice provided under paragraph 
(2), the patent application is deemed to have been filed at the time of submission 
of the written supplement. In this case, the Commissioner of th e Japan  Patent 
Office is to certify the date of filing of the patent application as the date on which 
the written supplement was submitted.  
(7) The description submitted pursuant to the proviso to paragraph (4) and the 
drawings submitted under paragraph (5) are deemed to have been submitted with 
the written application.  
(8) If a person that has received a notice provided in paragraph (2) does not 
supplement the patent application within the period under paragraph (3), the 
Commissioner of the Japan Patent Office may decline the patent application.  
(9) If a person seeking the grant of a patent undertakes the procedures to be 
undertaken by a person upon reception of the notice under paragraph (2) prior to 
receiving the notice, the procedures are dee med to be undertaken by the person 
by receiving the notice, unless otherwise provided for by Order of the Ministry of 
Economy, Trade and Industry.    
(Patent Application by a Method for Claiming to Refer to an Earlier Patent 
Application)  
Article 38 -3 (1) Exc ept when  filing a written -application  in a foreign language , a 
person requesting the grant of a patent may file a patent application by a method 
for claiming to refer  to a patent application made by the person (including one 
made in a foreign country, hereinafter referred to as an "earlier patent 
application " in this Article ) without attaching a specification or required 
drawings to the written application, notwithstandin g Article 36, paragraph (2 ); 
provided, however, that this does  not apply if the patent application falls under 
item (i) or (ii) of Article 38 -2, paragraph (1). 
(2) A person filing a patent application by a method prescribed in  the preceding 
paragraph must  submit to the Commissioner of the  Japan  Patent Office a 
document stating that fact  and matters provided by Order  of the Ministry of 
Economy, Trade and Industry  with regard to the earlier patent application , at the 
time of filing the patent application.  
(3) A person that has filed a patent application by the method prescribed in 
paragraph (1) must submit the description and required drawings to be submitted 
with the written application for the patent application, and a document provided 
by Order of the Minis try of Economy, Trade and Industry with regard to the 
earlier patent application referred to using the method prescribed in the 
paragraph within the period specified by Order of the Ministry of Economy, Trade 
and Industry.  
(4) If the matters stated in the description and drawings  submitted pursuant to  the 
preceding paragraph are not within  the scope of the matters stated in the 
description, claims or drawings  attached to the written application of the earlier 
patent application referred to using  the method prescribed in paragraph  (1) (if 
the earlier patent application was an application  written in a foreign language , 
foreign -language  documents; if the earlier patent application was filed in a 
foreign country, documents which were  submitted at the time of fil ing the 
application and correspond to the description, claims or drawings),  the patent 
application  is deemed to have been filed at the time of submission of the 
description and drawings  under the preceding paragraph , notwithstanding 
Article 38 -2, paragraph (1).  
(5) The specification and drawings submitted pursuant to paragraph (3) are deemed 
to be submitted with the written application.  
(6) The preceding paragraphs of this Article do  not apply to a new patent 
application arising from the division o f a patent application under Article 44 , 
paragraph (1), a patent application arising from the conversion of an application 
under Article 46 , paragraph (1) or (2), or a patent application based on a utility 
model registration under Article 46 -2, paragraph (1).   
(Notice When a Part of the Description or Drawings Lacks a Statement)  
Article 38 -4 (1) If determining the date of filing of a patent application, if the 
Commissioner of the Japan  Patent Office  finds that  a part of the description or 
drawings  (in the c ase of an application  written in a foreign language , a document 
in a foreign language provided by Order  of the Ministry of Economy, Trade and 
Industry stating matters required to be stated in the description specified by  
Article 36 -2, paragraph (1), and re quired  drawings  which contain descriptive text 
in the foreign language ; hereinafter the same applies  in this article) attached to 
the written application  lacks a statement, the commissioner must notify  the 
applicant thereof.  
(2) A person that has received a notice provided under the preceding paragraph 
may supplement the description or drawings only within the period provided by 
Order of the Ministry of Economy, Trade and Industry.  
(3) If supplementing the specification or drawings pursuant to the preceding  
paragraph, a document with regard to the supplement (hereinafter referred to as 
a "written supplement of the description, etc . "in this Article and Article 
67(3)(vi)).) must be submitted in accordance with an Order of the Ministry of 
Economy, Trade and Industry.  
(4) If a person that has received a notice provided under paragraph (1) supplements  
a patent application within the period  provided in paragraph (2), notwithstanding 
Article 38 -2, paragraph (1) or (6), the patent application is deemed to have bee n 
filed at the time of submitting the written supplement of the description, etc.; 
provided , however, that this does  not apply if the supplement was made with 
regard to a patent application containing a priority claim under Article 41 , 
paragraph (1), Artic le 43, paragraph (1), Article 43-2, paragraph (1) (including 
when applied  mutatis mutandis pursuant to  Article 43 -3, paragraph (3)), or 
Article 43-3, paragraph (1) or (2 ) and the contents stated in the written 
supplement of the description, etc. submitted pursuant to  the preceding 
paragraph are within the scope provided by Order  of the Ministry of Economy, 
Trade and Industry.  
(5) If a patent application supplemented referred to in  paragraph (2) falls under 
Article 38 -2, paragraph (1), item ( i) or (ii), and the relevant written supplement 
has been submitted after the submission of the written supplement of the 
description, etc. pursuant to  paragraph (3), the patent application is deemed to 
have been filed at the time of submitting that relevan t written supplement , 
notwithstanding the preceding paragraph . 
(6) The description or drawings supplemented pursuant to paragraph (2) are 
deemed to have been submitted with the written application.  
(7) A person that has supplemented a specification referre d to in paragraph (2) may 
withdraw the written supplement of the description, etc. submitted pursuant to  paragraph (3) only within the period provided by Order of the Ministry of 
Economy, Trade and Industry.  
(8) If a written supplement of a description, et c. has been withdrawn under the 
preceding paragraph, the supplement is deemed to have not been made.  
(9) Article 38 -2, paragraph (9) applies  mutatis mutandis to the procedures made 
before receiving the notice under paragraph (1).  
(10) The preceding paragra phs of this article do  not apply to a new patent 
application arising from the division of a patent application under Article 44 , 
paragraph (1), a patent application arising from the conversion of an application 
under Article 46 , paragraph (1) or (2), or a patent application based on a utility 
model registration under Article 46 -2, paragraph (1). 
 
(Waiver or Withdrawal  of Patent Application ) 
Article 38 -5 If there is a person that has a provisional exclusive license on a patent 
application  and the applicant of the patent may only waive or withdraw the 
patent application  with  the consent of that person.  
 
(Prior Application)  
Article 39  (1) If two or more patent applications claiming identical inventions are 
filed on different dates, only the applican t that filed the patent application on the 
earliest date may be granted  a patent for the invention claimed.  
(2) If two or more patent applications claiming identical inventions are filed on the 
same date, only one applicant, selected by consultations betwe en the applicants 
that filed the applications, may be granted a patent for the invention claimed. If 
no agreement is reached by consultations or consultations are unable to be held, 
none of the applicants may be granted a patent for the invention claimed.  
(3) If the invention and the device claimed in applications for a patent and a utility 
model registration , respectively,  are identical and the applications for a patent 
and a utility model registration are filed on different dates, the applicant for a 
patent may obtain a patent for the invention claimed, only if the application for a 
patent is filed prior to the application for a utility model registration.  
(4) If the invention and the device claimed in applications for a patent and a utility 
model registration , respectively,  are identical (excluding when  an invention 
claimed in a patent application based on a utility model registration pursuant to  
Article 46 -2, paragraph  (1) (including  a patent application that is deemed to have 
been filed at the time of filing of the relevant  patent application Article 44 , 
paragraph  (2) (including as applied  mutatis mutandis pursuant to  Article 46 , 
paragraph  (6))) and a device in the utility model regi stration are identical) and 
the applications for the patent and a utility model registration are filed on the 
same date, only the applicants, selected by consultations between the applicants, 
may be granted  a patent or a utility model registration. If no agreement is  reached by consultations or no consultations are able to be held, the applicant for 
a patent may not be granted  a patent for the invention claimed.  
(5) If an application for a patent or a utility model registration has been waived, 
withdrawn or  dismissed, or the examiner's  decision or decision on a trial or 
appeal to the effect that a patent application is to be rejected  has become final 
and binding, the application for a patent or a utility model registration is deemed 
never to have been filed , for the purpose of application of paragraphs (1) through  
(4); provided, however, that this does  not apply if the examiner's  decision or 
decision on the trial or appeal  to the effect that the patent application is to be 
rejected  has become final and binding on the basis that the second  sentence of 
paragraph (2) or (4) is applicable to the patent application.  
(6) In the case of paragraph (2) or (4), the Commissioner of the Japan  Patent Office 
must  order the applicant s to hold cons ultations specified referred to in  paragraph 
(2) or (4) and to report the result s thereof  within  a reasonable specified period of  
time.  
(7) If a notification  under the preceding paragraph is not filed  within the period  
specified pursuant to  the paragraph, the Commissioner of the Japan  Patent 
Office may deem that no agreement referred to in  paragraph (2) or (4) not to have  
been reached.  
 
Article 40 Deleted  
 
(Priority Claim Based on a Patent Application)  
Article 41  (1) A person seek ing the grant of a patent may make a priority claim 
for an invention claimed in the patent application, based on an invention 
disclosed in the description or claims for a patent , or claims or drawings for a 
utility model registration  (if the earlier applicati on was an application  written  
in a foreign language , in the foreign -language  documents) originally attached to 
the written application for an earlier application filed for a patent or utility 
model registration which the person has the right to obtain (her einafter referred 
to as "earlier application "), except in the following cases ; provided, however, 
that if  there is a person that has a provisional exclusive license on the earlier 
application, a priority claim may be made only if the consent of the person is 
obtained at the time of filing the patent:  
(i) the patent application is not filed within one year from the date of the filing of the 
earlier application (excluding if the person is not found to have intentionally failed 
to file the patent application w ithin one year from the filing date of the earlier 
application and the patent application is filed pursuant to Ord er of the Ministry of 
Economy, Trade and Industry within the period provided by Order of the Ministry of 
Economy, Trade and Industry);  
(ii) th e earlier application is a new patent application arising  from the division of  a patent application under Article 44 , paragraph  (1), a patent application 
arising  from the conver sion of  a patent application under Article 46 , paragraph  
(1) or (2 ), a patent application based on a utility model registration under 
Article 46 -2, paragraph  (1), or a new utility model registration application 
arising  from the division of a utility model registration application under 
Article 44 , paragraph  (1) of the Pate nt Act as applied mutatis mutandis 
pursuant to  Article 11 , paragraph (1) of the Utility Model Act or a utility model 
registration application arising  from the conversion of a utility model 
registration application under Article 10 , paragraph  (1) or (2) of the Utility 
Model Act;  
(iii) at the time of the filing of the patent application, the earlier application ha s 
been waived, withdrawn or dismissed;  
(iv) at the time of the filing of the patent application, the examiner's decision or 
the decision on the tria l or appeal for  the earlier application ha s become final 
and binding; and  
(v) at the time of the filing of the patent application, the registration establishing 
a utility model right under Article 14 , paragraph  (2) of the Utility Model Act 
with respect to the earlier application has been effected.  
(2) In applying Article 29, the main clause of Article 29 -2, Article 30, paragraphs (1) 
and (2), Article 39, paragraphs (1) through (4), Article 69, paragraph (2), item (ii), 
Articles 72, 79, and 81, Article 82, p aragraph (1), Article 104 (including as 
applied mutatis mutandis pursuant to Article 65, paragraph (6) (including as 
applied mutatis mutandis pursuant to Article 184 -10, paragraph (2))) and Article 
126, paragraph (7) (including as applied mutatis mutandis pursuant to Article 17 -
2, paragraph (6), Article 120 -5, paragraph (9) and Article 134 -2, paragraph (9)) of 
the Patent Act, Article 7, paragraph (3) and Article 17 of the Utility Model Act, 
Article 26, Article 31, paragraph (2) and Article 32, paragraph (2)  of the Design 
Act, and Article 29, Article 33 -2, paragraph (1) and Article 33 -3, paragraph (1) of 
the Trademark Act (Act No. 127 of 1959) (including when those provisions are 
applied mutatis mutandis pursuant to Article 68, paragraph (3) of the Trademark 
Act( Act No. 127 of 1959)) to inventions claimed in a patent application 
containing a priority claim under the preceding paragraph, with regard to those 
that are indicated in the description or claims for a patent, or claims or drawings 
for a utility model  registration (if the earlier application was an application 
written in a foreign language, foreign -language documents) originally attached to 
the written application for the earlier application on which the priority claim is 
based (if the earlier applicat ion contains a priority claim under paragraph (1) or 
Article 8, paragraph (1) of the Utility Model Act, or Article 43, paragraph (1), 
Article 43 -2, paragraph (1) (including when applied mutatis mutandis pursuant 
to Article 43 -3, paragraph (3)), or Article 43-3, paragraph (1) or (2) of the Patent 
Act (including when those provisions are applied mutatis mutandis pursuant to  Article 11, paragraph (1) of the Utility Model Act), this excludes any inventions 
indicated in any documents (limited to those equivalent  to the description, claims 
for a patent or utility model registration, or drawings) submitted at the time of 
filing of the application on which the priority claim in the earlier application is 
based), the patent application containing a priority claim is deemed to have been 
filed at the time of filing of the earlier application.,  
(3) The earlier application is deemed to be published or to be published in the 
bulletin in which the utility model appears as the time that the relevant patent 
application is pub lished in the gazette in which the patent appears or the 
relevant application is published, as regards the invention indicated in the 
description, claims or drawings ( or, if this is an application written in a foreign  
language , in the foreign -language  docu ments) originally attached to the written 
application for a patent application containing a priority claim under paragraph 
(1), if the invention is also indicated  in the description  or claims for a patent , or 
claims  or drawings for a utility model registration (or, if  the earlier application 
was an application written in a foreign  language , in the foreign -language  
documents) originally attached to the written application for the earlier 
application on which the priority claim is based ( or, if  the ea rlier application 
contains a priority claim under paragraph (1) or Article 8 , paragraph (1) of the 
Utility Model Act, or Article 43 , paragraph (1), Article 43 -2, paragraph (1) 
(including if applied  mutatis mutandis pursuant to Article 43 -3, paragraph (3)), 
or Article 43 -3, paragraph (1) or (2) of the Patent  Act (including if those 
provisions are applied  mutatis mutandis pursuant to Article 11 , paragraph (1) of 
the Utility Model Act), this excludes the  inventions indicated  in any documents 
(limited to those equivalent to the description  or claims  for a patent , or claims or 
drawings for a utility model registration) submitted at the time of the filing of the 
application on which the priority claim in the earlier application is based), and 
the main clause of Ar ticle 29 -2 of the Patent  Act and the main clause of Article 3 -
2 of the Utility Model Act apply.  
(4) A person requesting to make a priority claim under paragraph (1) must submit 
to the Commissioner of the Japan Patent Office a document stating that fact  and 
an indication of the earlier application within the time limit provided by Order of 
the Ministry of Economy, Trade and Industry.  
 
(Withdrawal of Earlier Application)  
Article 42  (1) An earlier application on which a priority claim is based under Article 
41, paragraph  (1) is deemed to be withdrawn when the period  provided by Order 
of the Ministry of Economy, Trade and Industry from the filing date of the earlier 
application  has lapsed ; provided, however, that this does  not apply if the earlier 
application ha s been waived, withdrawn or dismissed, the examiner's  decision or 
decision on the trial or appeal for  the earlier application has become final and  binding, the registration establishing a utility model right under Article 14 , 
paragraph  (2) of the Utility M odel Act with respect to the earlier application has 
been effected , or all priority claims based on the earlier application are 
withdrawn.  
(2) The applicant of a patent application containing a priority claim as under 
Article 41 , paragraph  (1) may not with draw the priority claim after the period  
provided by Order of the Ministry of Economy, Trade and Industry from  the 
passage of  the filing date of the earlier application.  
(3) If a patent application containing a priority claim under Article 41 , paragraph  
(1) is withdrawn within the period  provided by Order of the Ministry of Economy, 
Trade and Industry from the filing date of the earlier application, the priority 
claim is deemed to be withdrawn at the same time . 
 
(Priority Claim Procedures under the Paris Co nvention)  
Article 43  (1) A person desiring to take advantage of the priority of a patent 
application pursuant to Article 4.D(1) of the Paris Convention must  submit a 
document to the Commissioner of the Japan Patent Office at same time as a 
patent application indicating this , and giving  the name of country of the Paris 
Convention Union in which the application was first filed, deemed to have first 
been filed pursuant to  C(4) of that Article, or found  to have first been filed 
pursuant to  A(2) of the Article, and stating the filing date of the application.  
(2) A person that has made a priority claim as under the preceding paragraph must 
submit a document  to the Commissioner of the Japan Patent Office showing the 
filing date of the application and beari ng the certification of the  country of the 
Paris Convention  Union  in which the application was first made, or found  to have 
been first made pursuant to Article 4.C(4) of the Paris Convention, or found to 
have first been made pursuant to A(2) of the Article , as well as certified copies of 
documents equivalent to the description , patent claims or utility model 
registration  claims,  and drawings submitted at the time of the filing of the 
application, or any bulletin or certificate giving the same type of detail s that 
published by the government of th at country  (including those provided by 
electronic or magnetic means (meaning by electronic means, magnetic means, or 
other means that is impossible to perceive through the human senses alone; the 
same applies in par agraph (5) and Article 44, paragraph (4)) or the copies thereof 
(hereinafter referred to as "priority certificate, etc." in this Article) , within one 
year and four months from the earliest of the following dates:  
(i) the first filing date ; deemed to be the  first filing date  pursuant to Article 4.C(4) 
of the Paris Convention, or  the date found  to be first filing date  pursuant to 
A(2) of the Article;  
(ii) if the patent application contains a priority claim under Article 41 , paragraph  
(1), the filing date of the application on which the priority claim is based; or   (iii) if the  patent application contains other priority claims as under the preceding 
paragraph , para graph (1) of the next Article (including when applied  mutatis 
mutandis pursuant to  Article 43 -3, paragraph  (3)), or Article 43-3, paragraph (1) 
or (2), the filing date of the application on which the priority claim is based.  
(3) A person that has made a pr iority claim as under paragraph (1) must submit to 
the Commissioner of the Japan Patent Office a document specifying the filing 
number of the application which was first filed, is deemed to have been first filed 
pursuant to Article 4.C(4) of the Paris Conv ention, or is recognized to have been 
first filed pursuant to A(2) of the Article, beyond the priority certificate, etc. ; 
provided, however, that  if the  filing number is not possible for  the person to learn 
that filing number prior to the submission of the priority certificate, etc. , a 
document specifying the reason theref or must be submitted in lieu of the 
document specifying the filing number , and the document specifying the filing 
number must  be submitted without delay  once the person comes to know that 
number . 
(4) If a person that has made a priority claim under paragraph (1) fails to submit 
the priority certificate, etc.  within the period provided in paragraph (2) , the 
priority claim is forfeited . 
(5) In applying of the pre ceding two paragraphs , the priority certificate, etc.  are 
deemed to be submitted  in a case specified  by Order of the Ministry of Economy, 
Trade and Industry , as one in which it is permissible for electronic or magnetic 
means to be used for exchanging  the details given in  the priority certificate, etc.  
through with a country of the Paris Convention Union or an international 
organization involved in  industrial property rights, if the person claiming priority 
as under paragraph (1) submits to the Commissioner of the Japan Patent Office a 
document stating the filing number of the application and other matters specified  
by Ord er of the Ministry of Economy, Trade and Industry as necessary for 
exchanging  the matters, within the provided for in paragraph (2) . 
(6) If a priority certificate, etc.  or a document  prescribed in  the preceding paragraph 
has not been submitted within the  period  prescribed in paragraph (2), the 
Commissioner of the Japan Patent Office must  notify the person that has made 
the priority clai m under paragraph (1) to that effect . 
(7) A person that has received a notice prescribed in the preceding paragraph  may 
submit a priority certificate, etc.  or a document prescribed in paragraph (5)  to the 
Commissioner of the Japan Patent Office only within  the period  provided by 
Order of the Ministry of Economy, Trade and Industry . 
(8) If a person that has received a notice provided under paragraph (6) is unable to 
submit the priority certificate, etc.  or the document provided in paragraph (5) 
within the pe riod provided under the preceding paragraph due to reasons beyond 
the person's control, notwithstanding the preceding paragraph, the person may 
submit the priority certificate, etc. or  the documents to the Commissioner of the  Japan Patent Office  within the  period provided by Order of the Ministry of 
Economy, Trade and Industry.  
(9) If the priority certificate, etc.  or the document prescribed in paragraph (5)  are 
submitted pursuant to paragraph (7) or the preceding paragraph , paragraph (4)  
does not apply.  
 
(Priority Claims as under  the Paris Convention)  
Article 43 -2 (1) With regard to a person that has been unable to file a patent 
application containing a priority claim within the period of priority pursuant to 
Article 4.C(1) of the Paris C onvention (hereinafter referred to as the "period of 
priority"), despite requesting  to make a  priority claim pursuant to Article 4.D(1) 
of the Paris Convention regarding a patent application, if the person  files the 
patent application pursuant to Order of the Ministry, Trade and Industry within 
the time limit provided by Order of the Ministry, Trade and Industry, the person 
may make a priority claim  regarding the patent application under the Article, 
even after the lapse of the period of priority ; provided,  however, that this does not 
apply if the person  is found to have intentionally failed to file the patent 
application within the period of priority.  
(2) Article 43 applies mutatis mutandis when a priority claim is made pursuant to 
the preceding paragraph.  
 
Article 43 -3 (1) When  a priority claim is based on a patent  application filed by a 
person specified in the left -hand column of the following table in a country 
specified in the corresponding right -hand column , the priority claim  regarding 
the patent application may be made  in accordance with  Article 4 of the Paris  
Convention . 
 
Japanese nationals or nationals of a 
country of the Union of the Paris 
Convention (including nationals deemed 
to be the nationals of the country of the 
Union in accordance with Article 3 of the 
Paris Convention - hereinafter the same 
shall ap ply in paragraph (2)).   
Member of the World Trade Organization    
Nationals of a Member of the World Trade 
Organization (meaning the nationals of 
Members provided for in paragraph (3) of 
Article 1 of Annex 1C of the Marrakesh  
Agreement Establishing the World Trade 
Organization  Country of the Union of the Paris 
Convention  or Member of the World 
Trade Organization  
(2) The national of a country that is neither a country of the Paris Convention 
Union nor a member state of the World Trade Organization (limited to a country 
that allows Japanese nationals to make a priority cla im under the same 
conditions as in Japan; hereinafter referred to as a "specified country" in this 
paragraph) may make a priority claim based on an application filed in that 
specified country, and a Japanese national, the national of a country of the Paris  
Convention Union, or the national of a member of the World Trade Organization 
may claim a priority for a patent application based on the application filed in a 
specified country, pursuant to Article 4 of the Paris Convention.  
(3) The preceding two Article s apply mutatis mutandis if a priority claim is made 
pursuant to the preceding two paragraphs.  
 
(Division of Patent Applications)  
Article 44  (1) An applicant for a patent may divide  a patent application 
containing two or more inventions into one or more new patent application, but 
only in the following cases:  
(i) at the allowable time or within the allowable  period  for amendments of the 
description , claims or drawings attached to the written application;  
(ii) within 30 days from the date on which a certified copy of an examiner's  
decision to the effect that a patent is to be granted (excluding an examiner's  
decision to the effect that a patent is to  be granted as under Article 51 as 
applied mutatis mutandis pursuant to  Article 163 , paragraph  (3) and an 
examiner's  decision to the effect that a patent is to be granted with regard to a 
patent application that has been subject to examination as provided in Article 
160, paragraph  (1)) is served; and  
(iii) within three months from the date on which a certified copy of an examiner's 
initial decision to the effect that the application is to be rejected has been 
served.  
(2) In the case referred to in the prece ding paragraph, a new patent application is 
deemed to have been filed at the time of filing of the original patent application; 
provided, however, that this does not apply for the purpose of application of  Article 29 -2 of the Patent Act if the new patent a pplication falls under another 
patent application provided for in the Article , application provided for in Article 
3-2 of the Utility Model Act if the new patent application falls under a patent 
application provided in the Article , and application of Artic le 30 , paragraph (3) of 
the Patent Act.  
(3) For the purpose of application of Article 43 , paragraph  (2) (including when 
applied  mutatis mutandis pursuant to  Article 43 -2, paragraph  (2) (including 
when applied  mutatis mutandis pursuant to  paragraph (3) of t he preceding 
Article) and paragraph (3) of the preceding Article) when a new patent 
application is filed prescribed in paragraph (1), the phrase "within one year and 
four months from the earliest of the following dates " in Article 43 , paragraph  (2) 
is replaced with "within one year and four months from the earliest of the 
following dates or three months from the filing date of the new patent 
application, whichever is later ". 
(4) If a new patent application is filed as provided in  paragraph (1), any statem ents 
or documents which have been submitted in relation to the original patent 
application (in the case of a submission under Article 43 -2 (including as applied 
mutatis mutandis pursuant to Article 43 -2, paragraph (2) (including as applied 
mutatis mutandis  pursuant to paragraph (3) of the preceding Article, the same 
shall apply hereinafter in this paragraph) and paragraph (3) of the preceding 
Article), including statements or documents provided by electronic or magnetic 
means)  and must  be submitted in relat ion to the new patent application pursuant 
to Article 30 , paragraph  (3), Article 41, paragraph (4), or Article  43, paragraph (1) 
and (2) (including if the two paragraphs are applied  mutatis mutandis pursuant 
to Article 43 -2, paragraph  (2) and paragraph (3)  of the preceding Article) are 
deemed to have been submitted to the Commissioner of the Japan  Patent Office 
at the same time as  the new patent application.  
(5) If the period prescribed  in Article 108 , paragraph  (1) is extended pursuant to  
Article 4 or Article 108 , paragraph  (3), the 30 -day period prescribed  in paragraph 
(1), item (ii) is deemed to have been extended only by the length of  that extension . 
(6) If the period prescribed  in Article 121 , paragraph  (1) is extended pursuant to  
Article 4, the three -month period prescribed  in paragraph (1 ), item (iii) is deemed 
to have been extended only by the length of  that extension . 
(7) If the applicant for a new patent under paragraph (1)  is unable to file the new  
patent application within the period prescribed in item s (ii) and (iii) due to 
reasons beyond the applicant's control, notwithstanding the item s, the applicant 
may file the new  patent application within 14 days ( if the applicant is an overseas 
resident, within two months) from the date on which the reasons ceased to be 
applicable, but not later than six months following the passage of the  period . 
 
Article 45 Deleted    
(Conversion of Application s) 
Article 46  (1) An applicant of a utility model registration may convert the 
application into a patent application; provided, however, that this does  not apply 
after the passage  of three  years from the filing  date of application  for utility 
model registration.  
(2) An applicant of a design registration may convert the application into a patent 
application; provided, however, that this does not apply once three  months have 
passed since  the date on which the certified copy of the examiner's initial decision 
to the effect that the application for a design registration is to be rejected has 
been ser ved or after the passage of three  years from the filing date of application 
for design registration (excluding a period of a maximum of three  months after 
the date on which the certified copy of the examiner's initial decision to the effect 
that the applic ation for a design registration is to be rejected has been served).  
(3) If the period provided in Article 46 , paragraph  (1) of the Design Act is extended 
pursuant to  Article 4 of the Patent Act as applied mutatis mutandis pursuant to  
Article 68 , paragraph  (1) of the Design Act, the three -month period prescribed  in 
the proviso to the preceding paragraph is deemed to be extended only by the 
length of  that extension . 
(4) If an application is converted as under paragraph (1) or (2), the original 
application is deemed to be withdrawn.  
(5) If a person that converts an application under  paragraph (1) or paragraph (2) is 
unable to convert the application  within the period prescribed  in the proviso to  
paragraph  (1) or within the period of three years prescribed  in the proviso to  
paragraph  (2) due to reasons beyond the person's control , notwithstanding the 
proviso to paragraph  (1) or the proviso to paragraph  (2), the person may convert 
the application  within 14 days ( if the person is an  overseas resident, within two 
months) from the date on which the reasons ceased to be applicable, but not later 
than six months following the passage of the period of time prescribed in those 
provisions . 
(6) Article 44 , paragraphs (2) through (4) appl y mutatis mutandis to the case of 
conversion of an application under paragraph (1) or (2).  
 
(Patent Applications Based on Utility Model Registration)  
Article 46 -2 (1) Except in the following cases, a person that holds a utility model 
right may file a patent application based on the person's  own utility model 
registration pursuant to Order of the Ministry of Economy, Trade and Industry . 
To do so , the utility model right must  be waived:  
(i) three  years have lapsed from the  filing date of the application for the utility 
model registration;  
(ii) a request the examiner's technical opinion as provided in Article 12,  paragraph (1) of the Utility Model Act with respect to the application for a  
utility model registration to which the relevant utility model registration 
pertains or with respect to that utility model registration (in the following 
paragraph simply referred to as a" technical opinion about the utility model  "), 
is filed by the applicant of the utility model registrati on or the utility model 
right holder;  
(iii) 30 days have passed since  the date of receipt of an initial notice under Article 
13, paragraph  (2) of the Utility Model Act pertaining to a request  for a utility 
model technical opinion on the application for the  utility model registration, or 
on the utility model registration filed by a person that is neither the applicant 
of the utility model registration nor the utility model right  holder; and  
(iv) the period of time initially designated pursuant to Article 39 , paragraph  (1) of 
the Utility Model Act for a utility model registration invalidation trial  filed 
against the utility model registration as referred to in  Article 37 , paragraph  (1) 
of the Utility Model Act has expired.  
(2) A patent application under the pr eceding paragraph is deemed to have been 
filed at the time of filing of the application for the utility model registration, 
provided that matters stated in the description, claims or drawings attached to 
the written application for the patent application a re within the scope of the 
matters stated in the description claims or drawings attached to the written 
application for the utility model registration application on which the patent 
application is based; provided, however, that this does  not apply for the  purpose 
of application of Article 29 -2 of the Patent Act or Article 3 -2 of the Utility Model 
Act if the patent application falls under another patent application under Article 
29-2 of the Patent Act or a patent application under Article 3-2 of the Utility  
Model Act , respectively , or for the purpose of application of Article  30, paragraph 
(3), the proviso to 36 -2, paragraph (2), and 48 -3, paragraph (2). 
(3) If an applicant for a patent under paragraph (1) is unable to file an application 
for the patent with in the period provided in item (i) or (iii) of paragraph (1) due to 
reasons beyond the applicant's control, notwithstanding those items, the 
applicant may file the patent application within 14 days (if the applicant is an 
overseas resident, within two mont hs) from the date on which the reasons ceased 
to be applicable, but not later than six months following the passage of the time 
limits under those items.  
(4) If there is an exclusive licensee  or a pledgee , or a non -exclusive licensee when  
Article 35 , parag raph  (1) of the Patent Act as applied pursuant to  Article 11 , 
paragraph  (3) of the Utility Model Act , under  Article 77 , paragraph  (4) of the 
Patent Act as applied pursuant to  Article 18 , paragraph  (3) of the Utility Model 
Act, or under Article 19 , paragraph  (1) of the Utility Model Act is applicable, the 
holder of a utility model right may only file a patent application under paragraph 
(1), provided that the consent of the exclusive licensee, pledgee or non -exclusive  licensee is obtained.  
(5) Articl e 44, paragraphs (3) and  (4) appl y mutatis mutandis whe n a patent 
application is filed under paragraph (1).  
 
Chapter III Examination s 
 
(Examination by an E xaminer ) 
Article 47  (1) The Commissioner of the Japan Patent Office must  direct examiners 
to examin e patent applications.  
(2) Qualifications for examiners are prescribed by Cabinet Order.  
 
(Exclusion of Examiners ) 
Article 48 Article 139 (excluding  items ( vi) and (vii )) shall  apply mutatis mutandis 
to examiners.  
 
(Examination of Patent Applications ) 
Article 48 -2 The examination of a patent application is initiated after the filing of a 
request for examination.  
 
(Request for Examination of Application)  
Article 48 -3 (1) Once  a patent application is filed, any person may file with the 
Commissioner of the Japan Patent Office a request for the examination of the 
application  within three  years from the filing date thereof . 
(2) A request for examination may be filed even after the  period referred to in the 
preceding paragraph has passed, if filed with respect to  a new patent application 
arising from the division of a patent application under Article 44 , paragraph  (1), 
a patent application in question in  the conversion of an applica tion under Article 
46, paragraphs  (1) or (2), or a patent application based on a utility model 
registration under Article 46 -2, paragraph  (1), but only within  30 days after  the 
relevant division or conversion of the patent application , or the filing of the 
patent application based on the utility model registration.  
(3) A request for the examination of application may not be withdrawn.  
(4) If a request for the examination of an application is not filed within the period in 
which it may be filed pursuant to paragraph (1), the patent application is deemed 
to be withdrawn.  
(5) The applicant of the patent application that is deemed to have been withdrawn 
pursuant to the preceding paragraph may file a request for examination pursuant 
to Order of the Ministry, Trad e and Industry only within the period specified by 
Order of the Ministry, Trade and Industry; provided, however, that this does not 
apply if the applicant is found to have intentionally failed to file a request for the 
examination of the patent application  within the period prescribed in paragraph  (1). 
(6) The request for examination of application filed  pursuant to the preceding 
paragraph is deemed to have been filed with the Commissioner of the Japan  
Patent Office at the time of passage of the period prescribed in paragraph (1).  
(7) Paragraph (3) applies mutatis mutandis if the request for examination of 
application has not been filed within the period prescribed in paragraph (2).  
(8) If a request for  the examination of a patent application is filed pursuant to 
paragraph (5) (including as applied mutatis mutandis in the preceding 
paragraph; hereinafter the same applies in this paragraph) and the 
establishment of a patent right for the patent applicatio n is registered, if a person 
has been practicing the invention or preparing to working the invention in Japan 
in good faith after the fact that the patent application has been deemed to be 
withdrawn under paragraph (4) (including as applied mutatis mutandi s in the 
preceding paragraph) is published in the patent gazette but before the fact that 
the request for the examination of the patent application has been filed under 
paragraph (5) is published in the patent gazette, the person has a non -exclusive 
licens e on the patent right, only to the extent of the invention and the purpose of 
the business worked or prepared.  
 
Article 48 -4 To request an examination of an application , a person must  submit a 
written request to the Commissioner of the Japan  Patent Office stating the 
following:  
(i) the name and domicile or residence of the petitioner ; and  
(ii) an identification of the patent application for which the examination is 
requested.  
 
Article 48 -5 (1) If a request for the examination of an application is filed prior to the 
publication  of the application, the Commissioner of the Japan  Patent Office must  
publish an indication of this  in the patent gazette either at the time of 
publication  of the application  or thereafter without delay, and if a request for 
examination  is filed after the publication  of the application, the commissioner 
must publish this in the patent gazette  thereafter without delay.  
(2) If a request for the examination of an application is filed by a person other than 
the applicant for a patent, the Commissioner of the Japan  Patent Office must  
notify the applicant thereof.  
 
(Prioritized  Examination)  
Article 48 -6 If the Commissioner of the J apan Patent Office that a person other 
than the applicant is working the invention claimed in a patent application in 
course of trade  after the publication  of the application, and it is necessary  for the  commissioner to do so, the commissioner  may have an  examiner prioritize  the 
examin ation  of that patent application over that of  other patent applications.  
 
(Noti fying  the Applicant with regard to  Information about a published  Publicly -
known I nvention)  
Article 48 -7 Whe n an examiner finds  that a patent application does not comply with 
the requirements prescribed  in Article 36 , paragraph  (4), item (ii), the examiner 
may notify the applicant of the patent thereof and give the applicant an 
opportunity to submit a written opinion  within  a reasonable, specified period of  
time.  
 
(Examiner's Decision  of Rejection ) 
Article 49 The examiner must  reach  an examiner's  decision to the effect that a 
patent application is to be rejected if the patent application falls under any of 
the following:  
(i) an ame ndment made to the description, claims or drawings attached to the 
written application of the patent application does not comply with the 
requirements prescribed  in Article 17 -2, paragraph  (3) or (4);  
(ii) the invention claimed in the patent application is  unpatentable , pursuant to  
Article 25, 29, 29 -2, 32, or 38 or Article 39, paragraphs (1) through (4); 
(iii) the invention claimed in the patent application is unpatentable , pursuant to  
the provisions of any relevant treaty;  
(iv) the patent application does  not comply with the requirements prescribed in  
Article 36 , paragraph  (4), item (i), Article 36, paragraph (6), or  Article  37; 
(v) the applicant has been notified as under the preceding Article , but even after  
the amendment of the description or submission of the written opinion the 
patent application does not comply with the requirements prescribed in  Article 
36, paragraph  (4), item (ii); 
(vi) the patent application is an application  written in a foreign langu age, and 
matters stated in the description, claims or drawings attached to the written 
application are not within the scope of matters stated in foreign -language  
documents; or 
(vii) the applicant for the patent does not have the right to the grant of  a pat ent 
for the invention  claimed in the application . 
 
(Notice of the G rounds  for Rejection ) 
Article 50 Before reaching  the decision to reject  an application , an examiner must  
notify the applicant for the patent of the grounds  therefor and give the applicant 
an opportunity to submit a written opinion  within  an adequate specified period of 
time; provided, however, that in cases as set forth  in Article 17 -2 , paragraph (1), 
item  (i) or (iii) (in the case set forth  item (i), limited to when  the examiner issues  the notice under the following  Article along with the notice of grounds  for 
rejection ), this does  not apply if a ruling to dismiss  as under Article 53 , 
paragraph  (1) is rendered.  
 
(Notice to the Effect that Grounds for Rejection are the Same as in a Previous 
Notice)  
Article 50 -2 If an examiner intends to  issue  a notice of grounds for reject ing a 
patent application pursuant to the preceding Article, and th ese grounds for 
rejection are the same as the grounds for rejection in a notice under the preceding 
Article (including as appli ed mutatis mutandis pursuant to  Article 159 , 
paragraph  (2) (including when  appli ed mutatis mutandis pursuant to  Article 174 , 
paragraph  (2)) and Article 163 , paragraph  (2)) that involves  another patent 
application ( but only if provisions of Article 44, paragraph (2) apply to either or 
both of the patent applications and they  are deemed to have been filed 
simultaneou sly ) ( other than  notice of anything that  the applicant filing that  
patent application was not in position to know  prior to the filing of a request for 
examination of the patent application), the examiner must  also issue  notice to 
that effect.  
 
(Examiner's  Decision s) 
Article 51 If no grounds  for rejection  are found with regard to a patent application, 
the examiner must reach  a decision to grant  the patent.  
 
(Formal Requirements  for Examiner 's Decision s) 
Article 52  (1) An examiner's  decision must  be in writing and include  the grounds  
therefor.  
(2) Once  an examiner's  decision is rendered, the Commissioner of the Japan  Patent 
Office must  serve a certified copy of it on  the patent applicant . 
 
(Dismissal of Amendments ) 
Article 53  (1) In the case of Ar ticle 17 -2, paragraph  (1), item (i) or (iii) (in the case 
set forth in item (i), this is limited to if the examiner issues the  notice under 
Article 50 -2 along with the notice of grounds  for rejection), if an amendment 
made to the description, claims or drawings attached to a written  application is 
found not to comply with Article 17 -2, paragraphs (3) through  (6), prior to the 
service of the certified copy of the examiner's decision notifying to the effect t hat 
a patent is to be granted, the examiner must  dismiss the amendment by a ruling.  
(2) A ruling dismissing an amendment under the preceding paragraph must  be 
made in writing and include  the grounds  therefor.  
(3) A ruling dismissing an amendment under para graph (1 ) may not be appeal ed; 
provided, however, that this does  not apply in any trial  occurs if an appeal   against a  rejection is filed . 
 
(In Relation to Litigation)  
Article 54  (1) If it is found to be  necessary during an examination, the examination 
procedure may be suspended until a ruling or a trial decision on an opposition to 
a granted patent has become final and binding or until  litigation  proceedings are 
concluded.  
(2) If an action is instituted or a motion for an order of provisional seizure or 
provisional disposition is filed, the court may, if it considers it necessary, suspend 
litigation p roceedings until the examiner's decision becomes final and binding.  
 
Articles 55 through 63 Deleted  
 
Chapt er III -2 Publication  of Applications  
 
(Publication of Applications)  
Article 64  (1) Once  one year and six months have passed since the filing date of a 
patent application, the Commissioner of the Japan  Patent Office must publish  the 
patent application, unle ss the gazette in which  the patent appears has already 
been published. The same applies whe n a request for the publication  of a patent 
application as provided in  paragraph (1) of the following Article is filed.  
(2) The publication of a patent application is effected by stating the following 
matters in the patent gazette; provided, however, that this does not apply to the 
matters prescribed in items (iv) through (vi) if the Commissioner of the Japan 
Patent Office recognizes that public policy is likely  to be injured by stating those  
matters in the patent gazette:  
(i) the name, and the domicile or residence of the applicant for the patent;  
(ii) the number and the fil ing date of the patent application;  
(iii) the name, and the domicile or residence of the inventor;  
(iv) the matters stated in the description , patent claims attached to the  written 
application and the contents of the drawings attached to the application;  
(v) the matters stated in the abstract attached to the written application;  
(vi) in the case of a n application  written in a foreign language , the matters stated 
in the foreign -language  documents and foreign -language  abstract ; 
(vii) the number and the date o f publication of the patent application; and  
(viii) other necessary matters.  
(3) If an indication  in the abstract attached to the written  application does not 
comply with Article 36 , paragraph  (7), or if the Commissioner of the Japan  
Patent Office finds it  to be otherwise necessary, the commissioner  may 
personally prepare matters and publish them in the patent gazette, in lieu of 
the matters indicated  in the abstract as referred to in  item (v) of the preceding  paragraph.  
 
(Request for the Publication of a Patent Application)  
Article 64 -2 (1) An applicant for a patent may file a request for the publication  of 
the patent application with the Commissioner of the Japan  Patent Office except 
in the following cases:  
(i) the patent application has already been  published ; 
(ii) the patent application contains a priority claim as under Article 43 , 
paragraph  (1), Article 43 -2, paragraph  (1) (including as applied  mutatis 
mutandis pursuant to Article 43 -3, paragraph  (3)), or Article 43-3, paragraph  
(1) or (2), a priority certificate, etc.  relating thereto prescribed in  Article 43 , 
paragraph  (2) (including as applied  mutatis mutandis pursuant to Article  43-2, 
paragraph (2) (including as applied  mutatis mutandis pursuant to Article 43 -3, 
paragraph  (3)) and Article 43-3, paragraph (3)), and document s relating thereto 
prescribed in  Article  43, paragraph (5) (including as applied  mutatis mutandis 
pursuant to Article 43 -2, paragraph  (2) (including as applied  mutatis mutandis 
pursuant to  Article 43 -3, paragraph (3)) and 43 -3, paragraph (3)) have not been 
submitted to the Commissioner of the Japan  Patent Office; and  
(iii) the patent application is an application  written in a foreign language  and 
translations of the foreign -language  documents prescribed in  Article 36 -2, 
paragraph  (2) have not been submitted to the Commissioner of the Japan  
Patent Office.  
(2) A request for the publication  of a patent application may not be withdrawn.  
 
Article 64 -3 To request the public ation  of a patent application , the patent 
applicant  must  submit a written request to the Commissioner of the Japan  
Patent Office stating the following:  
(i) the name and domicile or residence of the petitioner ; and  
(ii) an identification of the patent application subject to the request to 
publication . 
 
(Effect of the Publication of Applications)  
Article 65  (1) If the patent applicant issues a written  warning giving  the details  of 
the invention in the patent application  after that patent application is published , 
the applicant may file a claim for compensation against a person that work s the 
invention in the course of trade  after being so warned  and prior to the 
registration of the  patent right  with a claim  amount that corres ponds  to the 
amount of money , the applicant would be entitled to receive for the working of the 
invention if it were a patented  invention. The same applies in respect of a claim 
against  a person that knowingly and in the course of trade  work s an invention 
claimed in a published  patent application, prior to the registration of the  patent ,  even if no such warning is issued . 
(2) The claim under the preceding paragraph may not be exercised until the patent 
is registered . 
(3) If a provisional exclu sive licensee or a provisional non -exclusive licensee work s 
the invention in the patent application to the extent permitted by the act 
establishing  a license, the applicant for the patent may not claim for 
compensation as prescribed in  paragraph (1).  
(4) The exercise of the right to claim compensation under paragraph (1) does  not 
preclude the exercise of the patent right.  
(5) If a patent application is waived, withdrawn or dismissed after the publication  
of the patent application ; if the examiner's  decision  or a decision on the trial or 
appeal rejecting  the patent application become s final and binding ; if the patent 
right is deemed never to have existed at all pursuant to  Article 112 , paragraph  
(6) (unless  it is found that the patent right is deemed to have existed from the 
beginning pursuant to  Article 112 -2, paragraph  (2)); if a  revocation decision as 
referred to in Article 114 , paragraph  (2) become s final and binding ; or, if with the 
exception of cases falling  as referred to in  the proviso to Article 125, a decision on 
an appeal to the effect that the patent is to be invalidated become s final and 
binding, the right to claim referred to  in paragraph (1) is deemed never to have 
arisen  .  
(6) Articles 101, 104 through104 -3, 105  through  105-2-12,, and 105 -4 through 105 -7, 
Article 168, paragraphs (3) through (6) of this Act, and Articles 719 and 724 
(Torts) of the Civil Code (Act No. 89 of 1896) apply mutatis mutandis to the 
exercise of the right to claim compensation under paragraph (1). In this case, if a 
person having the right to make that claim learns of the fact that the invention 
claimed in the patent application is being worked and learns the identity of the 
person working the invention prior to the registration establishing a patent right, 
the phrase "by the victim or the victim's statutory agent within three years from 
the time when that person comes to know of the damages and the identity of the 
perpetrator" in Article 724(i) of the Civil Code is deemed to be replaced with "b y 
the person entitled to make that claim within three years from the date the 
patent is registered".  
 
Chapter IV Patent Rights  
Section 1 Patent Rights  
 
(Registration of Establishment  of a Patent Right) 
Article 66  (1) A patent right come s into effect be registered . 
(2) A patent right is registered once all of the annual  patent fees as under Article 
107, paragraph  (1) are paid for the first year to the third year or once an 
exemption or grace period is  granted  for the payment of the same .  (3) Once the registration referred to in  the preceding paragraph is effected, the 
following matters must  be published in the patent gazette; provided, however, 
that this does  not apply to the matters set forth  in paragraph (v) if the patent 
application has alread y been published : 
(i) the name, and the domicile or residence of the patentee ; 
(ii) the number and the filing date of the patent application;  
(iii) the name, and the domicile or residence of the inventor ; 
(iv) the matters stated in the description and clai ms attached to the written 
application and the contents of the drawings attached to the written  
application;  
(v) the matters stated in the abstract attached to the written application;  
(vi) the patent number and the date of its registration; and  
(vii) othe r necessary matters.  
(4) Article 64 , paragraph  (3) applies  mutatis mutandis when the matters stated in 
the abstract which are referred to  in Article 64 , paragraph  (3), item (v) are 
published in the patent gazette pursuant to  the preceding paragraph.  
 
(Patent Term ) 
Article 67  (1) The term  of a patent right expire s after a period of 20 years from the 
filing date of the patent application.  
(2) The duration prescribed in the preceding paragraph may be extended upon the 
filing of an application to register an extension if the establishment of a patent 
right is registered on or after the date on which five years have passed since the 
date of fil ing of the patent application, or the date on which three years have 
passed since the date of filing of a request for examination of the application, 
whichever is later (hereinafter referred to as the base date).  
(3) The period which may be extended pursua nt to the preceding paragraph 
(hereinafter referred to as the extendible period) shall not exceed the period 
calculated by deducting a period equivalent to the total of the periods listed in 
the following items (excluding an overlapping period among these periods, if 
there is any) from a period equivalent to the period from the base date until the 
date of registration of establishment of the patent right:  
 (i) where a notice or order under the provisions of this Act (excluding Article 3 9(6)     
and Article 50), the Utility Model Act, or the Act on Special Provisions for 
Procedures related to Industrial Property Rights  (Act No. 30 of 1990) , or the 
provisions of orders under these laws (limited to a notice or order issued by the 
Commissioner of the Patent Office or the examiner) has been  issued with 
regard to the patent application , and the procedure to be undertaken upon 
receiving the notice or order is undertaken: the period from the date on which 
the notice or order has been issued until the date on which the procedure is 
undertaken;   (ii) where the time limit for undertaking the procedu re under the provisions of 
this Act or orders under this Act (hereinafter referred to as the Patent Act and 
orders in the following item, item (v) and item (x)) has been extended with 
regard to the patent application: the period from the date on which the time 
limit for undertaking the procedure has expired until the date on which the 
procedure is undertaken;  
(iii) where the procedure under the provisions of the Paten t Act and orders with 
regard to the patent application for which the time limit for undertaking the 
procedure is specified may be undertaken even after the expiration of the time 
limit by which the applicant should undertake the procedure pursuant to the 
provisions of the Patent Act and orders, and the procedure is undertaken: the 
period from the date on which the time limit for undertaking the procedure has 
expired until the day on which the procedure is undertaken;  
(iv) where a disposition or notice under  the provisions of this Act or the Act on 
Special Provisions for Procedures related to Industrial Property Rights  or the 
provisions of orders under these laws (referred to as the Patent Act and related 
laws and regulations in items (viii) and (ix)) is rese rved with regard to the 
patent application due to the applicants request or any other act: the period 
from the date on which the request or any other act was made until the date on 
which the grounds for reserving the disposition or notice cease to exist;  
(v) where a decision to grant a reduction in or exemption from, or a deferment for    
payment of, the patent fees or other fees due to be paid under the provisions of 
the Patent Act and orders is made with regard to the patent application: the 
period from t he date on which an application for the reduction or exemption, or 
deferment for payment was filed until the date on which the decision is made;  
(vi) where a written supplement of the description, etc. under Article 38 -4(7) is 
withdrawn with regard to the patent application: the period from the date on 
which the written supplement of the description, etc. was submitted pursuant 
to paragraph (3) of the said Article until the day on which the written 
supplement of the description, etc. is withdrawn pursuant t o paragraph (7) of 
the said Article;  
(vii) where an appeal against an examiners decision of refusal has been filed with   
regard to the patent application: the period specified in (a) to (c) below 
according to the categories set forth respectively therein:  
(a) where an appeal decision to the effect that a patent is to be granted under 
Article 51 as applied mutatis mutandis pursuant to Article 15 9(3) (including 
the cases where applied mutatis mutandis pursuant to Article 17 4(2)) is made: 
the period from the date on which a certified copy of the examiners decision of 
refusal was served until the date on which a certified copy of the appeal 
decision is served;  
(b) where an appeal decision to order further examination under Article 16 0(1)  (including the cases where applied mutatis mutandis pursuant to Article 
174(2)) is made: the period from the date on which a certified copy of the 
examiners decision of refusal was served until the date on which a certified 
copy of the appeal decision is served; and  
(c) where an examiners decision to the effect that a patent is to be granted under    
Article 51 as applied mutatis mutandis pursuant to Article 16 3(3) is made: the 
period from the date on which a certified copy of the examiners decision of 
refusal was serv ed until the date on which a certified copy of the examiners 
decision to the effect that a patent is to be granted is served;  
(viii) where a determination for a request for review filed under the provisions of    
the Administrative Complaint Review Act (Act No, 68 of 2014) has become final 
and binding with regard to a disposition under the Patent Act and related laws 
and regulations concerning the patent application: the period from the date of 
filing of the request for review until the date on which a cert ified copy of the 
determination is served;  
(ix) where a judgment on an action filed under the provisions of the 
Administrative Case Litigation Act (Act No. 139 of 1962) has become final and 
binding with regard to a disposition under the Patent Act and rela ted laws and 
regulations concerning the patent application: the period from the date of filing 
of the action until the date on which the judgment on the action becomes final 
and binding; and  
(x) where the procedure under the provisions of the Patent Act an d orders is 
suspended or terminated with regard to the patent application: the period 
during which the procedure has been suspended or terminated.  
(4) Where  there is a period during which the patented  invention is unable to be 
worked because approval presc ribed by relevant Acts  that are intended to 
ensure safety, etc. or any other disposition designated by  Cabinet Order as 
requiring  considerable time for its proper execution in light of its purpose , 
procedures, etc., is necessary to be obtained for the work ing of the patented 
invention, the duration prescribed in paragraph (1) (if it is extended pursuant to 
paragraph (2), including the period of extension; the same shall apply in the 
proviso to Article 67 -5(3), Article 68 -2, and Article 10 7(1)) may be extend ed, 
upon the filing an application to register an extension of the duration, by a 
period not exceeding 5  years.  
 
(Registration of Patent Term E xtension ) 
Article 67 -2 (1) A person filing an application to register an extension under   
paragraph (2) of the preceding Article  must  submit a written  application to the 
Commissioner of the  Japan  Patent Office stating the following:  
(i) the name , and the domicile or residence o f the applicant;  
(ii) the patent number;   (iii) the period for which the extension is requested;  
(iv) the number and the filing date of the patent application; and  
(v) the date on which a request for examination of the application was filed.  
(2) The written application under the preceding paragraph shall be accompanied by   
documents stating the basis for the calculation of the period set forth in item (iii) 
of the said paragraph  as provided by Ordinance of the Ministry of Economy, 
Trade  and Industry.  
(3) The application to register an extension under paragraph (2) of the preceding 
Article shall be filed within the period of three months (if a person filing the 
application is unable to file the application within that period due to reason s 
beyond the persons control: within 14 days (in the case of an overseas resident, 
within two months) from the date on which the reasons ceased to be applicable (if 
the period exceeds nine months: within nine months)) from the date of 
registration of estab lishment of the patent right; provided, however, that the 
application may not be filed after the passage of the period prescribed in 
paragraph (1) of the said Article.  
(4) Where a patent right is jointly owned, none of the joint owners may file an 
applicat ion to register an extension under paragraph (2) of the preceding Article 
unless jointly with all the other joint owners.  
(5) Where an application to register an extension under paragraph (2) of the 
preceding Article is filed, the duration prescribed in pa ragraph (1) of the said 
Article shall be deemed to have been extended; provided, however, that this shall 
not apply where the examiners decision to the effect that the application is to be 
refused has become final and binding or where the registration of e xtension 
under paragraph (3) of the following Article has been made.  
(6) Where an application to register an extension under paragraph (2) of the 
preceding Article is filed, matters listed in the items of paragraph (1) shall be 
published in the patent gaze tte. 
 
Article 67 -3(1) Where an application to register an extension under Article 6 7(2) 
falls under any of the following items, the examiner shall render an examiners 
decision to the effect that the application is to be refused:  
(i) where the establishment of the patent right has been registered before the 
base date;  
(ii) the period for which the extension is requested exceeds the extendible period 
regarding the duration of the patent right;  
(iii) where the person filing the applic ation is not the patentee; and  
(iv) where the application does not meet the requirements under paragraph (4) of    
the preceding Article.   (2) Where no reasons for refusal are found for the application to register an 
extension under Article 6 7(2), the examiner shall render an examiners decision to 
the effect that the extension is to be registered.  
(3) Where the examiners decision under the preceding paragraph is rendered, the 
extension shall be registered.  
(4) Where the registration of extension under t he preceding paragraph is made, the   
following matters shall be published in the patent gazette:  
(i) the name and domicile or residence of the patentee;  
(ii) the patent number;  
  (iii) the number and the filing date of the application to register an exten sion 
under Article 6 7(2); 
(iv) the date of the registration of extension;  
(v) the period of extension;  
(vi) the number and the filing date of the patent application; and  
(vii) the date on which a request for examination of the application was filed.  
 
Article 67 -4 Article 4 7(1), Article 50, Article 52 and Article 13 9(excluding item (vii))   
shall apply mutatis mutandis to the examination of an application to register an 
extension under Article 6 7(2). In this case, the term which is being appealed in 
Article 13 9(vi) shall be deemed to be replaced with on the patent application 
regarding the patent right for which an application to register an extension 
under Article 6 7(2) is filed.  
 
Article 67 -5(1) A person (s) filing an application to register an extensio n under 
Article 6 7(4) shall submit an application to the Commissioner of the Patent Office 
stating the following:  
(i) the name, and the domicile or residence of the applicant;  
  (ii) the patent number;  
(iii) the period for which the extension is requested (not exceeding 5 years); and  
(iv) the details  of the disposition designated by Cabinet Order as referred to in  
Article 67 (4). 
(2) A written application as referred to in  the preceding paragraph must  be 
accompanied by materials specifying the grou nds for the extension, pursuant to 
Order of the Ministry of Economy, Trade and Industry.  
(3) An application to register an extension under Article 6 7(4) must  be filed within 
the period  prescribed by Cabinet Order after the issuance of Cabinet Order - 
specif ied disposition  as referred to in  Article 67 (4); provided, however, that the 
written application may not be filed after the passage  of the term  of patent 
prescribed in Article 67 , paragraph  (1). 
(4) Article 67 -2(4) to (6) shall apply mutatis mutandis to  an application to register  an extension under Article 6 7(4). In this case, the term paragraph (3) of the 
following Article in the proviso to Article 67 -2(5) shall be deemed to be replaced  
with Article 67 -7(3), and the term items of paragraph (1)  in Article 67 -2(6) shall 
be deemed to be replaced with items of Article 67 -5(1). 
 
Article 67 -6(1) Where the disposition designated by Cabinet Order under Article 
67(4) is unlikely to be obtained prior to 6 months before the expiration of the 
duration unde r Article 6 7(1), a person filing an application to register an 
extension under Article 6 7(4) shall  submit to the Commissioner of the Patent 
Office , on or before the time limit, a document stating the following:  
(i) the name, and domicile or residence of th e person filing the application;  
(ii) the patent number; and  
(iii) the disposition designated by Cabinet Order as referred to in Article 67 (4). 
(2) Unless the document required that must be submitted pursuant to the preceding 
paragraph is submitted, an application to register an extension under Article 
67(4) may not be filed after six months or less before the expiration of the term of 
the patent right as prescribed in Article 67, paragraph (1).  
(3) Once the document as provided in paragraph (1) is submitted, the matters set 
forth in each item of the paragraph must be published in the patent gazette.  
(4) If a person  that submits a document pursuant to paragraph (1)  is unable to 
submit the document  within the period provided in the paragraph due to reasons 
beyond the person's control, the person may  submit the docu ment  within 14 days 
(if the person is an  overseas resident, within one month) from the date on which 
the reasons ceased to be applicable, but not later than two months following the 
date prescribed in the paragraph, notwithstanding the  provisions of the  
paragraph.  
 
Article 67 -7 (1) If an application to register an extension under Article 6 7(4) falls 
under any of the following items, the examiner must  issue a  decision to the effect 
that the application is to be rejected : 
(i) it is not found to be necessary to receive  the disposition designated by Cabinet 
Order as referred to in  Article 67 , paragraph  (4) for the working of the patented 
invention;  
(ii) the paten tee, or the person with the exclusive license  or a non-exclusive 
license to the patent has not received  the disposition designated by Cabinet 
Order as referred to in  Article 67 , paragraph  (4); 
(iii) the requested length of  the extension exceeds the period during which it was 
not possible to work  the patent invention ; 
(iv) the person filing the application is not the patentee; or 
(v) the application does not meet the requirements stipulated in  Article 67 -2,  paragraph  (4), as applied mutatis mutandis pursuant  to Article 67 -5, 
paragraph  (4). 
(2) If no grounds  for rejection  are found for the application to register an extension  
under Article 6 7(4), the examiner must reach a decision to the effect that the 
extension is to be registered.  
(3) If an examiner's  decision under the preceding paragraph is rendered, the 
extension shall be  registered.  
(4) Whe never  a registration of extension  as referred to in  the preceding paragraph 
is made, the following matters must  be published in the patent gazette:  
(i) the name and the domicile or residence of the patentee;  
(ii) the patent number;  
(iii) the number and filing date of the application to register a patent te rm 
extension  under Article 6 7(4); 
(iv) the date of the registration of the extension;  
(v) the length  of the extension; and  
(vi) the contents of the disposition designated by Cabinet Order as referred to in  
Article 67 (4). 
 
Article 67 -8 The first sentence of  Article 67 -4 shall  apply mutatis mutandis to the 
examination of an application to register an extension  under Article 6 7(4). In this 
case, the term item (vii) in the first sentence of Article 67 -4 shall be deemed to be 
replaced with items (vi) and (vii). 
 
(Effect of Patent Right) 
Article 68 The patentee has an exclusive right to work the patented invention in the 
course of trade ; provided, however, that if the patentee grants  an exclusive 
license to the patent,  this does  not apply to the extent of the exclusive licensee 's 
exclusive  work the patented invention  under the license . 
 
(Effect of Patent Right in the Case of Term  Extension  under Article 67(4) ) 
Article 68 -2 Where  the duration prescribed in Article 6 7(1) is extended under 
Article 6 7(4) (including the case where the duration  is deemed to have been 
extended under the main clause of Article 67 -2(5) as applied mutatis mutandis 
pursuant to Article 67 -5(4)), such patent right shall  not be effective against any 
act other than the working of the patented invention for the product which  was 
the subject of the disposition designated by Cabinet Order unde r Article 67 (4) 
which constituted the reason  for the registration of extension ( where  the specific 
usage  of the product is prescribed by the disposition, the product used for that 
usage).  
  (Limitations of Patent Right) 
Article 69  (1) A patent right is not effective against the working of the patented 
invention for experimental or research purposes.  
(2) A patent right is not effective against the following products:  
(i) vessels or aircraft  merely passing through Japan, or machines, apparatus, 
equipment or other products used in them ; and  
(ii) products present  in Japan prior to the filing of the patent application.  
(3) A patent right for a medical  invention (medicine meaning  a product used in the 
diagnosis, therapy, treatment or prevention of a human dise ases; hereinafter the 
same applies  in this paragraph) that is  to be manufactured by two or more 
medicines being mixed together or for the invention of a process by which  a 
medicine is manufactured by two or more medicines being mixed together has  not 
effec t against the act of preparation of a medicine as per a physician' s or dentist' s 
prescription nor against  medicine prepared as per a physician s or a dentist' s 
prescription.  
 
(Technical Scope of Patented Invention ) 
Article 70  (1) The technical scope of a pa tented invention must  be determined based 
upon the statements in the claims attached to the written application.  
(2) In the case referred to in  the preceding paragraph, the meaning s of terms used 
in the claims are to  be interpreted in consideration of the statements in the 
description and drawings attached to the written application.  
(3) In the case referred to in  the preceding two paragraphs, statements in the 
abstract attached to the written application must  not be taken into consideration.  
 
Article 71  (1) A request may be made to the Japan  Patent Office for an advisory 
opinion on the technical scope of a patented invention.  
(2) If a request under the preceding paragraph is filed , the Commissioner of the 
Japan  Patent  Office must  designate three administrative patent judges to provide  
an advisory opinion on the requested matter.  
(3) Article  131, paragraph (1), the main clause of Article 131-2, paragraph (1), 
Article 132, paragraphs (1) and (2), Articles 133 and 133-2, Article 134, 
paragraphs (1), (3) and (4), Article 135, Article 136, paragraphs (1) and (2), 
Article 137, paragraph (2), Articles 138, 139  (excluding item  (vi) and (vii)),140 
through  144, Article 144-2, paragraphs (1) and (3) through  (5), Article 145, 
paragraphs (2) through  (7), Article 146, Article 147, paragraphs (1) and (2), 
Article 150, paragraphs (1) through  (5), Articles 151 through  154, Article 155, 
paragraph (1), Article 157, and Article  169, paragraphs (3), (4) and (6) apply 
mutatis mutandis to the advisory opinion referred to in  paragraph (1). In this 
case, the term "decision  on the trial or appeal"  in Article 135 is deemed to be 
replaced with "ruling ", the phrase "Trials and appeals, excluding those provided  for in the preceding paragraph ," in Article 145 , paragraph (2) is deemed to be 
replaced with "Proceedings  for advisory opinion ", the term "open proceedings 
could disrupt the  public policy"  in the proviso to Article 145 , paragraph (5) is 
deemed to be replaced with "if a chief administrati ve judge finds  it necessary ", 
the term "Article 147 " in Article 151 is deemed to be replaced with "Article 147 , 
paragraphs (1) and (2 )", and  the phrase "up until a  decision on the trial or appeal 
becomes final and binding " in Article 155 , paragraph (1) is deemed to be replaced 
with "up until  the certified copy of the written advisory opinion is served ". 
(4) No appeal may be filed  against a ruling under Article 135 to be applied mutatis 
mutandis following the deemed of terms pursuant to  the preceding paragra ph. 
 
Article 71 -2 (1) If the Commissioner of the  Japan  Patent Office is commissioned by 
the court for the provision of an expert opinion on the technical scope of a 
patented invention, the commissioner must  appoint three administrative judges 
and direct th em to provide an expert opinion on the requested matter.  
(2) Article  36, paragraphs (1) and (2), Article 137, paragraph (2) and Article 138 
apply mutatis mutandis to the commissioning of the provision of an expert 
opinion as referred to  in the preceding paragraph.  
 
(Relat ionship  to Patented Inventions of Another  Party ) 
Article 72 If a patented invention uses another person's  patented inven tion, 
registered utility model, registered design or design similar thereto for which an 
application was filed prior to the date of filing of the patent application, or If the 
patent right is in conflict with another person's  design right or trademark righ t 
for which  an application was filed prior to the date of filing of the patent 
application, the patentee, exclusive licensee or non -exclusive licensee  may not 
work the patented invention in the course of trade . 
 
(Jointly -owned Patent Rights ) 
Article 73  (1) If a patent right is jointly owned, no joint owner may transfer  or 
establish a right of pledge on the joint owner's  own share without the consent of 
all the other joint owners.  
(2) If a patent right is jointly owned, unless otherwise agreed upon in a contract, 
each of the joint owners of the patent right may work the patented invention 
without the consent any other joint owner . 
(3) If a patent right is jointly owned, no joint owner may establish  an exclusive 
license or grant a non-exclusive license on the patent right to any third party 
without the consent of all the other joint owners.  
 
(Special Provisions on the  Transfer  of a Patent Right) 
Article 74  (1) If a patent falls under the requirements prescribed  in Article 123 ,  paragraph  (1), item (ii) (but only if  the patent is obtained in violation of Article 
38) or the requirements prescribed  in item (vi) of that paragraph, the person that 
has the right to the grant of the  patent for the invention pertaining to the patent 
may request that the patentee tran sfer the patent right as provided by Order of 
the Ministry of Economy, Trade and Industry.  
(2) If the transfer of a patent right is registered based on the request under the 
preceding paragraph, the patent right is deemed to have belonged to the person 
that has had this  regist ered from the beginning. The same applies  to the right to 
claim compensation under Article 65 , paragraph  (1) or Article 184 -10, paragraph  
(1) for the invention so patented . 
(3) Paragraph (1) of the preceding Article does  not apply when the share of a jointly 
owned patent right is transferred based on the request under paragraph (1).  
 
Article  75 Deleted  
 
(Forfeiture  of a Patent Rights  in Absence  of an Heir) 
Article 76 A patent right is forfeited when no person asserts the right to it as an 
heir within the period referred to in Article 958 of the Civil Code.  
 
(Exclusive License s) 
Article 77  (1) The patentee may grant an exclusive license to the patent right.  
(2) The exclusive licensee has an exclusive right to work the patented invention in 
course of trade  to the extent specified in  the contract granting that license.  
(3) An exclusive license may be transferred only if the business linked to  the 
working of the relevant invention is also tr ansferred, with  the consent of the 
patentee , or as a result of general succession including inheritance.  
(4) An exclusive licensee may establish a right of pledge or grant a non -exclusive 
license under that  exclusive license to a third party only with  the consent of the 
patentee.  
(5) Article 73 applies  mutatis mutandis to exclusive license . 
 
(Non -exclusive license s) 
Article 78  (1) The patentee may grant another party a non -exclusive license to the 
patent right.  
(2) A non -exclusive licensee has a right to work the patented invention in the course 
of trade  to the extent prescribed in this Act or specified in  the contract granting 
the license.  
 
(Non -exclusive License Based  on Prior Use) 
Article 79 A person that, wit hout knowing the details  of the invention described  in 
a patent application  personally makes an identical invention or that learns of  such an invention from  a person that, without know ing the details  of the 
invention described  in a patent application, personally makes an identical 
invention ; and that is engaging  or preparing to engage in business that involves  
the working of the invention in Japan at the time of the patent application  is 
filed, has  a non -exclusive license under  the patent right, but only within  the 
extent of the invention that the person  is working or preparing to work and 
within the purview of the business  purpose.  
 
(Non -exclusive License based on  the working of an Invention Prior to the 
Registration  of Transfer  of a Patent Right) 
Article 79 -2 If before the transfer of a patent right  is registered , the person holding 
that patent at the time of its transfer is registered based on a request under  
Article 74 , paragraph  (1) or a person holding an exclusive license under  the 
patent right , or a non -exclusive license under  the patent right, or under the 
exclusive license at the time of its transfer is regist ered based on a request 
pursuant to Article 74 , paragraph  (1) has been engaging or preparing to engage 
in business that involves the working of the  invention in Japan, w ithout that 
without know ing that the patent falls under the requirements prescribed  in 
Article 123 , paragraph  (1), item (ii) (but only if  the patent was obtained in 
violation of Article 38) or the requirements provided in item (vi) of the paragraph, 
the pe rson has a non -exclusive license under  the patent right only within  the 
extent of the invention that the person has been work ing or prepar ing to work 
and within the purview of that business  purpose.  
(2) The patentee has a right to receive reasonable compen sation  from a person that 
holds a  non-exclusive licensee pursuant to  the preceding paragraph.  
 
(Non -exclusive License Based on  the working of the Invention Prior to 
Registration  of a Request  for a Trial for  Invalidation ) 
Article 80  (1) If, before  a request for a  trial for patent  invalidation  is registered, a  
person falling under any of the following items  has been engaging or  preparing to 
engaging in business that involves the working of an invention in Japan, without 
knowing  that the patent falls  under any of the items  of Article 123 , paragraph  
(1), that person has  a non -exclusive license under  the invalidated patent right or 
under the exclusive license existing that exists at the time of its invalidation, 
only within  the extent of the invention that the person has been working  or 
prepar ing to work and within the purview of that business purpose:  
(i) the original patentee , if one of the two or more patents granted for the same 
invention is invalidated;  
(ii) the original patentee , if, after a patent  is invalidated, a patent is granted to 
the person that is entitled to obtain a patent for the same invention; or 
(iii) in the cases referred to in items (i) and (ii), a person that, at the time of the  registration of the request for a trial for patent  invalidation, has an exclusive 
license under  the patent right to be invalidated, or a non -exclusive license 
under  the patent right or exclusive license on the patent right.  
(2) The patentee or the exclusive licensee is entitled  to receive reasonable 
compensation  from the non -exclusive licensee pursuant to  the preceding 
paragraph.  
 
(Non -exclusive License  after the Expiration  of the Term  of a Design Right) 
Article 81 If a design right connected with an application for a design registration  
which is filed on or before the filing date of a patent application is in conflict 
with the patent right that the patent application  is for , upon the passage  of the 
term  of the design right, the original holde r of the design right has a non -
exclusive license under  the patent right or under  the exclusive license that exist s 
at the time of the pa ssage  of the term  of the design right, within  the scope  of the 
original design right.  
 
Article 82  (1) If a design right  connected with an application for a design 
registration which is filed on or before the filing  date of a patent application is in 
conflict with the patent right that the patent application  is for , once the term  of 
the design right  expires, any  person that has an  exclusive license on the design 
right, or a non -exclusive license on that design right or on an exclusive license on 
that design right  at the time the term  of the design right  expires,  has a non -
exclusive license under  the patent right or under  any exclusive license that exist s 
at the time the term  of the design right  expires , within  the scope  of the original 
right.  
(2) The patentee or the exclusive licensee is entitled  to receive reasonable 
compensation  from a non-exclusive  licensee pursuant to  the preceding paragraph.  
 
(Award Granting a Non-exclusive License if an  Invention  is not Worked ) 
Article 83  (1) If a patented invention has not been sufficiently and continuously 
worked for three  years or longer in Japan, a person intending to work the 
patented invention may request the patentee or the exclusive licensee to hold 
discussions toward an agreement  to grant the person  a non -exclusive license; 
provided, however, that this does  not apply  unless four years have passed since  
the filing date of the patent application for the patented invention.  
(2) If no agreement is reached by discussions  or no discussions toward such an 
agreement  are able to be held as referred to  in the preceding paragrap h, the 
person intending to work the patented invention may request the Commissioner 
of the Japan  Patent Office to grant  an award.  
 
(Submission of a Written Answer )  Article 84 If a request for the award is filed as referred to in  Article 83 , paragraph  
(2), the Commissioner of the Japan  Patent Office must  serve a copy of the written 
request on the patentee or exclusive licensee that the request  concerns , and any 
other person with  a registered right under  the patent, and give that person an 
opportunity to subm it a written answer  within  a reasonable  specified period of  
time.  
 
(Statement of Opinions  of Non-exclusive Licensee s) 
Article 84 -2 If a request for the award is filed as referred to in  Article 83 , paragraph  
(2), a person with a non -exclusive license under  the patent may state an opinion 
about  the request for the award within the period  providing for in  the preceding 
Article.  
 
(Hearing of Opinions  of a Council)  
Article 85  (1) Before  rendering an award as referred to in  Article 83, paragraph  (2), 
the Commissioner of the Japan  Patent Office must  hear the opinions of the 
council or other body  (meaning  organs provided for in Article 8 of the National 
Government Organization Act (Act No. 120 of 1948 )) that is provided for  by 
Cabinet Order.  
(2) If there is a justifiable reason that the patented invention  has not been 
sufficiently work ed, the Commissioner of the Japan  Patent Office may not award 
a non -exclusive license.  
 
(Formal Requirements  for Award s) 
Article 86  (1) The award referred to in Article 83 , paragraph  (2) must  be rendered 
in writing and the reasons for that award must be given . 
(2) The following matters must  be determined in an award of a non -exclusive 
license:  
(i) the scope of the non -exclusive license being granted; and  
(ii) the amount of compensation , and the method and time for its  payment 
thereof.  
 
(Service of a Certified Copy of an A ward ) 
Article 87  (1) Upon  rendering an award as referred to in Article 83 , paragraph  (2), 
the Commissioner of the Japan  Patent Office must serve a certified copy of the 
award on the parties, on non-parties with  registered rights under  the patent , and 
on non-exclusive licensee that have stated an opinions pursuant to  Article 84 -2. 
(2) Once  a cert ified copy of the award granting  the non -exclusive license is served 
on the parties pursuant to  the preceding paragraph, an agreement as prescribed 
in the award is deemed to have been reached between the parties.  
  (Deposit of Compensation ) 
Article 88 A per son that is  required to pay the compensation referred to in  Article 
86, paragraph  (2), item (ii) must  deposit that compensation  in the following cases:  
(i) where the performance  of consideration has been provided, and the person (s) 
entitled to the consideration refuses  such consideration ; 
(ii) where the person (s) entitled to the consideration  is unable to receive such 
consideration ; 
(iii) where  an action with respect to the consideration is instituted under Article 
183(1); or 
(iv) a right of pledge is established on the patent right or the exclusive license; 
provided, however, that this does  not apply if the consent of the pledgee is 
obtained.  
 
(Forfeiture  of an A ward ) 
Article 89 If a person  seeking  a non -exclusive license fails to pay or deposit 
compensation  (or if the compensation  is to be paid periodically or by installments, 
fails to pay the first installment ) by the due date for  payment fixed  in the award 
referred to in  Article 83 , paragraph  (2), the award to the effect that a non -
exclusive license is to be granted loses its effect.  
 
(Rescission of an A ward ) 
Article 90  (1) If after the Commissioner of the Japan Patent Office award s a non -
exclusive license pursuant  to Article 83 , paragraph  (2), it becomes inappropriate 
to preserve  the award because  the grounds for the award ing it  have ceased to 
exist or for any other reason, or  the person that was granted the non -exclusive 
license does not sufficiently  work the patented invention, the Commissioner may 
rescind that award  upon the request of an interested person or by the 
commissioner's  own authority . 
(2) Articles 84  and 84-2, Article 85, paragraph (1), Article 86, paragraph (1), and 
Article  87, paragraph (1) apply mutatis mutandis to the rescission of an award as 
under the preceding paragraph and Article 85 , paragraph  (2) applies  mutatis 
mutandis to the rescission of an award  under the preceding paragraph when the 
person that was granted the  non-exclusive license does not sufficiently  work the 
patented invention.  
 
Article 91 A non -exclusive license is forfeited if a ruling is rescin ded as  under 
Article 90 , paragraph  (1). 
 
(Restriction on the G rounds  for Objection  to an A ward )  Article 91 -2 No request for rev iew under the provisions of the  Administrative 
Appeal s Act in respect of an  award under Article 83 , paragraph  (2) dissatisfaction 
with the compensation fixed in the award may not be used as grounds for protest . 
 
(Award Granting a Person a N on-exclusive License  to work That Person 's Own 
Patented Invention ) 
Article 92  (1) If a patented invention falls under one of the cases provided for in 
Article 72, the patentee or exclusive licensee may request the other person that is 
referred to in that  Article to hold discussions  toward  an agreement to  grant  the 
patentee or licensee  a non -exclusive license to work that person 's patented 
invention or to hold discussions toward an agreement to grant the patentee or 
licensee a non -exclusive license under  the u tility model right or the design right.  
(2) The other person that is referred to in Article 72 if requested to hold discussions 
toward the agreement  referred to in  the preceding paragraph , may request the 
patentee or exclusive licensee that is requesting that person 's agreement  to hold 
discussions  toward an agreement to  grant the person  a non -exclusive license 
within  the scope  of the patented invention that the patentee or exclusive license e 
intend to work as a result of the person 's agreement to grant  a non -exclusive 
license under  the relevant  patent right, utility model right or design right.  
(3) If the agreement referred  to in paragraph (1 ) is not reached or if discussions 
toward such an agreement cannot held,  the patentee or the exclusive licensee 
may file a request to be awarded a non -exclusive license by the Commissioner of 
the Japan  Patent Office.  
(4) If the agreement referred  to in paragraph (2) is not reached or discussions 
toward su ch an agreement and a request for the award referred to in  the 
preceding paragraph  is filed , the other person that is referred to in  Article 72 
may file a request to awarded a non -exclusive license by the Commissioner of the 
Japan  Patent Office , but  only within the period that the commissioner has 
designated for the  person to  submi t a written answer , pursuant to  Article 84 as 
applied mutatis mutandis pursuant to  paragraph (7).  
(5) In the case as referred to in  paragraph (3) or (4), the Commissioner o f the  Japan  
Patent Office may not render an award granting a non -exclusive license if 
granting a non-exclusive license would  be unreasonably prejudicial to interest s of 
the other person that is referred to in  Article 72, the patentee or the exclusive 
licen see. 
(6) Other than i n the case as prescribed  in the preceding paragraph, if the 
Commissioner of the Japan  Patent Office does  not render an award granting  a 
non-exclusive license pursuant to a request for the  award referred to in 
paragraph (3), the commiss ioner may not render an award granting  a non -
exclusive license in a case as referred to in paragraph ( 4). 
(7) Articles 84  and 84-2, Article 85, paragraph (1), and Articles 86 through the  preceding Article apply mutatis mutandis to an award as referred to in  paragraph 
(3) or (4).  
 
(Award Granting a Non-exclusive License  in the P ublic Interest ) 
Article 93  (1) If the working of a patented invention is particularly necessary to the 
public interest, a person intending to work the patented invention may request 
the patentee or the exclusive licensee to hold discussions toward an agreement  to 
grant  the person  a non -exclusive license.  
(2) If the  agreement referred  to in the preceding paragraph  is not reached or if 
discussion toward such an agreement cannot be held , the person intending to 
work the patented invention may request the Minister of Economy, Trade and 
Industr y to grant  an award.  
(3) Articles 84  and 84-2, Article 85, paragraph (1), and Articles 86 through 91 -2 
apply mutatis mutandis to the award referred to in  the preceding paragraph.  
 
(Transfer of a Non-exclusive License ) 
Article 94  (1) Except for a non -exclusive license granted by an award as referred to 
in Article 83 , paragraph  (2), Article 92, paragraph (3) or (4), or Article 93, 
paragraph (2) of the Patent Act, Article 22 , paragraph  (3) of the Utility Model 
Act, or Article 33 , par agraph  (3) of the Design Act, a non -exclusive license may be 
transferred only if business involving the working of the relevant invention is 
also transferred, the consent of the patentee (in the case of a non-exclusive 
license under  exclusive license, the patentee and the exclusive licensee) is 
obtained , or as a result of general succession including inheritance.  
(2) Except for a non -exclusive license granted by an award as referred to in  Article 
83, paragraph  (2), Article 92, paragraph (3) or (4), or Artic le 93, paragraph (2) of 
the Patent Act, Article 22 , paragraph  (3) of the Utility Model Act , or Article 33 , 
paragraph  (3) of the Design Act, a non -exclusive licensee may establish a right of 
pledge on the non -exclusive right only when the consent of the patentee (or  ,if it 
is a non-exclusive license under  exclusive license, the patentee and the exclusive 
licensee) is obta ined.  
(3) A non -exclusive license under  an award as referred to in Article 83 , paragraph  
(2), or Article 93, paragraph (2) may be transferred only if the business linked to  
the working of the relevant invention is also transferred.  
(4) A non-exclusive lice nse under an award as referred to in  Article 92 , paragraph 
(3) of the Patent Act, Article 22 , paragraph  (3) of the Utility Model Act , or Article 
33, paragraph  (3) of the Design Act, is transferred if the patent right, utility 
model right or design right of  the non -exclusive licensee under  which the non -
exclusive license is licensed is transferred together with the business linked to  
the working of the invention ; and is forfeited  if the patent  right utility model, or 
design  right is transferred or forfeited  independently of the business  linked the  working of the invention . 
(5) A non -exclusive license under the  award referred to in Article 92 , paragraph  (4) 
is transferred together with the patent right, utility model right or design right 
under  which the non -exclusive licensee  is licensed  and is forfeited if  the patent 
right, utility model right , or design right is forfeited . 
(6) Article 73 , paragraph  (1) appli es mutatis mutandis to a non-exclusive license . 
 
(Right of Pledge ) 
Article 95 Unless otherwise stipulated  by contract, if a right of pledge is established 
on a patent right, exclusive license or non -exclusive license, the pledgee may not 
work the patented invention.  
 
Article 96 A right of pledge on a patent right, exclusive license or non -exclusive 
license may be exercised against any compensation  to be paid for the patent 
right, exclusive license or non -exclusive license or any money or goods to be 
receive d by the patentee or the exclusive licensee for the working of the patented 
invention; provided, however, that the pledgee must  seize  the compensation , 
money or goods prior to the payment of money or delivery of goods.  
 
(Waiver of Patent Right)  
Article 97  (1) If there is an exclusive licensee or a pledgee, the patentee may waive the 
patent right, only with the consent of those persons.  
(2) If there is a pledgee , or a non-exclusive licensee provided in Article 77 , 
paragraph  (4), the exclusive licensee may waive the exclusive license, only if the 
consent of the pledgee or non -exclusive licensee is obtained.  
(3) If there is a pledgee, a non -exclusive licensee may waive the non -exclusive 
license, only if the consent of the pledgee is ob tained.  
 
(Effect of Registration ) 
Article 98  (1) The following matters must be registered to take effect:  
(i) the transfer of a patent (other than due to  inheritance or other  general 
succession) , its modification under a  trust, forfeiture  due to waiver , or 
restriction on its dispos al; 
(ii) the grant, of an exclusive license, its transfer ( other than due  inheritance or 
other  general succession ), modification , forfeiture  (other than due to  merger 
or to forfeiture  of the patent right ), or a restriction on its dispos al; and  
(iii) the grant of a pledge on a patent or exclusive license, the  transfer of such a 
pledge  (other than due to inheritance or other  general succession ), its 
modification , forfeiture (other than due to  merger or the extingui shment of 
the claim  secured thereby ), or a restriction on its dispos al. 
(2) If general succession including inheritance as referred to in one of the items of  preceding paragraph takes place,  notifi cation of this  must  be filed with  the 
Commissioner of the Japan  Patent Office without delay.  
 
(Perfection of a Non-exclusive License ) 
Article 99 A non-exclusive license is valid against  a person that subsequently 
acquires the patent  or the exclusive licensee, or acquires  an exclusive license 
under  the patent right.  
 
Section 2 Infringement of rights  
 
(Right to demand an  Injunction ) 
Article 100 (1) A patentee or exclusive licensee may file a claim against  a person 
that infringes or is likely to infringe the patent right or exclusive license for the 
cessation  or prevent ion of the  infringement.  
(2) In filing the claim  under the preceding paragraph, the patentee or exclusive 
licensee may demand measures necessary for the p revention of infringement , 
including the disposal of products constituting the act of infringement ( if the 
patented invention is a process by which a  product  is produced , this includ es 
articles  produced through  infringement; the same applies  in Article 102 , 
paragraph  (1)) and the removal of equipment  used to infringe . 
 
(Acts Deemed to Constitute Infringement ) 
Article 101 The following acts are deemed to constitute infringement of a patent 
right or violation of an exclusive license:  
(i) if a patent is granted on an invention that is  a product, producing, 
transferr ing, etc., importing or offering to transfer , etc. in course of trade, any 
article  whose  only use is to produc e that product;  
(ii) if a patent is granted  on an invention of a product, producing, transferring , 
etc., importing or offering for transfer , etc. in the course of trade, any article  
(excluding those widely distributed within Japan) that is  used in the produc tion 
of the product and is indispensable for the resolution of the problem by the 
invention , with know ledge  that the invention is a patented invention and that 
the article  is used for the working of the invention;  
(iii) if a patent is granted on an invention that is  a product, possessing the 
product for the purpose of transferring , etc. or exporting it in the course of 
trade ; 
(iv) if a patent is granted on an invention that is  a process, acts of producing, 
transferring , etc., importing or offering for transfer , etc., in the course of trade  
any article whose only  use is in that  process; and  
(v) if a patent is granted on an invention that is  a process, producing, 
transferring , etc., importing or offering for transfer , etc. in course of trade,  any  article  (excluding  those widely distributed within Japan) that is  used in that 
process and is indispensable for the resolution of the problem by the invention, 
with know ledge  that the invention is a patented invention and that the article  
is used in the working of the invention;  
(vi) if a patent is granted on an invention that is  a process for producing a 
product, acts of possessing the product produced by that process for the purpose 
of transferring , etc. or exporting it in the course of trade . 
 
(Presumption of the Value  of Damage ) 
Article 102(1) Whe re a patentee or an exclusive licensee claims against an infringer 
compensation for damage sustained as a result of  the intentional  or negligent  
infringement  of the patent right or exclusive license, and the infringer assigned  
articles  that constitute the act of infringement, the amount of damage s sustained  
by the patentee or the exclusive licensee may be presumed to be the total of the 
amounts written in each of the following items.  
(i) the amount of profit per unit of the product(s) which would have been sold by 
the patentee or the exclusive licensee if there had been no such ac t of 
infringement, multiplied by the portion not exceeding the quantity (if there are 
circumstances due to which the patentee or the exclusive licensee would have 
been unable to sell the quantity  of products equivalent to all or part of the 
portion, the qu antity  due to such circumstances (referred to as specified 
quantity in the next item) shall be deducted ) proportionate to the ability of the 
patentee or the exclusive licensee to work the products (referred to as working 
equivalent quantity in the same ite m) within the quantity of products assigned 
by the infringer who has committed the infringement of the patent right or 
exclusive license (referred to in the next item as assigned quantity) ;  
(ii) the amount equivalent to the amount of money to be  received for the working  
of the patented invention relating to the patent right or exclusive license 
according to the quantity in the case where there is a quantity that exceeds the 
working  equivalent quantity within  the assigned quantity, or a specified 
quantity (except in the case where it is not recognized that the patentee  or the 
exclusive licensee would have been able to establish the exclusive license or 
grant a non -exclusive license on the patent  right of the patentee , or grant a 
non-exclusive license on the exclusive license of the exclusive licensee ). 
(2) If a patentee or exclusive licensee claims compensation for dama ges that the 
patentee  or licensee personally incurs due to  infringement , against a person  that,  
intentional ly or due to negligen ce, infringes  the patent or violates the exclusive 
license, and the infringer has made a profit  from the infringement, the amoun t of 
that profit  is presumed to be the value  of damage s incurred  by the patentee or 
exclusive licensee.  
(3) The patentee or exclusive licensee may fix the value  of the damages that the   patentee or licensee has personally incurred as being equivalent to  the amount  of 
money  the patentee or exclusive licensee would have been entitled to receive for 
the working of the patented invention , and may claim  compensation for this 
against a person that, intentionally or due to negligen ce, infringes the patent or  
violates the  exclusive license . 
(4) When a court determines the amount equivalent to the amount of money to be r  
eceived for the working  of the patented invention p rovided in paragraph (1) item 
(ii) and the preceding paragraph, the court may take into consideration 
compensation which the patentee or the exclusive licensee would  obtain if the 
patentee or the exclusive licensee agreed on the compensation of the working  of 
the patented invention relating to the patent right or the exclusive license with 
the infringer on the premise that the patent right or exclusive license had been 
infringed . 
(5) The paragraph  (3) shall  do not preclude  any claim to  compensation for dama ges 
in excess of  the amount provided for therein. In this case, the court may consider  
the absence  intent or gross negligence, by the person that has infringed the 
patent or violated the exclusive license in fixing  the amount of damages.  
 
(Presumption of Negligence ) 
Article 103 A person that infringes  another person 's patent or violates  another 
person' s exclusive license is presum ed to be negligent in having infringed or 
violated it . 
 
(Presumption of Produc tion Process ) 
Article 104 If a patent is granted on an  invention that is  a process for producing a 
product and the product was not publicly known in Japan prior to the filing of the 
patent application, any article  identical to that  product is presumed to have been 
produced using  the patented process.  
 
(Obligation to Clarify Specific Circumstances ) 
Article 104 -2 In litigation involving  the infringement of a patent or violation of an 
exclusive license, if the adverse party denies  the specific circumstances of the 
thing that the patentee or exclusive licensee asserts to be the  infring ing article or 
process, the adverse party must  clarify the specific circumstances  of the adverse 
party' s own action; provided, however, that this does  not apply if there are 
reasonable grounds for the adverse party not being able to clarify these . 
 
(Restriction on Exercise of Rights by the P atentee)  
Article 104 -3 (1) If it is found , in litigation involving  the infringement of a patent 
right or the violation an exclusive license, that the patent should be invalidated 
through a trial for patent  invalidation or that the registration of patent term  extension should be invalidated through  a trial for invalidation concerning  the 
registration of  a patent term  extension, the rights of the patentee or exclusive 
licensee may not be exercised against the adverse party.  
(2) If an  allegation or  evidence  as under the preceding paragraph  is found to have 
been  submitted for the purpose of unreasonably delaying the proceedings, the 
court  upon a motion or by its own authority , may rul e to dismiss  it. 
(3) Article 123 , paragraph  (2) does  not preclude a person other t han a person that 
may file a request for a trial for patent invalidation on the patented invention 
from submitting a method of allegation or evidence under  paragraph (1).  
 
(Limitation on A ssertion s) 
Article 104 -4 (1) If one of  the following ruling or decis ion on a trial or appeal has 
become final and binding after a final judgment becomes final and binding in  
litigation involving the  infringement of a patent right ,the violation of an 
exclusive license , or a claim for the payment of compensation as provided  in 
Article 65 , paragraph  (1) or Article 184 -10, paragraph  (1), a person that was a 
party to the litigation may not assert  that the trial or appeal  in respect to  the 
final judgment (including in any action claim ing compensation for damage s 
against the obligee in the  case involving a  provisional seizure order in which 
the litigation is the principal matter at issue, or in any action claim ing 
compensation for damage s and the restitution  for unjust enrichment against an 
obligee in a case invol ving a  provisional disposition order in which that 
litigation is the principal matter issue ): 
(i) a ruling to the effect that the patent is to be revoked or a decision on the trial 
or appeal to the effect that the patent is to be invalidated;  
(ii) a decisi on on the trial or appeal invalidating the registration of the patent 
term  extension;  
(iii) a ruling or  a decision on the trial or appeal as provided by Cabinet Order 
correcting  the description  claims or drawings attached to the written  
application for the  grant of a patent.  
 
(Submission  of Documents)  
Article 105  (1) In litigation involving  the infringement of a patent or the violation of 
an exclusive license, the court,  at the  motion of a party, may order a party to 
submit  documents that are need ed to prove the infringement or to calculate the 
damage s caused by  the infringement; provided, however, that this does  not apply 
if the person in possession  of the document has a legitimate reason  for refusing to  
submit  them. 
(2) When the court finds it necessary for determining  whether or not the documents 
concerning  the motion under the main clause of the preceding paragraph fall 
within the scope of documents referred to in the main clause of the said  paragraph or whether or not there are reasonable grounds  as provided in the 
proviso to the preceding paragraph, the court may cause  the person possessing  
the documents to present such documents.  In such a  case, no person may request 
the disclosure of the documents  presented.  
(3) In the case referred to in  the preceding paragraph, when the court finds that it 
is necessary disclos e a document referred to in the second  sentence of the 
preceding paragraph and hear opinions as to whether or not the documents 
concerning  the motion under the main clause of paragraph (1) fall within the 
scope of documents referred to in the main clause of the said paragraph or  a 
party has a legitimate reason as provided in the proviso to the said paragraph ,, 
the court may disclos e the documents to the parties, etc. ( meaning the parties (or, 
if a party is a corporation, its agents )other parties ' agents  (other than litigation 
representatives  and assistant s in court ), employees and other workers ; the same 
applies  hereinafter), their litigation representatives,  or  
(4) In  the case of paragraph (2), where the court deems it necessary to hear an 
explanation based on expert knowledge by disclosing the documents as provided  
in the latter sentence of paragraph (2), the court may disclose the documents to 
technical advisors (as provided in Part I, Chapter V, Section 2, Subsection 1 of 
the Code of Civil Procedure, and the same as 105 -2-6(iv)) with the consent of the 
parties . 
(5) The preceding paragraphs apply mutatis mutandis to the presentation of the 
object  of any inspection that is necessary for  prov ing the relevant  infringement in 
litigation invol ving the infringement of a patent or exclusive license.  
 
(Order of investigation to  the investigator ) 
Article 105 -2(1) In a lawsuit relating to infringement of a patent right or exclusive 
license, the court may hear the other party ’s opinion and order investigators to 
investigate when it is deemed there is a sufficient reason to suspect the other 
party has infringed the patent right or exclusive license if it is deemed that it is 
necessary to collect evidence by making confirmations,  taking actions, 
measurements, experiments, and other measures on documents, equipment, and 
other things (hereinafter referred to as documents, etc.) owned or managed by the 
other party and it is likely that the petitioners cannot collect such evidence or 
carry out any other measure by themselves to determine whether there are facts 
to be proven or not, upon the petition of the parties. However, this shall not apply 
when it is deemed inappropriate due to the time required to collect such evidence, 
the burde n on the party to be investigated, or other reasons.    (2) A petition for the investigation shall be conducted in writing specifying the 
following matters:   
(i) the reason why there is sufficient reasoning to suspect the other party has 
infringed the patent  right or the exclusive license;  
(ii) matters that are necessary in order to specify documents, etc. that are subject to 
investigation, and the locations of said documents, etc.;  
(iii) the relationship between the facts to be proven and the evidence obtain ed by 
these facts and the investigations;  
(iv) reasons why petitioner cannot collect the evidence prescribed in the preceding 
item by the petitioner or by other means;  
(v) measures pertaining to the permission and the necessity thereof when the 
permission of the court is intended to be granted as set forth in Article 105 -2-4(2). 
(3) The court may cancel the order if it is deemed that it is not appropriate to 
conduct an investigation  for reasons set forth in the proviso of paragraph (1) after 
having made an order pursuant to the provisions in paragraph (1).  
(4) An immediate appeal may be filed against a decision on the petition of an order 
of an investigation.  
 
(Designation of invest igator, etc.)  
Article 105 -2-2(1) Investigations shall be conducted by the investigator.  
(2) The investigator shall be designated by the court.  
(3) The court may order an enforcement officer to provide the necessary assistance 
for the investigator upon the petition of the parties when it is deemed necessary 
for a more efficient investigation.  
 
(Challenge)  
Article 105 -2-3(1) Under the circumstances that prevent the investigator from 
investigating in good faith, the parties may challenge the investigation before the 
investigation is conducted by the investigator. Even if the investigation is carried 
out by the investigator, in the case where the cause of a challenge arises or the 
parties come to know the cause after the investiga tion, the same shall apply.  
(2) The provisions of Articles 21 4(2) to (4) of the Code of Civil Procedure shall apply 
mutatis mutandis to the petition for any challenges under the preceding 
paragraph and the decision thereto. In this case the court of the su it, the 
authorized judge, or the commissioned judge in paragraph (2) of the same article 
shall be deemed to be replaced with as court.  
 
(Investigation)  
Article 105 -2-4(1) When an order pursuant to the provision of Article 105 -2(1) is 
issued, the investigat or shall conduct an investigation, and create and submit to  the court a report on the results (hereinafter referred to as the Investigation 
report).  
(2) When the investigator conducts an investigation, the investigator may enter a 
factory, office or other place (referred to as factory, etc. in the next paragraph and 
the next article) belonging to the party being investigated to locate documents, 
etc. subject to the investigation, ask the party under investigation questions, or 
request the presentation of do cuments, etc., and additionally take measures, 
granted by the court as measures required for investigation, including the 
operation of equipment, measurement, experiments, and/or any other measures.  
(3) The enforcement officer, upon providing the necessary  assistance under Article 
105-2-2(3), may enter the factory etc. belonging to the party under investigation 
to locate documents, etc. subject to the investigation, ask the party under 
investigation questions, or request the presentation of documents, etc. in order to 
assist the investigator.  
(4) In the case that the preceding two paragraphs come into effect, the party under 
investigation shall fully cooperate with the investigator and the enforcement 
officer concerning matters related to the investigation a s necessary.  
 
(Consequences in cases where the party under investigation refuses entry into 
the factory etc.)  
 
Article 105 -2-5 When a party under investigation does not reply to questions, or 
approve the request from an investigator to enter a factory, etc., be presented 
with necessary documents, etc., or take measures granted by the court as 
measures required for the investigatio n including the operation of equipment, 
taking of measurements, and conduction of experiments, or any other applicable 
measures as per paragraph (2) of the preceding Article without a justifiable 
reason, the court may recognize the complainants claim relat ed to the facts yet to 
be proven as true.  
 
(Delivery of the copy of the Investigation report, etc.)  
Article 105 -2-6(1) Upon the submission of the Investigation report, the court shall 
deliver a copy to the party under investigation.  
(2) The party under inv estigation may petition to not have all or part of the 
Investigation report disclosed to the petitioner within two weeks from the date 
the party received a copy of the Investigation report.  
(3) In the case where the petition under the preceding paragraph h as been filed, the 
court may decide not to disclose all or part of the Investigation report to the 
petitioner if it is deemed that there is a justifiable reason.   (4) When it is deemed by the court that the disclosure of all or part of the 
Investigation report and a hearing to determine whether there is a justifiable 
reason as per the preceding paragraph is necessary, the court may disclose all or 
part of the Investi gation report to the relevant parties, etc., attorneys, assistants 
or technical advisors. However, when disclosing all or part of the Investigation 
report to these parties, etc., assistants or technical advisors, the consent of the 
party under investigatio n must be obtained in advance.  
(5) An immediate appeal may be filed against the decision to dismiss the petition 
based on the provision in paragraph (2) and the decision not to disclose all or part 
of the Investigation report in paragraph (3). 
 
(Inspection  of the Investigation report, etc.)  
Article 105 -2-7(1) When no petitions are filed by the party under investigation 
within the period as per paragraph (2) of the preceding article, or when the courts 
trial on the petition as per the same paragraph is finalized, the petitioner and the 
party under investigation can claim to the court clerk to inspect or copy the 
Investigation report, or deliver the original, copy or abstract thereof except in the 
case where it is decided not to disclose the entire report as per paragraph (3) of 
the same article (if it is decided that part of the report is not to be disclosed as 
per the same paragraph, the part concerned will b e excluded).  
(2) Except in the case outlined in the preceding paragraph, no one may request to 
inspect or copy the submitted Investigation report, or for the original, copy or 
abstract thereof to be issued or copied.  
(3) The provisions of Article 9 1(4) and  (5) of the Code of Civil Procedure shall apply 
mutatis mutandis to the Investigation report outlined in paragraph (1). In this 
case, the phrase the preceding paragraph in paragraph 4 of the same article shall 
be deemed to be replaced with the phrase Artic le 105 -2-7(1) of the Patent Act, 
and parties or third parties who have provided prima facie evidence with regard 
to their interest shall be deemed to be replaced with the phrase the petitioner or 
the party under investigation.  
 
(Investigators right to refu se testimony)  
Article 105 -2-8(1) When a person (s) who is/are or was/were the investigator (s) is/are 
interrogated as a witness(es) about matters concerning secrecy that has been 
acquired regarding the investigation, the person (s) may refuse testimony.  
(2) The provision of Article 19 7(2) of the Civil Procedure Code shall apply mutatis 
mutandis to the case of the preceding paragraph.  
 
(Travel expenses, etc. of the investigator)   Article 105 -2-9 Travel expenses, daily allowances and lodging expenses related to 
the investigator, investigation fees and costs required for investigations are 
decided depending on the example of the provisions of the Act on Civil Procedure 
Costs (Act No. 40 of 1971) unl ess such provisions are contrary to the nature of 
said matters.  
 
(Delegation to the Supreme Court Rules)  
Article 105 -2-10 In addition to what is provided in this Act, matters necessary for 
the implementation of the provisions in Article 105 -2 to the preced ing article 
shall be provided in the Supreme Court Rules.  
 
(Opinions of Third Parties)  
Article 105 -2-11(1) If the court specified in each item of Article 6, paragraph (1) of 
the Code of Civil Procedure, at the motion of a party, finds it to be necessary in 
the first instance of litigation involving the infringement of a patent right or 
violation of an exclusive license, the court may specify a reasonable period and 
seek from the general public the submission of documents stating their opinions 
regarding the application of this Act or regarding any other necessary matters 
relating to the case, after hearing the other party’s opinion.  
 
(2) If an appeal is filed with the Tokyo High Court against a final judgment on the 
litigation involving the infri ngement of a patent right or violation of an exclusive 
license which has been made by the court set forth in each item of Article 6, 
paragraph (1) of the Code of Civil Procedure as the court of prior instance, and 
the Tokyo High Court, at the motion of a p arty, finds it to be necessary in the 
litigation to which the appeal pertains, the Tokyo District Court may specify a 
reasonable period and seek from the general public the submission of documents 
stating their opinions regarding the application of this Ac t or regarding any other 
necessary matters relating to the case, after hearing the other party’s opinion.  
 
(3) A party may file a request with the court clerk to inspect or copy the documents 
submitted pursuant to the preceding two paragraphs, or to be iss ued an 
authenticated copy, transcript, or extract thereof.  
 
(4) Article 91, paragraph (5) of the Code of Civil Procedure shall apply mutatis 
mutandis to the inspection and copying of documents submitted pursuant to 
paragraphs (1) and (2).  
 
(Expert Opinion  for Calculation  of Damages ) 
Article 105 -2-12 In litigation involving  the infringement of a patent right or  violation of exclusive license, if the court , at the motion of a party, orders an 
expert opinion in order to calculat e the damage s from the ac t of infringement  , 
the parties must  explain to the expert witness the details need to be  explained in 
order  for the expert witness  to give an  expert opinion.  
 
(Approval of Reasonable  Amount as the Value of  Damages)  
Article 105 -3 If, in litigation involv ing the infringement of a patent right or 
violation of an exclusive license, damage s are found to have been incurred but , 
due to the nature of the facts, it is extremely difficult to prove the facts that need  
to be proved in order to prove  the value  of damage s, the court may approve  a 
reasonable amount as the value of damage s, based on the overall  import of oral 
argument s and the result s of the examination of evidence.  
 
(Confidentiality Protective Orders) 
Article 105 -4 (1) In litigatio n involving  the infringement of a patent or violation of 
an exclusive license, if a prima -facie showing is made  that a proprietary trade 
secrets ( meaning a  trade secrets provided in Article 2 , paragraph  (6) of the Unfair 
Competition Prevention Act (Act No.  47 of 1993 ); the same applies  hereinafter) of 
the party in question falls under both  of the following circumstances , the court at 
motion of the party, may issue  a ruling ordering  the relevant  parties, etc., 
litigation representative, and  assistants in court  use the trade secrets for any 
purpose other than conducting  the litigation in question, and not to  disclose the 
trade secrets to any person other than those one that is subject to an  order as 
under this paragraph in respect of that  trade secret ; prov ided, however, that this 
does  not apply if a party, etc., litigation representative,  or assistants in court 
acquires or gains , possession of the trade secrets before that motion is filed, by 
means other than perusal  of the brief provided for in  item (i) o r the examination 
or disclosure of evidence as provided in  that item:  
(i) a proprietary  trade secrets of the party is detail ed in a brief  that has  already 
been submitted or that is to be submitted , or such a trade secret  is included  in 
evidence that has already  been  examined that is  to be examined (including 
documents disclosed pursuant to  Article 105 , paragraph  (3) , all or part of the 
Investigation report submitted  under Article 105 -2-4, paragraph (1) , or 
documents disclosed  under Article 105 -7, paragraph  (4)); and  
(ii) the use of a trade secret as referred to in  the preceding item  for a purpose 
other than conducting  the litigation in question or the disclosure of such a 
trade secret, would be likely to hinder the business activities of the party that 
are based on that trade secrets, and it is necessary to restrict their use or 
disclosure in order to prevent such hindrance . 
(2) A motion for an  order as referred to in  the preceding paragraph (hereinafter 
referred to as a "confidentiality protective order ") must  be made in writing  specifying the following matters:  
(i) the persons  that would be subject  to the confidentiality protective order;  
(ii) facts sufficient to  identify the trade secret  that would be protected by the 
confidentiality protective or der; and  
(iii) facts falling under  the category  of circumstances set forth in  the items in the 
preceding paragraph.  
(3) If a confidentiality protective order is issued, the written ruling must  be served 
to any persons that has become subject to  the confidentiality  protective order.  
(4) The confidentiality protective order is issued,  the written ruling must be  served 
on any  persons , that has become subject to the confidentiality  protective order.  
(5) An immediate appeal against a ruling may be filed a gainst a judicial  decision to 
dismiss  a motion for confidentiality  protective order.  
 
(Vacating Confidentiality  Protective Order)  
Article 105 -5 (1) A person  that files a motion for confidentiality  protective order or 
that becomes subject to a confidentiality  protective order may file a motion to 
vacate that  confidentiality protective order with the court that has  the case 
record of file (or, if no court has the case record on file , with  the court issuing the 
confidentiality  protective order ) on the ground s that the requirements provided in 
Article 105 -4, paragraph  (1) have  not been met or have come to  no longer be met.  
(2) Once  a judicial  decision is reached on a motion to vacate  a confi dentiality 
protective order , the written ruling must  be served on the person that filed the 
motion and on the adverse party.  
(3) An immediate appeal  against a ruling may be filed against a judicial  decision on 
a motion to vacate a confidentiality protectiv e order.  
(4) A judicial decision to vacate  a confidentiality protective order does not  effect 
unless it becomes final and binding.  
(5) If the court reaches  a judicial  decision to vacate a confidentiality protective 
order and any  person  other than the perso n filing the motion to vacate the 
confidentiality protective order  and the adverse party was subject to the 
confidentiality protective order  on the trade secret  in the litigation in which that 
confidentiality  protective order was issued, the court must  immediately notify 
that person that it has reached a judicial  decision to vacate the confidentiality  
protective order.  
 
(Notice of a Request to Inspect a Case R ecord)  
Article 105 -6 (1) If the  ruling referred to in  Article 92 , paragraph  (1) of the Code of 
Civil Procedure has been issued with respect to  the case  record in litigation in 
which a confidentiality protective order has been  issued (excluding litigation in 
which all confidentiality  protective orders have been vacated ) and a party not 
subject to a confidentiality  protective order in that litigation files a request to  inspect  a part of the case record that holds  the confidential information referred 
to in that  Article , the court clerk , immediately after the request  is filed,  must  
notify the party that filed the motion referred to in that paragraph (restricting 
access to the record) that such a request has been filed  (unless  the person that 
filed that motion is also the person filing the request, the same applies in 
paragraph (3 )). 
(2) In the case as referred to in  the preceding paragraph, the court clerk must  not 
allow the person filing the request to inspect , etc. the part of the case record that 
holds  confidential information as referred to in Article 92 , paragraph  (1) of the 
Code  of Civil Procedure until after  two weeks have elapsed since  the date that the 
request referred to in the confidentiality  protective order (or, if during those two 
weeks, a motion for a confidentiality protective order is filed against the person 
that filed the request, the court clerk must not allow the filer to inspect that part 
of the case record before the judicial  decision on the motion becomes final and 
binding).  
(3) The preceding two paragraphs do not apply if all the parties concerned that have  
filed the motion referred to in Article 92 , paragraph  (1) of the Code of Civil 
Procedure agree to allow , the person filing request referred to in  paragraph (1) to 
inspect , etc. the parts of the case record that hold  confidential information.  
 
(Suspension  of Open Examination of Parties)  
Article 105 -7 (1) If a party, etc., to litigation involving  the infringement of a patent 
right or violation of an exclusive license will be questioned  as a direct  party to the 
case,  statutory agent  or as a witness, with regard t o matters that will form the  
basis for the determin ing whether  or not the infringement  or violation has 
occurred but that falls under the category of a proprietary trade secrets of a 
party, and if, with the unanimous accord  of all judges, the court finds t hat the 
party, etc. will be unable to offer a  sufficient statements about  the matters due to 
the significant  harm that would clearly befall those of the party, etc. , the 
business activities that are  based on the trade secrets as a result  of the party, etc.  
offering a statement, about the matter in open court and that in the absence  of 
such a statement  and based on other evidence  alone the court cannot reach a 
proper judicial decision as to whether the patent has determination of whether 
the exclusive license  has been violated, since the court 's determination of whether 
this has occurred needs to be based on the matter the court may rule not to 
conduct the questioning with regard to the matter  in open court,  and conduct that 
questioning in camera . 
(2) The court must  hear the opinions of the parties, etc. before  issuing the ruling 
referred to  in the preceding paragraph . 
(3) In a case as referred to in  the preceding paragraph, if the court  finds it to be 
necessary, it may have a  party, etc. present a document giving  the gist of the  matters with regard to which the party,  etc. would offer a statement.  In this case, 
no person may request the disclosure of a document so presented.  
(4) If the c ourt finds it to be necessary to disclos e a document as referred to  in the 
second  sentence of the preceding paragraph, so as to hear the opinion a party, 
etc., litigation representative, or assistant in court , the court may disclose the 
document to the person . 
(5) If questioning with regard to  certain matters is to be held in camera pursuant to  
paragraph (1), the court must so  declare and indicate its reasons for doing so  
prior to having  the public leave the courtroom . Upon completion of questioning 
with regard to those  matters, the court must  allow the public to re -enter the 
court room . 
 
(Measures to Restore Credibility ) 
Article 106 At the request of the patentee or exclusive licensee, the court may  order 
a person that has  harmed the business credibility of the patentee or exclusive 
licensee by intentionally or negligently infringing upon the patent right or violating 
the exclusive license to take measure s necessary to restore the business credibility 
of the patentee or exclusive licensee in lieu of or beyond  compensation for damages.  
 
Section 3 Patent Fees  
 
(Patent Fees) 
Article 107  (1) The person that registers a patent right or a patentee must pay the 
amount specified by Cabinet Order not exceeding 61,600 yen plus the amount 
specified by Cabinet Order not exceeding 4,800 yen per claim , for each patent 
registration and in each year from the date of the patent registration to expiration of 
the term prescribed in Article 67, paragraph (1) (and, if the term is extended 
pursuant to Article 67, paragraph (4),in each year of the additional period):  
 
 
(2) The preceding paragraph does  not apply t o patent rights belonging to the State.  
(3) Notwithstanding the provisions of paragraph (1), if a patent right held under 
joint owne rship with  the State or a person entitled to receive a reduction in or 
exemption from  patent fees  as under Article 109 or Article 109 -2other laws and 
regulations  (hereinafter referred to as a "reduction  or exemption " in this 
paragraph), and the joint owner 's shares have  been agreed  upon , the amount of 
the patent fee provided  for in  paragraph (1) is the sum total calculated by first 
multiplying , for each joint owner  other than the State , the applicable patent fees 
provided for in paragraph (1) ( for a person receiving a reduction  or exemption,  this means the patent fee provided for in that paragraph less  that reduct ion or 
exemption) by the percentage that represents that person 's share , and then 
adding together the amounts so arrived at, and this sum total is amount that  the 
person other than the State must  pay .  
(4) For the amount of patent fees as calculated pursua nt to  the preceding 
paragraph, is not a multiple  of ten yen , the amount of that patent fee is rounded 
down to the nearest multiple of ten yen . 
(5) Payment for a patent fee referred to in  paragraph (1) must  be made with  patent 
revenue stamps pursuant to  Order of the Ministry of Economy, Trade and 
Industry; provided, however, that if so stipulated  by Order of the Ministry of 
Economy, Trade and Industry, a cash payment may be made . 
 
(Due date for the P ayment of Patent Fees) 
Article 108  (1) The patent fees for all year s from the first to the third year as under 
Article 107 , paragraph  (1) must  be paid in a lump sum within 30 days after  the 
date on which a certified copy of the examiner's  decision or the decision on a trial 
or appeal to the  effect that the patent is to be granted has been served.  
(2) The annual patent fee for each of the fourth and subsequent years as under 
Article 107 , paragraph  (1) must  be paid by the end of the previous year; provided, 
however, that if the date of service  of a certified copy of an examiner's  decision or 
decision on the trial or appeal  to register  the extension of the term  of patent right 
(hereinafter referred to in this paragraph as the "certified copy service date ") is 
on or after the day  that marks thirty days  before the end of the year in which the 
term  of the patent right will expire  if the extension is not registered, the annual 
patent fees for each of the years from the year that follow s this to the year in 
whic h the certified copy service date falls (or, if the time  from the certified copy 
service date to the last day of the year in which the certified copy service date 
falls is shorter than 30 days, the year following the year in which the certified 
copy servic e date falls) must  be paid in a lump sum within 30 days after  the 
certified copy service date.  
(3) The Commissioner of the Japan  Patent Office may extend the period prescribed 
in paragraph (1) by up to  30 days , at the  request of a person that is to pay  a 
patent fees . 
(4) If a person  that pays patent fees, is unable to pay the patent fees  within the 
period of time (when the period has been extended under the preceding 
paragraph, the period after being extended) provided in paragraph  (1), due to 
reasons bey ond the person's control, the person may pay the patent fees  within 14 
days ( if the person is an  overseas resident, within two months) from the date on 
which the reasons ceased to be applicable, but not later than six months following 
the passage of the  period, notwithstanding paragraph  (1). 
  (Reduction, Exemption  or Deferment  of Patent Fees) 
Article 109 If the Commissioner of the Japan Patent Office finds that a person 
registering a patent right, or a patentee meeting the requirements that Cabinet 
Order specifies in consideration of financial resources, is having difficulty paying 
a patent fee, the commis sioner pursuant to the provisions of Cabinet Order ,may 
reduce the annual patent fee, ,exempt the person from paying annual patent fees, 
or give the person a deferment for the payment of the patent fee that is to be paid 
pursuant to  Article 107 . 
 
Article 1 09-2(1) The Commissioner of the Patent Office may, pursuant to the 
provisions of Cabinet Order, grant a person obtaining the registration 
establishing a patent right or a patentee who is a person specified by Cabinet 
Order, while comprehensively considerin g matters including the person’s 
financial resources, ability to carry out research and development and technology 
development, and degree of contribution to the development of industry, such as a 
small and medium -sized enterprise operator and an experimen t and research 
institute, etc., a reduction of, exemption from , or deferment of the payment of the 
patent fee that is to be paid pursuant to  Article 107(1) . 
(2) The term small and medium -sized enterprise operator as used in the preceding  
paragraph means a person that falls under any of the following items:  
(i) a company having an amount of stated capital or total amount of capital 
contributions of not more than  300 million yen or a company or individual hiring 
not more than 300 full -time employees, where the principal business thereof is 
manufacturing, construction, transportation or any other type of business 
(excluding the types of business listed in the follo wing item to item (iv) and the 
type of business specified by Cabinet Order under item (v)); 
(ii) a company having an amount of stated capital or total amount of capital 
contributions of not more than 100 million yen or a company or individual hiring 
not mo re than 100 full -time employees, where the principal business thereof is 
wholesale business (excluding the type of business specified by Cabinet Order 
under item (v)); 
(iii) a company having an amount of stated capital or total amount of capital 
contributi ons of not more than 50 million yen or a company or individual hiring 
not more than 100 full -time employees, where the principal business thereof is 
service business (excluding the type of business specified by Cabinet Order under 
item (v)); 
(iv) a company  having an amount of stated capital or total amount of capital 
contributions of not more than 50 million yen or a company or individual hiring 
not more than 50 full -time employees, where the principal business thereof is 
retail business (excluding the type of business specified by Cabinet Order under 
item (v));  (v) a company having an amount of stated capital or total amount of capital 
contributions which does not exceed  the amount specified by Cabinet Order for 
each type of business or a company or individual hiring a number of full -time 
employees which does not exceed the number specified by Cabinet Order for each 
type of business, where the principal business thereof is a business that falls 
under the type of business specified by Cabine t Order;  
(vi) an enterprise cooperative;  
(vii) a cooperative partnership;  
(viii) a n association incorporated under special laws and a federation of such 
associations, such as a business cooperative, small business cooperative, 
commercial and industrial partnership, and federation of cooperatives; and  
(ix) a corporation engaging in specified non -profit activities (meaning a corporation 
engaging in specified non -profit activities provided in Article 2(2) of the Act on 
Promotion of Specified Non -profit Activities (Act No. 7 of 1998), which hires not 
more than 300 full -time employees (or not more than 50 full -time employees in 
the case of a corporation engaging in the retail business as the principal business; 
or not more than 100 full -time employe es in the case of a corporation engaging in 
the wholesale business or service business as the principal business).  
(3) The term experiment and research institut e, etc. as used in paragraph (1) means 
a person that falls under any of the following items:  
(i) an employee of a university provided in Article 1 of the School Education Act 
(Act No. 26 of 1947) (hereinafter referred to as a university in the following item), 
such as the president, a vice president, a dean, a professor, an associate professor, 
an assistant professor, a lecturer  or an assistant, who exclusively engages in 
research, an employee of a college of technology provided in the said Article 
(referred to as a college of technology in the following item and item (iv)), such as 
the principal, a professor, an associate professor, an assistant professor, a lecturer 
or an assistant, who exclusively  engages in research, or the head or an employee 
of an inter -university research institute provided in Article 2(3) of the National 
University Corporation Act (Act No. 112 of 2003) (referred to as an inter -
university research institute in the following ite m), who exclusively engages in 
research;  
(ii) a person that establishes  a university or college of technology, or an inter -
university research institute;  
(iii) an approved TLO provided in Article 5(2) of the Act to Facilitate Technology 
Transfer from Unive rsities to the Private Sector (Act No. 52 of 1998);  
(iv) an incorporated administrative agency (meaning an incorporated 
administrative agency provided in Article 2(1) of the Act on General Rules for 
Incorporated Administrative Agencies (Act No. 103 of 1999 )) that carries out 
experiment and research  activities  (referred to as an experiment and research 
incorporated administrative agency in the following item), which is specified by  Cabinet Orde r as not  being  one that establishe s a college of technology;  
(v) a person that engages in the business wherein, with regard to research results 
related to technology achieved at a an experiment and research incorporated 
administrative agency that is specified by Cabinet Order (hereinafter referred to 
as a specified experiment and research incorporated administrative agency in 
this item), the person acquires a patent right or right to obtain a patent through 
assignment from the specified experiment and research incorporated 
admin istrative agency relating to the research results, and then transfers the 
research results to a private business seeking to make use of them, by carrying 
out an act such as assigning, or granting an exclusive license of, the patent right 
or a patent right obtained based on the right to obtain a patent;  
(vi) a public experiment and research institute (meaning an organization such as a 
laboratory and research institute established by a local government (excluding a 
public school provided in Article 2(2) of th e School Education Act), which carries 
out experiment and research activities; and  
(vii) an experiment and research local incorporated administrative agency 
(meaning a local incorporated administrative agency (meaning a local 
administrative incorporated ag ency provided in Article 2(1) of the Local 
Incorporated Administrative Agency Act (Act No. 118 of 2003) ), which does not 
fall within the category of public university corporation provided in Article 6 8(1) 
of the said Act and which carries out experiment an d research activities ). 
 
(Payment of Patent Fees by a Person Other Than a Person that Is to Pay the 
Patent Fees ) 
Article 110  (1) An interested person and other person than a person by whom are to 
be paid may pay a patent fee even against the will of the person that is to pay the 
patent fees . 
(2) A person that has paid the patent fees pursuant to  the preceding paragraph may 
claim  reimbursement of the expenses arising therefrom to the extent of the actual 
benefit obtained by the person that is required to pay  the patent fees.  
 
(Refund ing of Patent Fees) 
Article 111 (1) The following patent fees are refunded upon the request of the 
person that paid them:  
(i) patent fees paid in error or in excess;  
(ii) annual  patent fees for each year following the year in which a revocation 
decision under Article 114 , paragraph  (2) or a decision on a trial or appeal to 
invalidate  the patent become s final and binding; and  
(iii) annual patent fees for the year following the yea r in which a  decision on a 
trial or appeal to the effect that the registration of patent term extension is to 
be invalidated became final and binding, and subsequent years (limited to  those for the year following the year in which the term of a patent righ t would 
have expired if the extension had not been registered, and subsequent years).  
(2) A request for a refund of patent fees as under the preceding paragraph may not 
be filed once  one year has passed since  the date the patent fees referred to in  item 
(i) of that paragraph were paid  or once  six months from the date on which a 
revocation decision referred to in Article 114 , paragraph  (2) or a decision on a 
trial or appeal became final and binding in the case of patent fees referred to in  
items (ii) and (ii i) of that paragraph . 
(3) If a person that files a request for a refund of patent fees under paragraph (1) is 
unable to file the request within the period provided for in the paragraph, due to 
reasons beyond the person's control, the person may file the re quest within 14 
days (if the person is an overseas resident, within two months) from the date on 
which the reasons ceased to be applicable, but not later than six months following 
the passage of the period, notwithstanding paragraph (1).  
 
(Late Payment  of Patent Fees) 
Article 112  (1) If a patentee is unable to pay a patent fee within the time frame 
provided for in  Article 108 , paragraph  (2) or within the time frame  for deferred 
payment as under Article 109  or Article 109 -2, the patentee may make a late 
paym ent of the patent fees even after that time frame , if this is done within six  
months after  the end of the relevant  time frame . 
(2) A patentee mak ing a late payment for the patent fees pursuant to  the preceding 
paragraph must  pay a patent surcharge in the s ame amount as a patent fee , 
beyond the patent fees  to be paid pursuant to  Article 107 ; provided, however, that 
if the patentee is unable to pay the patent fee  within the time frame provided for 
in Article 108 , paragraph  (2) or within the time frame  for deferred payment as 
under Article 109 or Article 109 -2 due to reasons beyond the patentee's control , 
the patentee is not required to pay the patent surcharge . 
(3) Payment  for the patent surcharge as referred to in  the preceding paragraph 
must  be made with  patent revenue stamps pursuant to Order of the Ministry of 
Economy, Trade and Industry; provided, however, that if stipulated  by Order of 
the Ministry of Economy, Trade and Industry, a cash payment thereof may be 
made . 
(4) If a patentee fails to pay  patent fees that were due and payable within the time 
frame  provided for in the main clause of Article 108 , paragraph  (2) and the patent 
surcharge that is to be paid pursuant to  paragraph (2 ) within the time frame 
during which the patentee in permitted to make a late payment for patent fees 
pursuant to paragraph  (1), the patent right is deemed to have been forfeited  
retroactively to the end  of the time frame  provided for in the main clause of 
Article 108 , paragraph  (2). 
(5) If a pat entee fails to pay the patent fees provided for in the proviso to Article  108, paragraph  (2) and the patent surcharge that is to be paid pursuant to  
paragraph (2), within the time frame during which the patent is permitted to 
make a late payment for patent  fee pursuant to paragraph (1),  the patent right is 
deemed to have been forfeited retroactive  to the end of the year in which the term  
of the patent right would have expired if the extension had not been registered.  
(6) If a patentee fails to pay  patent fe es whose payment has been deferred pursuant 
to Article 109 or Article 109 -2and the patent surcharge that is to be paid 
pursuant to paragraph (2), within the time frame during which the patentee is 
permitted to make a late payment for patent fees pursuant to paragraph (1),  the 
patent right is deemed never to have existed.  
 
(Restoration of Patent Right by Late Payment  of Patent Fees) 
Article 112 -2 (1) The original patentee of the patent right that is  deemed to have 
been forfeited pursuant to  Article  112, paragraph  (4) or (5), or that is  deemed 
never to have existed pursuant to  Article 112 , paragraph  (6) may make a late 
payment of the patent fees and the patent surcharge provided for  in Article 112, 
paragraphs (4) through (6) pursuant to Order of the Ministry of Economy, Trade 
and Industry only within the time frame  provided by Order of the Ministry of 
Economy, Trade and Industry ; provided, however, that this does not apply if the 
original patentee is found to have intentionally failed to pay  the patent fees and 
the patent surcharge within the time frame during which the patentee in 
permitted to make a late payment for the patent fees pursuant to  Article 112 , 
paragraph  (1). 
(2) If the patent fees and a patent  surcharge are paid as under the preceding 
paragraph, the patent right is deemed to have continued retroactive  from the 
time that the time frame ended  as provided in the main clause of Article 108 , 
paragraph  (2) or from the end of the year in which the day marking  the 
expiration of the patent term  falls or is deemed to have existed from the 
beginning.  
 
(Restriction on Effect of Restored Patent Right) 
Article 112 -3 (1) If a patent right is restored pursuant to  paragraph (2) of the 
preceding Article, and the patent was granted on an  invention that is  a product, 
the patent right has no effect  against articles imported into  or, produced or 
acquired within Japan after the end of the time frame  during which the patentee 
is permitted to make a late payment for patent fees pursuant to  Article 112 , 
paragraph  (1) and before the restoration of the patent right  is registered . 
(2) A patent restored pursuant to  paragraph (2) of the preceding Article has no 
effect  against the  following actions performed  after the end of the time frame  
during which the patentee is permitted to make a late payment for patent fees 
pursuant to  Article 112 , paragraph (1) and before the restoration of the patent  right  is registered : 
(i) the working of the invention;  
(ii) if a patent was granted on an invention that is  a product, producing, 
transferring,  etc., importing or offering for transfer , etc. of any article  used in 
the produc tion of the product; and  
(iii) if the patent was granted on an invention that is a product, possessing the 
product for the purpose of transferring , etc. or exporting it;  
(iv) if the patent was granted on an invention that is  a process, producing, 
transferring , etc., importing , or offering for transfer , etc. of an article  used in 
that process; and  
(v) if a patent was granted on an invention that is  a process for producing a 
product, possessing the product produced by that process for the purpose of 
transferring , etc. or exporting it.  
 
Chapter V Opposition to a Granted Patent  
(Opposition to a Granted Patent)  
Article 113 Any person may file with the Commissioner of  the Japan  Patent 
Office an opposition to a granted patent on the grounds that a patent falls 
under any of the following items, no later than six months from the publication 
of a gazette containing the patent, and if a patent has two or more claims, an 
opposition to a granted patent may be filed for each claim:  
(i) the patent has been granted on a patent application (excluding an application 
written in a foreign  language) with an amendment that does not comply with 
the requirements provided in Article 17 -2, paragraph  (3); 
(ii) the patent has been granted in violation of Articles 25, 29, 29 -2, or 32, or 
Article  39, paragraphs (1) through (4); 
(iii) the patent has been granted in violation of a treaty;  
(iv) the patent has been granted on a patent application n ot complying with the 
requirements provided in Article 36 , paragraph  (4), item (i) or Article 36, 
paragraph (6) (excluding item (iv) of that paragraph ); or 
(v) matters stated in the description , claims or drawings attached to the 
application  written in a foreign language  are not within the scope of matters 
stated in foreign -language  documents . 
 
(Ruling)  
Article 114 (1) Proceedings and a ruling on an opposition to a granted patent are 
conducted by a panel consisting of three or five administrative  judges.  
(2) The administrative judges must make a ruling that a patent related to an 
opposition to a granted patent is to be revoked (hereinafter referred to as a 
"revocation decision") if they recognize that the patent falls under any of th e 
items of the preceding Article.   (3) If a revocation decision has become final and binding, the patent right is deemed 
never to have existed.  
(4) The administrative judges must make a ruling that a patent related to an 
opposition to a granted patent is to  be maintained if they do not recognize that 
the patent falls under any of the items of the preceding Article.  
(5) No appeal may be made against  the ruling under the preceding paragraph.  
 
(Formal Requirements for Filing)  
Article 115 (1) A person that files  an opposition to a granted patent must submit 
to the Commissioner of the Japan  Patent Office a written opposition to grant of 
patent stating the following matters:  
(i) the name, and domicile or residence of the person filing an opposition and the 
patent o pponent's representative ; 
(ii) an indication of the patent related to the opposition to a granted patent ; and 
(iii) an identification of the grounds and the necessary evidence for the opposition 
to a granted patent.  
(2) An amendment of the written  oppositi on to a granted patent filed under the 
preceding paragraph must  not change the gist of the statement ; provided, 
however, that this does  not apply if the amendment falls under any of the matters 
provided in item (iii) of the preceding paragraph and is made by the earlier of the 
date on which the period provided for in  Article 113 expires and the date on 
which a notice under Article 120 -5, paragraph  (1) is received.  
(3) A chief administrative judge must deliver a copy of the written opposition to a 
granted pa tent to the patentee.  
(4) Article 123 , paragraph  (4) applies  mutatis mutandis to the case if an opposition 
to a granted patent is filed.  
 
(Designation of Administrative Judges)  
Article 116 Article 136, paragraph (2) and Articles 137 through 144 apply mutatis 
mutandis to a panel provided in Article 114, paragraph (1) and the 
administrative judges that are the members of the panel.  
 
(Trial and Appeal Clerks)  
Article 117  (1) The Commissioner of the Japan  Patent Office must  designate a trial 
or appeal  clerk for each case of an opposition to a granted patent.  
(2) Paragraphs (3) through (5) in Article 144 -2 apply mutatis mutandis to the trial 
or appeal clerk of the preceding paragraph.  
 
(Procedure of Proceedings)  
Article 118 (1) The proceedings with regard to an opposition to a granted patent are 
conducted by documentary proceedings.   (2) If there are ground s for continuance or suspension of procedures of proceedings 
and a ruling on an opposition to a grant ed patent , with regard to  one of the 
patentees of a jointly owned patent right, the continuance  or suspension  has 
effect on all of the joint owners . 
 
(Intervention)  
Article 119  (1) A person that has a right on a patent right and all other persons 
with an interest i n the patent right may intervene in the proceedings on an 
opposition to a granted patent to assist the patentee until a ruling on the motion 
is rendered.  
 
(2) Article 148, paragraph (4) and (5), and Article 149 apply mutatis mutandis to 
the intervenors und er the preceding paragraph.  
 
(Examination and Preservation of Evidence ) 
Article 120 Articles 150 and 151 apply mutatis mutandis to the examination and 
preservation of evidence in the proceedings on an opposition to a granted patent.  
 
(Proceedings  by the Trial Examiner 's Own Authority ) 
Article 120 -2 (1) Any grounds not pleaded by a patentee, a person filing an 
opposition, or intervenor may be examined in proceedings on an opposition to a 
granted patent.  
(2) No claim to which an opposition to a gran ted patent is not filed may be 
examined in the proceedings on an opposition to a granted patent.  
 
(Joint or Separate Conduct of Motions ) 
Article 120 -3 (1) If there are two or more motions of an opposition to a granted 
patent related to the same patent righ t, the proceedings are to be jointly 
conducted, except if special circumstances exist.  
(2) Proceedings that have been jointly conducted pursuant to the preceding 
paragraph may later be separately conducted.  
 
(Withdrawal of a Motion ) 
Article 120 -4 (1) An op position to a granted patent may not be withdrawn after the 
notice under paragraph (1) of the next Article has been given.  
(2) Article 155, paragraph (3) applies mutatis mutandis to the withdrawal of an 
opposition to a granted patent.  
 
(Submission of a Wri tten Opinion)  
Article 120 -5 (1) If a chief administrative judge intends to render a revocation 
decision, the judge must notify the patentee and the intervenors of the grounds  therefor and give them an opportunity to submit a written opinion within a 
reason able, specified period of time.  
(2) The patentee may file a request for a correction of the description , claims or 
drawings attached to the written application only within the period of time 
designated in accordance with the preceding paragraph; provided, however, that 
the correction is limited to the following purposes:  
(i) restriction of the claims;  
(ii) correction of errors or incorrect translations;  
(iii) clarification of an ambiguous description; and 
(iv) correction of a statement of claims which cites another statement of claims to 
a statement which does not cite that other statement of claims.  
(3) If correcting claims attached to a written  application covering two or more 
claims, a request for correction may be filed in the preced ing paragraph for each 
claim ; provided, however, if an opposition to a granted patent has been filed for 
each claim, a request for correction must be filed for each claim.  
(4) In the case of the preceding paragraph, if the claims include  one or more group s 
of claims which are related because  a statement of one claim is cited by another 
claim or have any other relationship provided by Ord er of the Ministry of 
Economy, Trade and Industry  (hereinafter referred to as "group of claims") , a 
request must  be filed  for each group of claims.  
(5) If a request for correction has been filed pursuant to  paragraph (2) within a 
period of time designated under paragraph (1), a chief administrative judge  must  
serve to the person filing an opposition to a patent a copy of a d ocument stating 
the grounds for revoking a patent of which notifi cation was made  pursuant to 
paragraph (1) and the written request for correction as well as a copy of the 
corrected description , claims or drawings attached to the request , and give the 
appli cant an opportunity to submit a written opinion  within  a reasonable, 
specified period of time ; provided, however, this does not apply if the person filing 
an opposition  does  not wish to submit a written opinion , or special circumstances 
exist under which i t is recognized that it is not necessary to give an opportunity 
to the opponent  to submit a written opinion . 
(6) If a request for correction under paragraph (2)  does not correspond to one of the 
purposes provided in the proviso to the paragraph  or does not  comply with 
paragraphs (5) through (7) of Article 126  to be applied mutatis mutandis in  
paragraph (9) , a chief administrative judge must notify the patentee and 
interven ors of the reasons therefore and give them  an opportunity to submit a 
written opinion  within  a reasonable, specified period of time . 
(7) If a request for correction  as referred to in  paragraph ( 2) is made, if another 
request for correction has been previously made in the case of an opposition to a  
granted patent , the previous request is deemed to have been withdrawn.  
(8) The request for correction as referred to in paragraph (2) may be withdrawn  only within the period of time during which the amendment under Article 17 -5, 
paragraph  (1) may be made with regard to the corrected description, claims or 
drawings attached to the written request for correction in the paragraph. In this 
case, if a request  for correction in paragraph (2) has been filed for each claim or 
each group of claims pursuant to  parag raph (3) or (4), all those requests must  be 
withdrawn.  
(9) Article  126, paragraphs (4) through  (7), Articles 127 and 128, Article 131, 
paragraphs (1), (3) and (4), Article 131-2, paragraph (1), Article 132, paragraphs 
(3) and (4), and Article 133, paragrap hs (1), (3) and (4) apply mutatis mutandis to 
the case of paragraph (2). In this case, the term "item (i) or (ii) of the proviso to 
paragraph (1 )" in Article 126 , paragraph  (7) is deemed to be replaced with "item 
(i) or (ii) of the proviso to paragraph (1) pertaining to a claim for which an 
opposition to a granted patent is not filed ". 
 
(Formal Requirements of Ruling ) 
Article 120 -6 (1) A ruling on a motion of an opposition to grant  of patent must  be 
rendered in writing stating the following mat ters:  
(i) the number of the case of the opposition to a granted patent;  
(ii) the name, and domicile or residence of the patentee, the patent opponent, 
intervenor and their representatives;  
(iii) an indication  of the patent related to the ruling ; 
(iv) the c onclusion of and grounds for the ruling ; and  
(v) the date of the ruling . 
(2) If a ruling has been rendered, the Commissioner of the Japan  Patent Office 
must  serve a certified copy of the ruling to the patentee, the patent opponent, 
intervenor s and person w hose application for intervention has been rejected . 
 
(Scope of Final and Binding Ruling ) 
Article 120 -7 A ruling  on an opposition to a granted patent become s final and 
binding for each case of opposition to grant  of patent; provided, however, that 
in the c ases listed in the following items, the ruling become s final and binding 
as provided in the corresponding item:  
(i) if an opposition to a granted patent has been filed for each claim and a request 
for correction has been filed as referred to in  Article 120 -5, paragraph  (2) for 
each group of claims: for each  group of claims; and  
(ii) if an opposition to a granted patent  has been filed for each claim and a case 
other than those listed in the preceding item: for each  claim  
 
(Application Mutatis Mutandis of Provisions Regarding Trials and Appeals ) 
Article 120 -8 (1) Articles 133  and 133-2, Article 134, paragraph (4), Article s 135, 
152, and 168, Article 169, paragraph (3) through  (6), and Article 170 apply  mutatis mutandis to proceedings and a ruling on an opposition to a granted 
patent . 
(2) Article  114-5 applies mutatis mutandis to a  ruling under Article 135 as applied 
mutati s mutandis as referred to in the preceding paragraph.  
 
Chapter VI Trials and Appeals  
 
(Appeals against a Rejection)  
Article 121  (1) A person that is subject to an examiner's  decision to the effect that 
an application is to be rejected  and that is dissatisfied with this decision may file 
an appeal  against a rejection  within three months after  the date that the certified 
copy of the examiner's  decision is served.  
(2) If a perso n filing an appeal  against a rejection has been unable to file that 
within the period prescrib ed in the preceding paragraph  due to reasons beyond 
the person's control, the person may file an appeal  within 14 days ( or within two 
months , if the person is an  overseas resident ,) after  the date on which those 
reasons cease  to exist , but no later than six months after  the end of the 
aforementioned period , notwithstanding the preceding  paragraph . 
 
Article 122 Deleted  
 
(Trial for Patent Invalidation ) 
Article 123  (1) If a patent falls under any of the following  items , a request for a 
trial for patent invalidation may be filed. If the request  involves  two or more 
claims, it may be filed on a claim -by-claim basis:  
(i) the patent has been granted on a patent applicati on (excluding an application  
written in a foreign language) with an amendment that does not comply with 
the requirements stipulated  in Article 17 -2, paragraph  (3); 
(ii) the patent has been granted in violation of Article  25, 29, 29 -2, 32, or 38, or 
Article  39, paragraphs (1) through (4) (if the patent has been obtained in 
violation of Article 38, excluding if the transfer of a patent right under that  
patent has been registered based on a request under Article 74 , paragraph  (1)); 
(iii) the patent has been granted in violation of a treaty;  
(iv) the patent has been granted on a patent application not complying with the 
requirements stipulated  in Article 36 , paragraph  (4), item (i) or paragraph (6) 
(excluding item (iv) of that paragraph ); 
(v) the matters stated in the description , claims or dr awings attached to the 
application  written in a foreign language  are not within the scope of matters 
stated in foreign -language  documents;  
(vi) the patent has been granted on a patent application filed by a person that 
does  not have the right to the grant of a patent for the invention (excluding  when  the transfer of a patent right under the patent has been registered based 
on a request under Article 74 , paragraph  (1)); 
(vii) after being  grant ed a patent, the patentee  come s to fall under a category of 
person that is not permitted the enjoyment of a patent right pursuant to Article 
25, or the patent come s to violat e a treaty  after being granted ; or 
(viii) the correction of the description, claims or drawings attached to the written 
application for the patent have been obtained in violation of the proviso to 
Article 126 , paragraph  (1), and paragraphs  (5) through  (7) (including as appli ed 
mutatis mutandis pursuant to Article 120 -5, paragraph  (9) or Article 134 -2, 
paragraph  (9)), the proviso to Article 120 -5, paragraph  (2) or the proviso to 
Article 134 -2, paragraph  (1). 
(2) A request for a trial for patent invalidation may be filed only by an interested 
person (if a request for a trial for patent invalidation is filed on the ground s that 
the patent falls under item (ii) of the preceding paragraph (limited to a case in 
which the patent is obtained in violation of Article 38) or item (vi) of the 
paragraph, a person that has the right to the grant of the patent).  
(3) A request for a trial for patent invalidation  may be filed even after the forfeiture 
of the patent right.  
(4) Whe n a request for a trial for patent invalidation  has been filed, a chief 
administrative judge must  notify any exclusive licensee  under  the patent right 
and notify any other persons with registered rights under the patent  of the same . 
 
Article 124 Deleted  
 
Article 125 Once  a decision on a trial or appeal  to the effect that a patent is to be 
invalidated has become final and binding, the patent right is deemed n ever to 
have existed; provided, however, that if a patent falls under Article 123 , 
paragraph  (1), item (vii) and a decision on a trial or appeal  to the effect that the 
patent is to be invalidated has become final and binding, the patent is deemed 
not to ha ve existed beginning from the time that item first became applicable to 
the patent.  
 
(Trial for Invalidation of Registration of Patent Term Extension)  
Article 125 -2(1) A request for invalidation trial of the registration of extension may   
be filed if the registration of extension under Article 67 -3(3) falls under any of 
the following:  
(i) where the registration of extension is made  in response to an application filed 
before the base date;  
(ii) the period extended by the registration of extension exceeds the extendible 
period regarding the duration of the patent right;  
(iii) the registration of extension is made in response to an application filed by a  person who is not the patentee; and  
(iv) the registration of extension is made  in response to an application which does 
not meet the requirements prescribed in Article 67 -2(4). 
(2) A request for invalidation trial of a registration of extension under the preceding  
paragraph may be filed only b y an interested person.  
(3) Article 12 3(3) and (4) shall apply mutatis mutandis to a request for invalidation 
trial of a registration of extension under paragraph (1). 
(4) Where a trial decision to the effect that the registration of extension under 
Articl e 67-3(3) is to be invalidated has become final and binding, the extension of 
the duration of the patent right by the said registration of extension shall be 
deemed never to have been made; provided, however, that where the registration 
of extension falls under paragraph (1)(ii) and a trial decision to the effect that the 
registration of extension for the period exceeding the extendible period regarding 
the duration of the patent right is to be invalidated has become final and binding, 
the extension for the  said excess period shall be deemed not to have been made.  
(5) Where an application to register an extension under Article 6 7(4) is filed within  
the period of the extension for the duration of a patent right based on the 
registration of extension that is deemed never to have been made pursuant to the 
main clause of the preceding paragraph, or within the period for which the 
extension is deemed not to have been made pursuant to the proviso to the said 
paragraph, the said application shall be deemed to have been withdrawn if it is 
pending before the Patent Office.  
(6) Where the registration of extension under Article 67 -7(3) is made in response to 
an application to register an extension under Article 6 7(4) which has been filed 
within the period of the extension for the duration of a patent right based on the 
registration of extension that is deemed never to have been made pursuant to the 
main clause of paragraph (4), or within the period for which the ext ension is 
deemed not to have been made pursuant to the proviso to the said paragraph, the 
extension for the duration of the patent right by the said registration of extension 
shall be deemed never to have been made.  
 
Article 125 -3(1) A request for invalida tion trial  of the registration of extension of 
duration of a patent right may be filed  if the registration of extension under 
Article 67 -7(3) falls under any of the following : 
(i) where the registration of extension has been made for an application filed w here 
the disposition as provided in Cabinet Order under  Article 67 (4) for the working 
of the patented invention is not deemed to have been required ; 
(ii) where the registration of extension has been made for  an application filed where  
the patentee or an ex clusive licensee or a non -exclusive licensee of the patent 
right did not receive  the disposition as provided in Cabinet Order under  Article  67(4); 
(iii) where the duration  extended by the registration of extension exceeds the period 
during which the patented invention  could be worked ; 
(iv) where the registration of extension has been made upon an application filed by  
a person who is not the said patentee; and 
(v) where the registration  of extension has been made upon  an application not 
complying  with the requirements as provided in Article 67 -2(iv) as applied 
mutatis mutandis pursuant to Article 67 -5(4). 
(2) Paragraphs (2) and (3) of the preceding Article shall  apply mutatis mutandis to  
a request for invalidation trial of the registration of extension  under the 
preceding paragraph . 
(3) Where  a trial  decision  to the effect that the registration of extension under 
Article 67 -7(3) is to be invalidated has become  final and binding, the extension of 
the duration of the patent right by the said registration of extension shall be 
deemed never to have been made ; provided, however, that where  the registration 
of extension falls under paragraph (1 )(iii) and a  trial  decision to the effect that 
the registration of extension for the duration exceeding  the period during which 
the patented invention  could be worked is to be invalidated has become  final and 
binding, the extension for the said excess period shall be deemed not to have been 
made . 
 
(Correction  Trials ) 
Article 126  (1) The patentee may file a request for a correction trial for correcti ng 
the description, claims or drawings attached to the written application; 
provided, however, that a correction is limited to the following:  
(i) restriction of the claims;  
(ii) correction of errors or mistranslations;  
(iii) clarification of an ambiguous statement ; and 
(iv) rewriting a claim that cites another claim i nto a claim that does not cite that 
other claim.  
(2) A request for correction trial may not be filed between  the time that an 
opposition to a granted patent or trial for patent invalidation become s pending 
before the Japan  Patent Office and the time that ruling on the opposition or the 
trial decision (meaning all the rulings on the opposition or trial decisions if a 
request is filed on a claim -by-claim basis ) become s final and binding.  
(3) If two or more of the patent claims attached to a written  applicatio n are being 
corrected, a request for a correction trial under paragraph ( 1) may  be filed on a 
claim -by-claim basis . In this case, if there  is a set of claims in the relevant claim,  
a request must  be filed for on a set by set basis . 
(4) If the description  or drawings attached to a written application are being 
corrected and the person seeks to file the  request for a correction trial under  paragraph (1)  on a claim -by-claim basis , the request must  be filed with respect to 
all claims involved in the correction of the description  or drawings ( or, if a 
request under paragraph (1) is filed on a set -by-set basis pursuant to the second 
clause of the preceding paragraph,  with respect to the whole of any  claim  set that  
includ es a claim involving in  the cor rection of the description  or drawings).  
(5) The correction of a description , claims or drawings as referred to in paragraph 
(1) must remain within the scope of the matters disclosed in the description , 
claims, or drawings attached to a written application  (in the case of a correction 
for the purpose provided in item (ii) of the proviso to paragraph (1), the 
description , claims and drawings originally attached to the written application 
(or in the case of a patent linked  to an application  written in a forei gn language , 
foreign -language  documents)).  
(6) The correction of the description,  claims , or drawings  as referred to in  
paragraph (1) must  not substantially e nlarge or alter the claims.  
(7) Correction s for any of the purposes set forth  in item (i) or (ii) of the proviso to 
paragraph (1 ), must  be such as would allow the  invention defined by what is 
described in the corrected claims to patented independently upon the  filing of the 
patent application.  
(8) A request for a trial for correcti on may be filed even after the  forfeiture  of the 
patent right; provided, however, that this does not apply after the patent has 
been revoked by a revocation decision or invalidated by a trial for patent  
invalidation.  
 
Article 127 If there is an exclusive l icensee or a pledgee, the patentee may file a 
request for a trial for correction only with the consent of those  person s. 
 
Article 128 Once  a decision on a trial or appeal to the effect that the description, 
claims or drawings attached to a written  application are to be corrected has 
become final and binding, the filing of the patent application, the publication  of 
the patent application, the examiner's  decision or the decis ion on the trial or 
appeal to the effect that the patent is to be granted, or the registration of the 
patent right  is deemed to have been made based on the corrected description, 
claims or drawings.  
 
Articles 129 and 130 Deleted  
 
(Formal Requirements  for Request for Trial or Appeal ) 
Article 131  (1) A person filing a request for trial or appeal must  submit a written 
request stating the following to the Commissioner of the Japan  Patent Office:  
(i) the name, and the domicile or residence of th e party and the agent  thereof;  
(ii) an indication  of the trial or appeal case; and   (iii) the object and grounds  of the claim.  
(2) When a request for a trial for patent invalidation is filed, the grounds for the 
request that are set forth in item (iii) of the preceding paragraph must  concretely 
identify the facts that are  the basis invalidating  the patent and must  state the 
relationship of each fact that needs  to be proved to the evidence.  
(3) Whe n a request for a trial for correction is filed, the object and grounds  of the 
claim that are set forth  in paragraph (1 ), item (iii) must  be stated as provided by 
Order of the Ministry of Economy, Trade and Industry.  
(4) Whe n a request for a trial for corre ction is filed, the corrected description, claims 
or drawings must  be attached to the written request.  
 
(Amendment of Request for a Trial or A ppeal)  
Article 131 -2 (1) The amendment of a written request submitted pursuant to  
paragraph (1) of the preceding Article must  not be such as modifies the overall 
substance of request ; provided, however, that this does  not apply if the 
amendment falls under any of the following items:  
(i) the amendment is made with respect to the ground s for the request set forth  in 
paragraph (1) , item (iii) of the preceding Article in the course of filing a request 
for a  trial  or appeal other than a trial for patent invalidation;  
(ii) the amendment is allowed by a chief administrative judge  under the fo llowing 
paragraph; or 
(iii) an order has been issued to amend the written request pursuant to Article 
133, paragraph (1) (including as applied mutatis mutandis pursuant to Article 
120-5, paragraph (9) and Article 134 -2, paragraph (9)) and the amendment is 
made with respect to a matter so ordered  
(2) If a request for  a trial for patent invalidation  is filed and an amendment of the 
grounds for the request set forth  in paragraph (1), item (iii) of the preceding 
Article modifies the overall substance of those g rounds, the  chief administrative 
judge  may rule to allow the amendment upon finding there to clearly be no risk 
that the amendment will unreasonabl y delay the trial proceedings and that the 
circumstances fall under one of the following items : 
(i) a request  for correction as referred to in Article 134 -2, paragraph  (1) has been 
filed during  the trial for patent  invalidation and that request for correction has 
made in  necessary to  amend  the grounds for the request; or 
(ii) there are reasonable grounds other than what is set forth  in the preceding 
item for the  grounds for the request as amend ed not having been included  in 
the written request at the time the request for a trial was filed, and the 
respondent has agreed to the amendment.  
(3) The approval of the amendment as referred to  in the preceding paragraph may 
not be made  if the written amendment of proceedings for that  amendment is 
submitted prior to the service of a copy of the written request under Article 134 ,  paragraph  (1). 
(4) An appeal may not be filed  against a ruling  referred to in  paragraph (2 or 
inaction thereof .). 
 
(Joint Trial or Appeal ) 
Article 132  (1) If there are  two or more persons filing a request for a trial for patent 
invalidation or a trial for invalidation concerning  the registration of an extension 
in respect of the same patent right, these persons may jointly  file the request for 
the trial . 
(2) A request for trial or appeal is filed against a patentee that jointly owns the  
patent right, must  have  all of the joint owners as the respondents . 
(3) A request for trial or appeal is filed by a joint owner of a patent right or a right 
to the grant of  a patent  in respect of  the right under joint ownership  must be  
joint ly file d by all of the joint owners.  
(4) If there are ground s for continuance or suspension of trial or  appeal  proceedings 
in respect of one  of the person that has filed  a request for trial or appeal pursuant 
to paragraph (1) or (3) or in respect of one  of the persons on the responding side o f 
a request for trial or appeal filed pursuant to  paragraph (2), the continuance or 
suspension is valid against  all of them . 
 
(Dismissal by Ruling  in the Case of Non-compliance with Formal Requirements ) 
Article 133  (1) If a written request does not comply with Article 131, a chief 
administrative judge must  order the petitioner  to amend the written request  
within  a reasonable,  specified period of  time.  
(2) Other than in a  case as provided in the preceding paragraph, the chi ef 
administrative judge may order an amend ment  to be made with respect to a 
procedure involved in  the case under  trial  or appeal within  a reasonable  specified 
period of time, in any of the following cases:  
(i) the procedure does not comply with Article 7 , paragraphs (1) through  (3) or 
Article 9;  
(ii) the procedure does not comply with a formal requirements specified by  this 
Act or an order that is based on this Act ; or 
(iii) the fee for a procedure that is to be paid pursuant to  Article  195, paragraph 
(1) or (2) has not been paid;  
(3) The chief administrative judge may rule to dismiss a procedure involved in a 
case under trial if the person that the judge orders, pursuant to the preceding two 
paragraphs,  to make an amendment with respect to that procedure fails to make 
the amendment within the period of time the judge has specified  pursuant to 
those  paragraphs , or if the amendment violat es of Article 131 -2, paragraph  (1). 
(4) The ruling as referred to in the preceding paragraph must  be issued  in writing 
and the reasons for that ruling must be given .   
(Dismissal of Non-Compliant P rocedures ) 
Article 133 -2 (1) A chief administrative judge may, by a ruling, dismiss any 
procedures that are not compliant  and not amendable  among  the procedures 
pertaining to  a trial or appeal case (excluding a request for trial or appeal ). 
(2) Before  a chief administrative judge intends to dismiss a procedure under the 
preceding paragraph, the judge must  notify the person that undertook the 
proced ures of the reasons for dismissing it  and give the person an opportunity to 
submit a written  explanation  within  an adequate specified period of time.  
(3) A ruling as referred to in this paragraph (1) must  be issued  in writing and e the 
reasons for that rul ing must be given . 
 
(Submission of a Written Answer)  
Article 134  (1) Once  a request for trial or appeal  has been filed, a chief 
administrative judge must  serve a copy of the written request to the respondent  
and give the respondent  an opportunity to submit  a written answer  within  an 
adequate specified period of time.  
(2) If a chief administrative judge allows  the amendment  of a written request 
pursuant to  Article 131 -2, paragraph  (2), the judge must  serve a copy of the 
procedure  amendment form for that  amendment on the respondent , and must  
give the respondent  an opportunity to submit a written answer  within  an 
adequate specified period of time; provided, however, that this does  not apply if 
there are  special circumstances in occurrence in  which it is re cognized not to be 
necessary to give the respondent the  opportunity to submit a written answer.  
(3) Once  the chief administrative judge accepts  a written answer as referred to in  
paragraph (1) or the main clause of the preceding paragraph , the judge must  
serve a copy thereof to the petitioner . 
(4) The chief administrative judge may interrogate  the parties and any intervenors 
with regard to a trial or  appeal.  
 
(Request for Correction during Trial for Patent Invalidation)  
Article 134 -2 (1) The respondent  in a trial for patent invalidation may file a 
request for a correction of the description, claims or drawings  attached to the 
written application only within a period of  time that is specified pursuant to  
paragraph (1) or (2) of the preceding Ar ticle, the following Article, Article 153 , 
paragraph  (2), or Article 164 -2, paragraph  (2); provided, however, that the 
correction is limited to one with the following purposes:  
(i) restriction of the claims;  
(ii) correction of errors or mistranslations;  
(iii) clarification of an ambiguous  statement;  and 
(iv) rewriting a claim that cites another claim into a claim that  does not cite th at  other claim.  
(2) If two or more of the patent claims accompanying a request would be corrected 
the request for correction referred to in  the preceding paragraph may be filed on a 
claim -by-claim basis ; provided, however, that the request for correction referred 
to in that paragraph must  be filed on a claim -by-claim basis  if a request for a trial 
for patent invalidation has been filed on a claim -by-claim basis . 
(3) In the case  referred to in  the preceding paragraph, whe n there is a claim set 
among the two or more  claims, the request must  be filed on a set-by-set basis . 
(4) Once a chief administrative judge ac cepts a written request for correction as 
referred to in paragraph (1) and the corrected description, claims or drawings 
attached to a request, the judge must serve a copy thereof on the petitioner.  
(5) An administrative judge  may examine grounds that have  not been pleaded by a 
party to a case or an intervenor in looking at whether a request for correction as 
referred to in  paragraph (1) fails to be for a purpose  set forth  in one of the items 
of the proviso to the paragraph, or in looking at whether it fail s to conform to the 
provisions of paragraphs (5) through (7) of Article 126 as applied mutatis 
mutandis pursuant to paragraph (9)  after the deemed replacement of terms.  In 
this case, if the chief administrative judg e does not allow the request for 
correcti on because of such grounds, the judge must  notify the parties to the case 
and the intervenors of the result s of the examination and give them an 
opportunity to state their opinions  within  an adequate  specified period of time . 
(6) If a request for correctio n as referred to in paragraph (1) is filed and another 
request for correction has been filed previously in the relevant case under trial , 
the previous request is deemed to be w ithdrawn.  
(7) A request for correction as referred to in paragraph (1) may be withdrawn only 
within the period of time during which an amendment as referred to in  Article 
17-5, paragraph  (2) may be made with regard to the corrected description, claims 
or drawings attached to the written request for correction  referred to in that 
paragraph. In this case, if the request  for correction as referred to in paragraph 
(1) has been filed on a claim -by-claim  basis  or a set -by-set basis  pursuant to 
paragraph (2) or (3), all those requests must  be withdrawn.  
(8) If a req uest for a trial for patent invalidation has been withdrawn for each claim 
pursuant to Article 155 , paragraph  (3), the request for correction as referred to in 
paragraph (1) is deemed to be withdrawn on a claim -by-claim basis , and if all 
requests in the case under  a trial for patent  invalidation are withdrawn, all the 
requests for correction as referred to in the paragraph in the case under  trial  are 
deemed to be withdrawn.  
(9) Article 126 , paragraphs (4) through (8), Articles 127  and 128, Article 131, 
paragraphs  (1), (3) and (4), Article 131-2, paragraph  (1), Article 132, paragraphs  
(3) and (4), and Article 133, paragraphs  (1), (3) and (4) apply mutatis mutandis to 
the case referred to in  paragraph (1). In this case, the term "item (i) or (ii) of the  proviso to paragraph (1 )" in Article 126 , paragraph  (7) is deemed to be replaced 
with "item (i) or (ii) of the proviso to paragraph (1) in connection with  a claim in 
respect of which a request for a trial for patent invalidation is not filed ". 
 
(Request for Correction whe n Rescission Judgment  is Rendered ) 
Article 134 -3 If a judgment rescinding a trial decision in a trial for patent 
invalidation (limited to a trial decision concluding that there are no grounds  for 
request ing a trial ) as under Article 181 , paragraph  (1) become s final and binding, 
and the proceedings under pa ragraph (2) of the Article  are initiated ,the chief 
administrative judge may specify  to the respondent  an adequate period of time 
for filing a request for the correction of the description, claims  or drawings  
attached to the written application, but only i f the respondent files a petition to 
do so  within one week from the date that the  judgment becomes final and 
binding.  
 
(Dismissal of Non-Compliant R equest  for Trial  or Appeal  by Decision  on Trial or 
Appeal ) 
Article 135 A non-compliant request for trial  or appeal  that is not amendable may   
be dismissed by a decision on the trial or appeal without the responde nt being 
given  an opportunity to submit a written answer.  
 
(Panel System  for Trial and Appeal ) 
Article 136  (1) A trial or appeal is conducted by a panel consisting of either three or 
five administrative judges.  
(2) A panel as referred to in  the preceding paragraph reaches its decisions  by a 
majority vote.  
(3) Administrative judge q ualifications are specified  by Cabinet Order.  
 
(Designation of Administrative Judges ) 
Article 137  (1) The Commissioner of the Japan  Patent Office must  designate the 
administrative judge that make up the  panel referred to  Article 136 , paragraph  
(1) for each case under trial or appeal (for a case under trial or appeal  in respect 
of filing that is examined by an examiner pursuant to  Article 162, this is limited 
to if a report under Article 164 , paragraph  (3) has been submitted ). 
(2) If one  of the administrative judges designated pursuant to in the preceding 
paragraph is unable to participate in the trial or  appeal, the Commissioner of the 
Japan  Patent Office must dissolve  that designation and appoint another 
administrative judge to fill the vacancy.  
 
(Chief administrative judge )  Article 13 8(1) The Commissioner of the Patent Office shall designate one of the 
administrative judges designated under paragraph (1) of the preceding Article as 
the chief administrative judge . 
(2) The chief administrative judge shall preside over matters r elating to the trial.  
 
(The Disqualification of Administrative Judges)  
Article 139 An administrative judge is  disqualified  from acting as judge  in the 
following cases:  
(i) the administrative judge  or the judge's  spouse or former spouse is or was 
formerly a party to the case  or an intervenor or a patent opponent in the case;  
(ii) where the administrative judge  is or was  a relative by blood within the fourth 
degree of kinship, a relative by affinity within the thir d degree of kinship or a 
relative living together (as defined in the Civil Code of Japan) of a party in the 
case or an intervenor in the case ; 
(iii) where  the administrative judge  is a guardian, a supervisor of a guardian, a 
curator, a supervisor of the cu rator, an assistant or a supervisor of the 
assistant of a party in the case or an intervenor  or a patent opponent  in the 
case;  
(iv) the administrative judge  become s a witness or an expert witness in the case;  
(v) the administrative judge  is or was formerly  the agent  of a party to the case or 
an intervenor  or a patent opponent  in the case;  
(vi) the administrative judge was involved in the case connected to the appeal 
that has been filed against the examiner's decision as the examiner; or  
(vii) where the administrative judge handling a case of an application to register 
an extension under Article 6 7(2) was involved, as the examiner, in the 
examination of the patent application regarding the patent right connected to 
the case;  
(viii)  the administrative jud ge has a direct interest in the case.  
 
Article 140 If there are any ground s for disqualification as referred to in  Article 
139, a party or an intervenor may file a motion requesting the exclusion.  
 
(Challenging against  Administrative  Judge)  
Article 141  (1) If there exist any circumstances involving  an administrative judge 
that could prejudice  the fairness  of proceedings of a trial  or appeal , a party or an 
intervenor may challenge  the administrative judge.  
(2) A party or an intervenor may not challenge  an administrative judge after 
offering  a written or oral statement to the administrative judge with regard to 
the case; provided, however, that this does  not apply if the party or the intervenor 
is not aware o f the ground s for challenge at that time  or if the ground s for 
challenge  occur thereafter .   
(Formal Requirements  for a Motion to Disqualify  or Challenge ) 
Article 142  (1) A person filing a motion to disqualify  or challenge must  submit a 
document to the Comm issioner of the Japan  Patent Office stating the grounds 
therefor; provided, however, that in oral proceedings this motion  may be made 
orally.  
(2) A prima facie showing of  grounds for disqualification  or for the challenge must  
be made within three  days from the motion as referred to in  the preceding 
paragraph is filed. The same applies  with respect  to the facts referred to  in the 
proviso to Article 141 , paragraph  (2). 
 
(Ruling on a Motion to Disqualify  or Challenge ) 
Article 143  (1) If a motion to disqualify  or challenge is  filed, the administrative 
judges other than  the administrative judge named in the motion try that motion 
and issue  a ruling;  provided, however, that the judge named in the motion may 
present an opinion.  
(2) A ruling as referred to  in the preceding paragraph must  be issued  in writing and 
the reasons for that ruling must be given . 
(3) No appeal may be filed  against the ruling as referred to in  paragraph (1 or 
inaction thereof ). 
 
Article 144 If a motion to disqualify  or challenge is  filed, trial and appeal 
proce edings must  be suspended until the ruling on the motion is issued ; provided, 
however, that this does  not apply when  urgent action  is necessary . 
 
(Trial and Appeal C lerks) 
Article 144 -2 (1) The Commissioner of the Japan  Patent Office must  designate a 
clerk for each trial or appeal case ( for a case under trial in respect of a filing  that 
is examined by an examiner pursuant to Article 162, this is limited to if a report 
under Article 164 , paragraph  (3) has been submitted ). 
(2) Qualifications of trial and appeal clerks are provided by Cabinet Order  
(3) If a trial or appeal clerk designated pursuant to  paragraph (1) is unable to 
participate in the trial  or appeal , the Commissioner of the Japan  Patent Office 
must  dissolve that designat ion and designate  another trial or appeal clerk.  
(4) The trial or appeal clerk undertake s clerical  affairs in respect of record 
preparation and service of process for the trial or app eal record  and, at the order 
of a chief administrative judge, undertake s any other clerical affairs for that case . 
(5) Article s 139 (excluding item (vi ) and (vii)) and 140 through  144 apply mutatis 
mutandis to a trial  and appeal  clerk. In this case, the trial or appeal clerk named 
in the motion to disqualify or challenge  may not participate in the trial as regards  
to the disqualification  or challenge .   
(Formal Requirement for  Trial and Appeal Proceedings)  
Article 145  (1) A trial for patent  invalidation or a trial for invalidation concerning  
registration of patent term extension is conducted through  oral proceedings; 
provided, however, that a chief administrative judge may decide to conduct the 
trial through  written  proceedings , at the motion of a party or intervenor or by the 
judge 's own authority . 
(2) A Trial and appeal , other than one  provided for in the preceding paragraph  is 
conducted through  written  proceedings; provided, however, that a chief 
administrative judge may to conduct such a  trial or appeal through  oral 
proceedings , at the motion of a party or by the judge 's own authority . 
(3) If a trial or appeal  is conducted through  oral proceedings pursuant to  paragraph 
(1) or the proviso to the preceding paragraph, the chief administrative jud ge must  
set the date and the place for the trial or appeal  and summon the parties and the 
intervenor s to appear  on that date.  
(4) Article 94  (Summon s to Appear  on a Court  Date) of the Code of Civil Procedure 
applies  mutatis mutandis to a summon s to appear  on a trial  date as referred to  in 
the preceding paragraph.  
(5) The oral proceedings under paragraph (1) and the proviso to paragraph (2) are 
open to the  public; provided, however, that this does  not apply if open proceedings 
is likely to disrupt the  public policy . 
(6) The chief administrative judge may, at the  motion of a party or intervener or by 
the judge's  own authority, conduct proceedings on the date  for the trial  referred to 
in paragraph (3) in a way that enables the admin istrative judges and the trial 
and appeal clerk,  and, the parties and the interveners  to communicate with one 
another, with an awareness of one another's state of being, through audio and 
visual transmissions , pursuant to Order of the Ministry of Economy, Trade and 
Industry . 
(7) The parties and interveners  who have participated in the proceedings referred 
to in the preceding paragraph without appearing on the date referred to in 
paragraph (3) are deemed to have appeared on that date  for the trial . 
 
Article 146 Article 154  (Presence  of Interpreter s) of the Code of Civil Procedure 
applies  mutatis mutandis to a trial  or appeal . 
 
(Records ) 
Article 147  (1) For oral proceedings under paragraph (1) or the proviso to paragraph 
(2) of Article 145, the trial or appeal clerk must  prepare a trial or appeal record 
giving an overview  of the proceedings and all other necessary details  on each trial 
or appeal date.  
(2) If a trial or appeal clerk is issued  an order by the chief administrative judge  with regard to the preparation or modification  of a trial or appeal record referred 
to in  the preceding paragraph but finds such preparation or modification to be  
inappropriate, the clerk may make a note of this  opinion  in the record . 
 
(3) Paragraphs (2) and (3) of Article 160  (Record  of Oral Arguments ) apply mutatis 
mutandis to the trial or appeal record referred to in  paragraph (1).  
 
(Intervention)  
Article 148  (1) A person that may file a request for a trial pursuant to  Article 132 , 
paragraph  (1) may intervene in the trial as a petitioner up  until such time as  the 
proceedings  reach a  conclusion . 
(2) An intervenor as under the preceding paragraph may continue to pursue the 
trial proce edings even after the original party withdraw s the request for that 
trial.  
(3) A person with an interest in the result s of a trial or appeal may intervene in the 
trial or appeal to assist one of the original parties up until such time  as the 
proceedings  reach a  conclusion . 
(4) An intervenor as under the preceding paragraph may act in respect of  all trial or 
appeal proce edings. 
(5) If there are ground s for continuance  or suspension of trial or appeal proce edings 
in respect  of an intervenor as under paragraph (1) or (3), the continuance  or 
suspension is valid against  the original parties.  
 
Article 149  (1) A person applying to intervene must  submit an application for 
intervention to a chief administrative judge.  
(2) If an applicati on for intervention is filed , the chief administrative judge must  
serve a copy of the application for intervention on the original parties and any 
intervenor s and give them  an opportunity to present their opinions  within  an 
adequate , specified period of  time. 
(3) If an application for intervention is filed, the administrative judge s for the trial 
or appeal in which the applicant intends to intervene try that application issue  a 
ruling.  
(4) The ruling as referred to in the preceding paragraph must  be issued  in writing 
and reasons for that ruling must be given . 
(5) No appeal may be filed  against the ruling referred to in  paragraph ( 3) or  
inaction thereof  
 
(Examination and Preservation  of Evidence ) 
Article 150  (1) Evidence may be examined in a trial  or appeal , at the  motion of a 
party or an intervenor, or on the judge  's own authority . 
(2) Evidence may be preserved for trial  or appeal , either at the  motion of an  interested person prior to the filing of a request for a trial or appeal , or at the 
motio n of a party or an intervenor , or on the judge's own authority once  the trial 
or appeal  is pending.  
(3) A motion prior to the filing of a request for a trial or appeal  as under the 
preceding paragraph must  be filed with  the Commissioner of the Japan  Patent  
Office.  
(4) If a motion is filed prior to the filing of a petition for a trial or appeal as under 
paragraph (2), the Commissioner of the Japan  Patent Office must  designate the 
administrative judge and trial or appeal clerk that are to  be in charge of 
preserv ing the evidence.  
(5) If evidence is examined or preserved pursuant to  paragraph (1) or (2), by the 
judge's own authority, the chief administrative judge must  notify the parties and 
intervenors  of the result s thereof and give them  an opportunity to present their 
opinions  within  a reasonable,  specified period of  time.  
(6) The examination or preservation of evidence referred to in  paragraph (1) or (2) 
may be entrusted to the district court or summary court with  jurisdiction over the 
matter.  
 
Article 151 Article 145, paragraphs (6) and (7), Article 147 of this Act and Article  
93, paragraph (1) (Designation  of Court D ates), Article 94 (Summons to Appear  
on a Court  Date), Articles 179 through  181, 183 through  186, 188, 190, 191, and 
195 through  198, Article 199, paragraph (1), Articles 201 through  204, 206, 207, 
and 210 through  213, Article 214, paragraphs (1) through  (3), Articles 215 
through  222, Article 223, paragraphs (1) through  (6), Articles 226 through  228, 
Articles 229, paragraphs  (1) through  (3), Article 231, Article 232, paragraph (1), 
Articles 233, 234, 236 through  238, and 240 through  242 (Re-examination  During 
Oral Arguments ), and Article 278 ( Submission of Document s in Lieu of 
Examination)  of the Code of Civil Procedure apply  mutatis mutandis to the 
examination and preservation of evidence under the preceding Article. In this 
case, the term "facts admitted by a party in court and obvious  facts " in Article 
179 of the Code of Civil Procedure is deemed to be replaced with "obvious facts ", 
and the term "the rules of the Supreme Court " in Article 204 and 215 -3 of the 
Code is deemed to be replaced with "Ord er of the Ministry of Economy, Trade and 
Industry ". 
 
(Proceedings  by Chief Administrative Judg e's Own Authority ) 
Article 152 The chief administrative judge may proceed with trial  or appeal  
procedures, even if a party or intervenor fails to undertake a required procedure  
within the statutory  or specified period of  time and even if  the person fails t o 
appear pursuant to the provision s of Article 145 , paragraph  (3). 
  Article 153  (1) Grounds  not pleaded by a party or intervenor may also be examined 
in a trial  or appeal . 
(2) If grounds not pleaded by a party or intervenor are examined pursuant to  the 
preceding paragraph, the chief administrative judge must  notify the parties and 
the intervenors  of the result thereof and give them  an opportunity to present 
opinions  within  a reasonable, specified period of  time.  
(3) No object of claim not claimed by the petitioner  may be examined in a trial  or 
appeal . 
 
(Joint or Separate Conduct  of Proceedings ) 
Article 154  (1) Whe n one or both parties to two or more trials  or appeals  are 
identical, the proceedings may be jointly conduct ed. 
(2) Proceedings that are jointly conducted pursuant to  the preceding paragraph may 
later be separately conducted.  
 
(Withdrawal of Request  for Trial or Appeal ) 
Article 155  (1) A request for a trial or appeal may be withdrawn up until such time 
as the  decision on the trial or appeal becomes final and binding.  
(2) A request for a trial or appeal may not be withdrawn without the consent of the 
adverse party, once  the written answer referred to in  Article 134 , paragraph  (1) 
has been submitted.  
(3) If a reque st for a trial for patent invalidation is filed in respect  of two or more 
claims in a patent that has two or more claims, that request may be withdrawn 
on a claim -by-claim basis . 
(4) If a request  for a trial for correction has been  filed on claim -by-claim basis  or 
set-by-set basis  any withdrawal of the request must constitute the withdraw  all 
requests.  
 
(Notice of the C onclusion of Proceedings)  
Article 156  (1) When a case reache s the point at which a decision on the trial or 
appeal can  be rendered in a trial other than a trial for patent invalidation , the 
chief administrative judge must  notify the parties and intervenors  of the 
conclusion of the proceedings.  
(2) When  a trial for patent  invalidation case reache s the point at which a trial 
decision can be rendered, and an advance notice  of a trial decision as referred to 
in Article 164 -2, paragraph (1) is not given  or when  an advance notice  of a trial 
decision  as referred to in Article 164 -2, paragraph  (1) has bee n given  but the 
respondent  does not file a request for correction as referred to in  Article 134 -2, 
paragraph  (1) or make an amendment as referred to in  Article 17 -5, paragraph (2) 
within the period of time that has been specified pursuant to Article 164 -2, 
paragraph (2), the chief administrativ e judg e must  notify the parties and  intervenors of the conclusion of the proceedings.  
(3) A chief administrative judge may resume proceedings, upon a motion  of a party 
or intervenor, or by the judge's  own authority, w hen necessary, even after the 
notice has been given under the preceding two paragraphs.  
(4) A trial  decision must  be rendered within 20 days from the date on which the 
notice under paragraph (1) or (2) is issued; provided, however, that this does not 
apply if the case is complex or there are unavoidable reasons for not doing so . 
 
(Trial or Appeal  Decision s) 
Article 157  (1) When a decision on a trial or appeal is  rendered, the trial or appeal  
is reached . 
(2) A decision on a trial or appeal must  be rendered in writing stating the following 
matters:  
(i) the trial or appeal number;  
(ii) the name, and domicile or residence of each of the parties, intervenors  and 
agents ; 
(iii) an identification of the trial or appeal case;  
(iv) the conclusion of and reasons for the decision  on the trial or appeal ; and  
(v) the date of the decision  on the trial or appeal . 
(3) Whe n a decision on a trial or appeal is rendered, the Commissioner of the Japan  
Patent Office must  serve a ce rtified copy of the decision to the parties, 
intervenors  and person whose application to interven e has been rejected . 
 
(Special Provisions Regarding Appeals  against a Rejection ) 
Article 158 A procedure under taken  during an examination is also valid during  an 
appeal against a rejection . 
 
Article 159  (1) Article 53 applies  mutatis mutandis to an appeal against a rejection . 
In this case, the term "Article 17 -2, paragraph  (1), item (i) or (iii )" in Article 53 , 
paragraph  (1) is deemed to be replaced with "Article 17 -2, paragraph  (1), item (i), 
(iii) or (iv )", and the term "an amendment " in Article 53 , paragraph  (1) is deemed 
to be replaced with "an amendment (in the case of Article 17 -2, paragraph  (1), 
item (i) or (iii), excluding any amendment made prior to the filing  of an  appeal 
against the rejection )". 
(2) Article 50 and Article 50 -2 apply mutatis mutandis when any of the  reasons  for 
rejection  found in an appeal against a rejection are  different from the reasons  for 
the examiner's  decision. In this case, the term "in cases as set forth in  Article 17 -
2, paragraph  (1), item (i) or (iii) (in the case of item (i), limited to if the examiner 
issues  the notice under the following  Article together  with the notice of grounds  
for rejection)"  in the proviso to Article 50 is deemed to be replaced with "in cases 
set forth in  Article 17 -2, paragraph  (1), item (i) (limited to if the examiner issues  the notice under the following  Article together  with the notice of grounds  for 
rejection , and excluding a case in which  the applicant makes an amendment prior 
to filing a request for appeal against a rejection ), item  (iii) (excluding a case in 
which  the applicant makes an amendment prior to filing a re quest for appeal 
against a rejection ) or item (iv)". 
(3) Articles  51, Article 67 -3(2) to (4) and Article 67 -7(2) to (4) shall  apply mutatis 
mutandis to an appeal where a request for appeal against an examiners decision 
of refusal is found to have reasonabl e grounds . 
 
Article 160  (1) If the examiner's  decision is rescinded in an appeal against a 
rejection , an appeal decision ordering  a further examination may be issued . 
(2) The determination  in an appeal decision as referred to in  the preceding 
paragraph is binding upon the examiner with respect to the case.  
(3) Article 159 , paragraph  (3) does  not apply if an appeal decision as referred to in  
paragraph (1) is rendered.  
 
Article 161 Article 134 , paragraphs (1) through (3), and Artic les 134 -2, 134 -3, 148 
and 149 do not apply to an appeal against a rejection . 
 
Article 162 If an appeal is filed against a rejection and , at the same time that  the 
appeal is field  an amendment is made to the description, claims or drawings 
attached to the written application in the patent application to which the request 
pertains  the Commissioner of the  Japan  Patent Office must  have an  examiner 
examine the filing . 
 
Article 163  (1) Articles 48, 53 and 54 apply mutatis mutandis to an examination 
under the preceding Article. In this case, the term "Article 17 -2, paragraph  (1), 
item (i) or (iii )" in Article 53 , paragraph  (1) is deemed to be replaced with "Article 
17-2, paragraph  (1), item (i), (iii) or  (iv)" and the term "an amendment " in Article 
53, paragraph  (1) is deemed to be replaced with "an amendment (in the case set 
forth in item (i) or (iii), excluding an amendment made prior to the request for 
appeal against a rejection )". 
(2) Article s 50 and 50 -2 apply mutatis mutandis if any of the reasons  for rejection 
from the  reason for the examiner's  decision is discovered  in the request for appeal 
during an  examination under the preceding Article. In this case, the term "in 
cases as set forth in  Article 17 -2, paragraph  (1), item (i) or (iii) (in the case set 
forth in  item (i), limited to if the examiner issues  the notice under the following  
Article together  with the notice of grounds  for rejection)"  in the proviso to Article 
50 is deemed to be rep laced with "in cases set forth in  Article 17 -2, paragraph  (1), 
item (i ) (limited to if the examiner issues the notice under the following  Article 
together  with the notice of the grounds  for rejection , and excluding a case in  which  the applicant makes an amendment prior to filing a request for appeal 
against a rejection ), item  (iii) (excluding a case in which  the applicant makes an 
amendment prior to filing a request for appeal against a rejection ) or item (iv)". 
(3) Articles 51 and 52 apply mutatis mu tandis if there are  found to be grounds for 
appeal during  examination under the preceding Article.  
 
Article 164  (1) In an examination under Article 162, if the examiner reaches  the 
decision to the effect that a patent is to be granted, the examiner must  rescind 
the examiner's  decision to reject the application  that was the basis of the appeal.  
(2) Except in a case as provided in  the preceding paragraph, an examiner must  not 
render a ruling dismissing an amendment under Article 53 , paragraph  (1) as 
applied mutatis mutandis pursuant to  Article 163 , paragraph  (1). 
(3) Except in a case as provided in  paragraph (1), an examiner must  report the 
result s of the examination to the Commissioner of the Japan  Patent Office 
without reaching  a decision on the filing of the appeal.  
 
(Special Provisions on Trial  for Patent I nvalidation ) 
Article 164 -2 (1) Whe n a case in a trial for patent  invalidation reache s the point at 
which a trial decision can be rendered, if the chief administrative judge finds 
there to be  reasonable ground s for the request for the trial and if otherwise  
provided by Order of the Ministry of Economy, Trade and Industry, the judge 
must give  the parties and intervenors advance notice of the trial decision . 
(2) Whe n a chief administrative judge gives  advance notice of a trial decision as 
referred  to in the preceding paragraph, the judge must  specify  an adequate period 
of time for respondent to f ile a request for correction of the description, claims or 
drawings attache d to the written application.  
(3) Article 157 , paragraph  (2) applies  mutatis mutandis to the advance notice of a 
trial decision that is referred to in  paragraph (1).  
 
(Special Provisions on Trials  for Correction ) 
Article 165 If the purpose of a trial  for correction not one of those set forth  in the   
proviso to Article 126 , paragraph  (1) or the correction does not comply with 
Article 126 , paragraphs (5) through  (7),the chief administrative judge must  
notify the petitioner  of the reasons therefore and give the petitioner  an 
opportunity to submit a written opinion  within  an adequate , specified period of  
time .  
 
Article 166 Article 134 , paragraphs (1) through (3), and Articles 134 -2, 134 -3, 148 
and 149 do not apply to a trial  for correction.  
 
(Effect of a Trial D ecision )  Article 167 Once the  trial decision in a trial for patent  invalidation or a decision in 
a trial for invalidation of registration of patent term extension has become  final 
and binding , neither the parties nor i ntervenors may file a request for either 
such kind of trial on the basis of the same facts or evidence.  
 
(Scope of Final and Binding Decision  Trial or Appeal ) 
Article 167 -2 (1) A decision on a trial or appeal become s final and binding on a 
trial/appeal  case-by-trial/appeal case basis ; provided, however, that, in a case 
as set forth  in one of the following items, the decision on the trial or appeal 
become s final and binding as provided in the corresponding item s: 
(i) a request for a trial for pate nt invalidation has been filed on a claim -by-claim  
basis  and a request for correction as referred to in  Article 134 -2, paragraph  (1) 
is filed on a set -by-set basis : on a set -by-set basis ; 
(ii) a request for a trial for correction is filed on a set -by-set b asis: on a set -by-set 
basis ; and,  
(iii) a request for a trial or appeal is  filed on a claim -by-claim  basis  other than as 
set forth  in item (i): on a claim -by-claim basis  
 
(Connection with  Litigation)  
Article 168  (1) If it is found to be  necessary during a trial or appeal, the trial  or 
appeal proceedings may be suspended until the ruling on an opposition to a 
granted patent or the decision from  another trial or appeal become s final and 
binding or until litigation  proceedings conclude . 
(2) If an action has been instituted or a motion has been filed for an order of 
provisional seizure or an order of provisional disposition and the court finds  it to 
be necessary, the court may suspend litigation proceedings  until the decision on 
the trial or appeal becomes final and binding.  
(3) If an action is instituted with respect to infringement of a patent right or  
violation of  an exclusive license the court is to notify the Commissioner of the 
Japan Patent Office of this.  The same applies once  the litigation  proceedings 
conclude.  
(4) If the Commissioner of the Japan Patent Office  is notified as provided in the 
preceding paragraph, the commissioner is to notify the court of whether a request 
for a  trial  or appeal has been filed with Japan Patent Office with regard to th at 
patent right. The same applies if the Japan Patent Office issues a ruling 
dismiss ing the written request for the trial  or appeal, if it renders a decision on 
the trial or appeal in such a trial or appeal, or if the request for such a trial or 
appeal is withdrawn . 
(5) If the court is notified pursuant to the preceding paragraph  that a request for a 
trial or appeal with regard to the relevant  patent right , and if a document stating 
a method  of allegation or evidence under  Article 104 -3, paragraph  (1) has already  been submitted in the litigation  prior to the notice or the document is submitted 
for the first time after the notice, the court must  notify the Commissioner of the 
Japan  Patent Offi ce of that fact . 
(6) If the Commissioner of the Japan Patent Office is notified as provided in the 
preceding paragraph, the commissioner may request the court to deliver copies of 
any record of the litigation  which the administrative judge s consider necessary 
for the trial or appeal . 
 
(Burden of Costs of a Trial or Appeal ) 
Article 169  (1) The burden of costs in connection with a trial for patent invalidation 
or trial for invalidation concerning  registration of a patent term extension must  
be decided by the court's own authority  by a trial decision if the trial ends  by a 
trial decision or by a ruling during  the trial if the trial ends  otherwise.  
(2) Articles 61 through  66, Article  69, paragraphs (1) and (2), Article 70, and Article 
71, paragra ph (2) (Bearing of litigation costs) of the Code of Civil Procedure apply 
mutatis mutandis to costs of a trial provided for in  the preceding paragraph. In 
this case, the term "the Rules of the Supreme Court " in Article 71 , paragraph  (2) 
of the Code is deemed to be replaced with "Ord er of the Ministry of Economy, 
Trade and Industry ". 
(3) The costs of an appeal against a rejection or  a trial for correction are borne by 
the petitioner . 
(4) Article 65  (Burden  of Costs in Joint Litigation ) of the Code of Civil Procedure 
applies  mutatis mutandis to the costs to be borne by the petitioner pursuant to  
the preceding paragraph.  
(5) The amount of costs in connection with a trial or appeal  is determined by the 
Commissioner of the  Japan  Patent Offi ce upon request, after the decision or 
ruling on the trial or appeal has become final and binding.  
(6) The scope, the amount and the payment of the costs in connection with a trial  or 
appeal , and the payment required for undertaking a procedur al act in  a trial or 
appeal are  governed by the relevant provisions of the Act on Costs of Civil 
Procedure ( excluding provisions in Chapter II, Sections 1 and 3 of the Act) unless 
this is  contrary to their nature .  
 
(Enforceability of Ruling s on the A mount  of Costs) 
Article 170 A final and binding ruling on the amount of costs for a trial or appeal  
has the same effect as that of an enforceable title of obligation.  
 
Chapter VII Retrial s 
 
(Request for a Retrial)  
Article 171  (1) A party or an intervenor may file a request for a retrial against a  final and binding revocation decision and a final and binding trial decision.  
(2) Article 338 , paragraphs (1) and (2), and Article 339 (Grounds for Retrial) of the 
Code of Civil Procedure appl y mutatis mutandis to a request for a retrial as 
referred to in the preceding paragraph.  
 
Article 172 (1) If the petitioner and a respondent in  a trial  or appeal have conspired  
to bring about  a decision on the trial or appeal with the aim of harming the right s 
or interest s of a third party, the third party may file a request for a retrial to 
overturn the final and binding decision.  
(2) A request for a retrial as referred to in the preceding paragraph must  be filed 
against the petitioner  and th e respondent  from the  trial or appeal as joint 
respondents . 
 
(Period for Request for Retrial)  
Article 173  (1) A request for a retrial must  be filed within 30 days from the date on 
which the petitioner  becomes aware of the grounds for the retrial after the 
revocation decision or the decision on the trial or appeal becomes final and 
binding.  
(2) If a person fil ing a request for a retrial is unable to file the request within the 
period provided for in th e preceding paragraph due to reasons beyond the 
person's control, notwithstanding the paragraph, the person may file the request 
within 14 days (i f the person is an  overseas resident, within two months) after 
the date on which th ose reasons cease to exist, but not later than  six months after 
the end of the  aforementioned period . 
(3) If a request for a retrial is filed on the ground s that the petitioner  was not 
represented in accordance with the provisions  of law , the period provided for in 
paragraph (1) is counted from the day following  that on which the petitioner or 
the statutory agent  is served and thereby leans  that the revocation decision or  
the trial decision ha s been rendered.  
(4) A request for a retrial may not be filed once  three years have passed si nce the 
date that the revocation decision or  the trial decision became final and binding.  
(5) If ground s for a retrial arise after the revocation decision or  the trial decision 
becomes final and binding, the period  provided for in the preceding paragraph is 
counted from the day following th at on which the ground s first ar ise. 
(6) Paragraphs (1) and (4) do not apply to a request for a retrial filed on the ground s 
that the trial decision is in conflict with a final and binding tria l decision 
previously rendered.  
 
(Application Mutatis Mutandis of Provisions on Trials and Appeals ) 
Article 174  (1) Articles 114, 116 through  120-2, and 120-5 through  120-8, Article 
131, paragraph (1), the main clause of Article 131-2, paragraph (1), Artic le 132,  paragraph (3), Article 154, Article 155, paragraphs (1) and (3), and Article 156, 
paragraphs (1), (3) and (4) apply mutatis mutandis to a retrial following  a final 
and binding revocation decision.  
(2) Article 131 , paragraph (1), the main clause of Article 131-2, paragraph (1), 
Article 132, paragraphs (3) and (4), Articles 133 and 133-2, Article 134, 
paragraph (4), Articles 135 through 147 and 150 through 152, Article 155, 
paragraph (1), Article 156, paragraphs (1), (3) and (4), Articles 157 through 160, 
the main clause of Article 167-2, Article 168, Article 169, paragraphs (3) through 
(6), and Article 170 appl y mutatis mutandis to a retrial following  a final and 
binding appeal  decision from an appeal  against  a rejection . 
(3) Article  131, para graph (1), the main clause of Article 131-2, paragraph (1), 
Article 132, paragraphs (1), (2) and (4), Articles 133 and 133-2, Article 134, 
paragraphs (1), (3) and (4),  Articles  135 through  152, Article 154, Article 155, 
paragraphs (1) through  (3), Article 156, paragraphs (1), (3) and (4), Articles 157, 
167, and 168, Article 169, paragraphs (1), (2), (5) and (6), and Article 170 apply 
mutatis mutandis to a retrial following the final and binding trial decision from  
an trial for patent invalidation or  from a trial for invalidation of registration of a 
patent term extension.  
(4) Articles 131, paragraphs (1) and (4), the main clause of Article 131 -2, paragraph 
(1), Article 132, paragraphs (3) and (4), Articles 133 and 133 -2, Article 134, 
paragraph (4), A rticles 135 through 147 and 150 through152, Article 155, 
paragraphs (1) and (4), Article 156, paragraphs (1), (3) and (4), Articles 157, 165, 
167-2, and 168, Article 169, paragraph (3) through (6), and Article 170 apply 
mutatis mutandis to a retrial follow ing the final and binding trial decision from a 
trial for correction.  
(5) Article 348 , paragraph  (1) (Scope of Proceedings ) of the Code of Civil Procedure 
applies  mutatis mutandis to a retrial.  
 
(Restriction on the E ffect of Patent Right Restored by Retrial)  
Article 175  (1) If a patent right s under  a revoked or invalidated patent or a patent 
right s under  an invalidated registration of patent term  extension are restored on 
retrial, or if the establishment of a patent right or the paten t term extension 
with respect to a patent application or an application for registration of patent 
term extension which was rejected  by a trial decision has been registered by a 
retrial, and the patent was granted on an  invention that is  a product, the patent 
right is not effective against any relevant product imported into or produced or 
acquired in Japan in good faith , after the revocation decision or the trial decision 
becomes final and binding but before  the registration of the request for a retrial.  
(2) If a patent right s under a  revoked or  invalidated patent or a patent right s under  
an invalidated registration of patent term extension are restored on retrial , or if 
the establishment of a patent right or  the patent term extension is registered on  retrial in  respect of a patent application or an application for registration of 
patent term extension that was rejected in a trial decision  the patent right is not 
effective against the following act ions a s performe d after the revocation decision 
or the trial decision bec omes final and binding and before the registration of the 
request for a retrial:  
(i) working  the invention in good faith ; 
(ii) if the  patent was granted on an  invention that is  a product, producing, 
transferring , etc., importing or offering to transfer , etc. any article  used in the 
production of the  product in good faith;  
(iii) if a patent was granted on an invention that is a product, possessing  the 
product for the purpose of  transferring , etc. or exporting it in good faith ; 
(iv) if the  patent was granted on an  invention that is  a process , producing, 
transferring , etc., importing or offering to transfer , etc. article  used in that  
process in good faith ; and  
(v) if the patent was granted on an invention that is  a process for producing a 
product, possessing the product produced by the process for the purpose of  
transferring , etc. or exporting it in good faith . 
 
Article 176 If patent right under  a revoked or invalidated patent or a patent right 
under an invalidated registration of patent term  extension are restored on retrial , 
or if a patent right or the patent term extension is registered on retrial in respect 
of a patent appl ication or an application to register a patent term  extension that 
was rejected in  a trial decision and a person has  been engaging or preparing to 
engage in business that involves the working the invention in Japan in good 
faith , after the revocation decis ion or the trial decision becomes  final and binding 
and before the registration of the request  for a retrial, the person has a non -
exclusive license under  the patent right, but only within to the scope  of the 
invention that the person is working or prepari ng to work and within the purview 
of that business of that business  purpose.  
 
Article 177 Deleted  
 
Chapter VIII Litigation  
 
(Actions against Decisions  on a Trial or Appeal ) 
Article 178  (1) The Tokyo High Court has exclusive jurisdiction over any action 
against a revocation decision or a decision  on a trial or appeal , a ruling to dismiss 
a written request for an opposition to a granted patent, a trial or appeal, or a 
retrial or a written request for correction as re ferred to in  Article 120 -5, 
paragraph  (2) or Article 134 -2, paragraph  (1). 
(2) An action as referred to in the preceding paragraph may be instituted only by a  party in the case, an intervenor, or a person whose application to interven e in the 
proceedings o f the opposition to a granted patent, in the trial or appeal, or in the 
retrial is rejected.  
(3) An action as referred to in paragraph (1) may not be instituted once thirty days 
have passed since the date that a certified copy of the decision on a trial or  
appeal, or the ruling was served.  
(4) The time frame referred to  in the preceding paragraph is inalterable . 
(5) The chief administrative judge may establish  an additional time frame to add to 
the inalterable  time frame  referred to in  the preceding paragraph for a person in 
a distant location or an area with transportation difficult ies by the judge's own 
authority . 
(6) An action involving a matter for with regard to which a  request for a trial  or 
appeal can be filed  may only be institu ted as an action seeking to overturn  a 
decision  on a trial or appeal . 
 
(The Proper D efendant)  
Article 179 In an action as referred to in Article 178 , paragraph  (1), the 
Commissioner of the Japan  Patent Office must  be made  the defendant; provided, 
however, that in an action in which  a party seeks to overturn the trial decision 
from  a trial for patent  invalidation, or a trial for invalidation concerning  
registration of a patent term extension, or from  a retrial as referred t o in Article 
171, paragraph  (1) following the  final and binding trial decision in a relevant  
trial, the petitioner  or the respondent  from  the trial or retrial must  be made the 
defendant.  
 
(Notice of the filing  of Action)  
Article 180 If an action provided for in  the proviso to the preceding Article is 
instituted, the court must  notify the Commissioner of the  Japan  Patent Office 
thereof without delay.  
(2) In a case as referred to in  the preceding paragraph, if the action seeks to 
overturn  the trial decision from invalidity trial that was  requested on a claim -by-
claim basis  or to overturn the  trial decision in a retrial following  the final and 
binding trial decision from such an  trial  for invalidation , the court must  deliver 
the necessary  documents for identifying claims involved in the action  to the 
Commissioner of the Japan  Patent Office . 
 
(Opinion of the Commissioner of the Japan  Patent Office in Litigation Rescinding 
a Decision  on a Trial or Appeal ) 
Article 180 -2 (1) If an action provided for in  the proviso to Article 179 is instituted, 
the court may seek the opinion of the Commissioner of the Japan  Patent Office 
regarding the application of this Act or regarding any other necessary matters  relating to the case.  
(2) If an action provided for in  the proviso to Article 179 is instituted, upon the 
court's  consent, the Commissioner of the Japan  Patent Office may express an 
opinion  to the court regarding the application of this Act or regarding any other 
necessary matters rela ting to the case.  
(3) The Commissioner of the Patent Office may designate another Japan  Patent 
Office official to express the commissioner's  opinions as referred to in  the 
preceding two paragraphs.  
 
(Rescission of a Decision on a Trial or Appeal, or Ruling)  
Article 181  (1) If the court finds grounds for the request  in an action instituted as 
referred to in  Article 178 , paragraph  (1), it must  rescind the decision on a trial or 
appeal, or ruling.  
(2) Once  the court's  decision rescinding a decision on a trial or appeal, or ruling , 
under the preceding paragraph has become final and binding, the administrative 
judges must  carry out further proceedings and issue  a decision on a trial or 
appeal, or ruling. In this case, if the court's decision rescinding the decision on a 
trial or appeal,  or the ruling , become s final and binding with regard to a part of 
the claims in a claim set  for which a request for correction as referred to in 
Article 120 -5, paragraph  (2) or Article 134 -2, paragraph  (1) has been filed, in 
carrying out the proceedings, the administrative judge s must  rescind the decision 
on a trial or appeal, or the ruling , on the other claims in claim  set. 
 
(Delivery of the O riginal Copy of the J udicial Decision ) 
Article 182 In the cases listed in  the following items  with respect to an action under  
the proviso to Article 179 , the court shall, without delay, deliver the document as 
provided in the corresponding item to the Commissioner of the Patent Office : 
(i) where the court procedures  have been conclu ded by a judicial decision: the 
original copy of the judgment rendered by the court of each instance ; and  
(ii) where the court procedures have been concluded by a means other than a 
judicial decision: the documents necessary for identifying claims pertaini ng to 
the said action . 
 
(Composition of a Panel) 
Article 182 -2 With respect to an action as referred to in  Article 178  (1), the ruling 
that proceedings and judicial decision  are to  be rendered by a panel consisting of 
five judges may be made if so determin ed by the panel.  
 
(Action Protesting the  Amount  of Compensation ) 
Article 183  (1) If a person  that has received an award as referred to in Article 83 , 
paragraph  (2), Article 92, paragraph (3) or (4), or Article 93, paragraph (2) is not  satisfied with the amount of the compensation determined in the award, the 
person may institute an action demanding an increase or decrease in that  
amount.  
(2) An action as referred to in  the preceding paragraph may not be instituted once  
six months have p assed since  the date that a certified copy of the award was 
served.  
 
(The Proper D efendant)  
Article 184 In an action as referred to in  Article 183 , paragraph  (1), the following 
person s must  be made the  defendant:  
(i) in an action against an award as referr ed to in  Article 83 , paragraph  (2), 
Article 92, paragraph (4), or Article 93, paragraph (2), the non -exclusive 
licensee, patentee or exclusive licensee; and  
(ii) in an action against an award as referred to in Article 92 , paragraph  (3), the 
non-exclusive licensee or the other person referred to in Article 72.  
 
Article 184 -2 Deleted  
 
Chapter IX Special Provisions for International Applications under the 
Patent Cooperation Treaty  
 
(The Filing of the Patent Application through an International Application)  
Article 184 -3 (1) An international application ( limited to a patent application) to 
which an international filing  date is accorded under Article 11 , paragraph  (1) or 
(2), item (b), or Article 14, paragraph (2) of the Patent Cooperation Treaty Done 
at Washington on June 19, 1970  (hereinafter referred to as "the treaty" in this 
Chapter ), which specifies Japan as a designated state as referred to in  Article 4 , 
paragraph  (1), item (ii) of the treaty is deemed to be a patent application that was 
filed on the international filing  date.  
(2) Article 43  (including as applie d mutatis mutandis pursuant to Article 43 -2, 
paragraph  (2) (including when applied  mutatis mutandis pursuant to Article 43 -
3, paragraph  (3)) and Article 43 -3, paragraph  (3)) does  not apply to an 
international application that is deemed to be a patent appli cation pursuant to  
the preceding paragraph (hereinafter referred to as an "international patent 
application "). 
 
(Translations of International Patent Application  Filed  in a Foreign Language ) 
Article 184 -4 (1) An applicant filing  an international patent application in a foreign 
language (hereinafter referred to as a "foreign -language patent application ") must  
submit Japanese translations of the description, claims, drawings ( but only the  descriptive text in the drawings ; hereinaft er the same applies  in this Article ), and 
abstract, provided for in Article 3 , paragraph  (2) of the treaty , as they stand on  
the international filing  date provided for in paragraph (1) of the preceding Article 
(hereinafter referred to as the "international filing  date") to the Commissioner of 
the Japan  Patent Office , within two years and six months (hereinafter referred to 
as the "time limit for submi tting national  documents") from the priority date 
referred to in Article 2 (xi) of Treaty (here inafter referred to as the "priority 
date");  provided, however, that an applicant filing  a foreign -language patent 
application that has submitted document s provided for in  paragraph (1) of the 
following Article between  two months before the expiration of t he time limit  for 
submi tting  national  documents and the end date of that time limit  (excluding 
when  the translations have been submitted prior to the submission of those 
documents) may submit the translations within two months from the date of 
submission o f those document s (hereinafter referred to as the "special time limit 
for submi tting  translations "). 
(2) In the case as referred to in the preceding paragraph, if the applicant filing  the 
foreign -language patent application makes an amendment under Article 19 , 
paragraph  (1) of the Treaty, the applicant may, in lieu of submitting a  translation 
of scope of the claims  as provided in the preceding paragraph, submit a 
translation of the amended claims.  
(3) If the translation of a descr iption provided for in paragraph (1) and the 
translation of the claims  provided in the preceding two paragraphs (hereinafter 
referred to as "translation of the description, etc .") are not submitted within the 
time limit for submi tting  national  documents  (in the case of a foreign -language 
patent application as referred to in  the proviso to paragraph (1), within the 
special  time limit for submi tting  translations ; hereinafter the same applies  in 
this Article), the international patent application is deemed to be withdrawn.  
(4) The applicant filing an  international patent application that is deemed to be 
withdrawn pursuant to the preceding paragraph  may submit the translation of 
the description, etc. and translations of the drawings and abstracts provided to in  
paragraph (1) to the Commissioner of the Japan  Patent Office pursuant to Order 
of the Ministry of Economy, Trade and Industry only within the time limit 
provided by Order of the Ministry of Economy, Trade and Industry; provided, 
however, that this does not apply if the applicant is found to have intentionally 
failed to submit the translation of the description, etc. within the time limit for 
submitting national documents.  
(5) Translations submitted pursuant to the preceding paragraph are deemed to 
have been submitted to the Commissioner of the Japan Patent Office at a time 
just before  the time limit for the submi tting  national  documents.  
(6) If an amendment under Article 19 , paragraph  (1) of the Treaty is made, an 
applicant submitt ing a translation of the claims  provided for in paragraph (1)  may further submit a Japanese translation of the amended claims  no later than 
the date on which the time limit for the submi tting national  documents  expires ( if 
the applicant requests examination of the application within the time limit for 
submi tting  national documents , the time  of the request ; hereinafter referred to as 
the "standard  time  for national processing "). 
(7) The main clause of Article 184 -7, paragraph  (3) applies  mutatis mutandis if a 
translation provided for in  paragraph (2) or the preceding paragraph is not 
submitted.  
 
(Submission of Documents  and Order to Amend Procedures ) 
Article 184 -5 (1) An applicant filing  an international patent application must  
submit a document to the Commissioner of the Japan  Patent Office within the 
time limit  for submi tting  national  documents , stating the following:  
(i) the name, and the domicile or residence of the applicant;  
(ii) the name, and the domicile or residence of the inventor; and  
(iii) matters provided by Order of the Ministry of Economy, Trade and Industry, 
including the international application number.  
(2) The Commissioner of the Japan  Patent Office may order an amendment to be 
made with respect to a procedure within  an adequate specified period of time in 
the following cases:  
(i) the document that must  be submitted pursuant to  the preceding paragraph is 
not submitted within the time limit for submi tting  national  documents ; 
(ii) the procedure under  the preceding  paragraph does not comply with Article 7 , 
paragraphs (1) through  (3) or Article 9;  
(iii) the procedure under  the preceding paragraph does not comply with a formal 
requirements specifie d by Order of the Ministry of Economy, Trade and 
Industry;  
(iv) the translation of the abstract that must  be submitted pursuant to  paragraph 
(1) of the preceding Article is not submitted within the time limit for 
submi tting  national  documents ( or, if the application  is a foreign -language 
patent application as referred to in the proviso to paragraph (1) of the 
preceding Article, within the special  time limit for submi tting  translations ); 
and 
(v) a fee that is to be  paid pursuant to  Article 195 , paragraph  (2) is not pa id 
within the time limit  for submi tting  national  documents . 
(3) If a person that the Commissioner of the Japan  Patent Office has ordered to 
make the amendment  with respect to  a procedure to the preceding paragraph 
does not make the amendment within the period of  time the Commissioner 
specifies pursuant to that  paragraph, the Commissioner may dismiss the 
international patent application.  
  (Effect of the Request or  Description  in an  Internatio nal Application ) 
Article 184 -6 (1) The written application for an international patent application as 
of the international application date is deemed to be a writte n application 
submitted pursuant to  Article 36 , paragraph  (1). 
(2) The description , as of the international filing  date, of an international patent 
application filed in the Japanese (hereinafter referred to as a "Japanese -language 
patent application ") or the translation of the description , as of the international 
filing  date of a foreign -language patent application is deemed to be the 
description submitted with the written application pursuant to  Article 36 , 
paragraph  (2); the claim s, as of the international filing  date, of a Japanese -
langu age patent application or the  translation of the claims , as of the 
international filing date, of a foreign -language patent application are deemed to 
be the claims  submitted with the written application pursuant to  Article 36 , 
paragraph  (2);the drawings ,as  of the international filing date,  of a Japanese -
language patent application or the drawings , as of the international filing date  , 
of a foreign -language patent application (other than  the descriptive text in the 
drawings)  and a translation of the descript ive text in those drawings  as of that 
date are  deemed to be drawings  submitted with the written application pursuant 
to Article 36 , paragraph  (2); and the abstract of a Japanese -language patent 
application or a translation of the abstract of a foreign -language patent 
application is deemed to the abstract submitted with the written application 
pursuant to that paragraph.  
(3) If a translation of claims  amended under Article 19 , paragraph  (1) of the Treaty 
is submitted pursuant to  Article 184 -4, paragraph  (2) or (6), notwithstanding the 
preceding paragraph, the translation of the amended claims is deemed to be the 
claims  submitted with the written application pursuant to  Article 36 , paragraph  
(2). 
 
(Amendment s based on  Article 19 of the Treaty to a Japanese -language  Patent 
Application ) 
Article 184 -7 (1) If an applicant of a Japanese -language patent application has 
made an amendment under Article 19 , paragraph  (1) of the Treaty, the applicant 
must  submit a copy of the written amendment submitted und er Article 19 , 
paragraph  (1) to the Commissioner of the Japan  Patent Office on or before the 
date on which the standard domestic processing t ime falls.  
(2) If a copy of a written amendment is submitted pursuant to  the preceding 
paragraph, the amendment under Article 17 -2, paragraph  (1) is deemed to have 
been made to the claims accompanying  the request based on  the copy of the 
written amendment; provided, however, that if the written amendment is 
communicated  to the  Japan  Patent Office under Article 20 of the Treaty within 
the period provided  for in  the preceding paragraph, the amendment is deemed to  have been made based on  the written amendment.  
(3) If the procedure provided for in paragraph (1) is not under taken  by an applicant 
filing  a Japanese -language patent application within the period for in  paragraph 
(1), the amendment under Article 19 , paragraph  (1) of the Treaty is deemed not to 
have been made; provided, however, that this does  not apply as provided in the 
proviso to the preceding paragraph.  
 
(Amendment under Article 34 of the Treaty)  
Article 184 -8 (1) After making  an amendment under Article 34 , paragraph  (2), item 
(b) of the T reaty, if that amendment concerns  a Japanese -language  patent 
application , the  applicant filing the international patent application, must submit 
a copy of the written amendment submitted under Article 34 , paragraph (2)(b) to 
the Commissioner of the Japan  Patent Office , and if the amendment concerns  a 
foreign -language patent application , the applicant must submit  a Japanese 
translation of the written amendment  to the commissioner, by  the date on which 
the standard time for national processing  falls.  
(2) If a copy of a written amendment or a translation of a written amendment is 
submitted pursuant to  the preceding paragraph, the amendment under Article 
17-2, paragraph (1) is deemed to have been made to the description, claims  or 
drawings  attached to the written application based on  the copy of the written 
amendment or the translation of the written amendment; provided, however, that 
if a written amendment to a Japanese -language patent application is 
communicated  to the  Japan  Patent Office as under Article 36 , paragraph (3), item 
(a) of the Treaty within the period provided for in  the preceding paragraph, the 
amendment is deemed to have been made based on  the written amendment.  
(3) If the procedure provided for in  paragraph (1) is not under taken  by an applicant 
filing  an international patent application within the period  provided for in  
paragraph (1), the amendment under Article 34  (2), (b) of the Treaty is deemed 
not to have been made; provided, however, that this does  not apply as provided in 
the proviso to the preceding paragraph.  
(4) If pursuant to paragraph (2), the amendment under Article 17 -2, paragraph  (1) 
is deemed to have been made to the description, claims or drawings attached to a 
written  application in foreign -language patent application , that  amendment is 
deemed to have been made through  the submi ssion  of a mistranslation correction 
form  as referred to  in Article 17 -2, paragraph  (2). 
 
(National Publication)  
Article 184 -9 (1) Unless the  application in question is a foreign -language patent 
application is respect of which gazette in which the patent appears has already  
been published, the Commissioner of the  Japan  Patent Office must effect  the 
national publication  of the foreign -language patent application for which a  translation has been submitted pursuant to Article 184 -4, paragraph  (1) or (4), 
without delay after the end of the time limit for submitting national d ocuments 
(or, for a foreign -language patent application as referred to in the proviso to 
Article 184 -4, paragraph  (1),without delay after  the end of the special  time limit 
for submi tting  translations ; hereinafter  the same applies  in this paragraph) ( or, 
for an international patent application that the applicant has requested be 
examined  within the time limit for submitting national d ocuments  and for which 
the international publication provided for in  Article 21 of the Treaty (hereinafter 
referred to as "international publication ") has been effected, after without delay 
after the  request for the examination of the patent application ; and a foreign -
language patent application for which a translation of the description, etc. has 
been submitted pursuant to Article 184 -4, paragraph (4) without delay, after the 
translation of the description, etc. is submitted ). 
(2) National publication is effected through  the publi cation of  the following matters 
in the pate nt gazette:  
(i) the name, and the domicile or residence of the applicant;  
(ii) the filing number of the application;  
(iii) the international filing  date;  
(iv) the name, and the domicile or residence of the inventor;  
(v) the matters stated in the translations of the description and the descriptive 
text in the drawings  provided in Article 184 -4, paragraph  (1); the matters 
stated in the translation of the claims as provided in the paragraph ( or, if  a 
translation has been submitted pursuant to  paragraph (2) of the Article, the 
matter stated that  translation); the matters stated in the translation provided 
for in paragraph (6) of the Article; the contents of the drawings ( other than  the 
descriptive text in the drawings);  and the matters stated in the translation of 
the abstract (excluding matters  whose publication in the  patent gazette  the 
Commissioner of the Japan  Patent Office  finds could disrupt  public order or  
corrupt public morality);  
(vi) the number and the date of the national publication; and  
(vii) necessary matters  beyond what is set forth in the preceding items . 
(3) Article 64 , paragraph  (3) applies  mutatis mutandis if the matter  stated in the 
translation of the abstract as referred to  in item (v) of the preceding paragraph 
are published  in the patent gazette pursuant to  the preceding paragraph.  
(4) Article 64 does not apply to an international patent application.  
(5) The term "the publication  of the application " in Article  48-5, paragraph (1), 
Article 48-6, the proviso to Article 66, paragraph (3), Article 128, Article 186, 
paragraph (1), items (i) and (ⅳ)), and Article 193, paragraph (2), items (i), (ii), 
(vii) and (x) is deemed to be replaced with " international publication as referred 
to in  Article 184 -9, paragraph  (1)" if an international patent application is  a 
Japanese -language patent application , and is deemed to be replaced with "  national publication as referred t o in Article 184 -9, paragraph  (1)" if an 
international  patent application is foreign -language  patent application . 
(6) If a request for a certificate, etc., concerns a foreign -language patent application, 
the phrase "or the materials referred to in Article 67-2, paragraph  (5)" in Article 
186, paragraph  (1), item (i) is deemed to be replaced with "or a writte n 
application, a description, claims, drawings, or  abstract in an international 
application provided to in Article 3 , paragraph  (2) of the Patent Cooperation 
Treaty signed in Washington on June 19, 1970  (excluding those in an 
international patent application for which  a patent right has been registered , or 
those in respect of which  international publication  has been effected )". 
(7) With respect to the matters that must  be published  in the patent gazette 
concerning  an international patent application, the phrase  "after the publication  
of the patent application s" in Article 193 , paragraph  (2), item (iii) is deemed to be 
replaced with "with regard to an  international patent application, in respect of 
which international publication has been effected ". 
 
(Effect s of International Publication  and National Publication)  
Article 184 -10 (1) If an applicant filing an  international patent application issues  
written warning giving the details of the invention in the international patent 
application , or after the international publication of a Japanese -language  patent 
application , or after the national publication of a f oreign -language patent 
application, the applicant may file a claim compensation against a person that 
work s the invention in the course of trade  after being so warned  and prior to the 
registration establishing a patent right, with a claim  amount that corre sponds to 
amount of money the applicant would be entitled to receive for the working of the 
invention if it were patented  invention . The same applies  to a claim against a  
person that knowingly, in the course of trade, and before the patent is registered 
works the invention linked  to a Japanese -language  patent application  and 
claimed in an international patent application for which international patent 
application has been effected or against a person that knowingly ,in the course of 
trade and before the patent is registered works  the invention linked to a foreign -
language  patent application and claimed in an  international publication has been 
effected.  
(2) Paragraphs (2) through  (6) of Article 65 apply mutatis mutandis to the exercise 
of a claim pursuant to  the preceding paragraph.  
 
(Special Provisions on P atent Administrators  for Overseas Residents ) 
Article 184 -11 (1) Notwithstanding Article 8 , paragraph  (1), prior to the standa rd 
time for national  processing , a person filing  an international patent application 
that is an overseas resident may undertake a procedures without recourse  to a 
patent administrator ,  (2) A person as prescribed in the preceding paragraph must  appoint a pa tent 
administrator and notify the Commissioner of the Japan  Patent Office of that fact 
at or after the standard time for national processing within  the period specified 
by Order of the Ministry of Economy, Trade and Industry.  
(3) If a person prescribed in paragraph (1) has  not provided notification of 
appointment of a patent administrator within the period  provided in  the 
preceding paragraph, the Commissioner of the Japan  Patent Office  must  notify 
the person of that fact . 
(4) A person that has  received a notice provided under the preceding paragraph 
may appoint a patent administrator and notify the Commissioner of the Japan  
Patent Office of that fact  only within the period provided by Order of the Ministry 
of Economy, Trade and Industry.  
(5) If no notification regarding the appointment of a patent administrator is filed  
within the period  provided for in the preceding paragraph, the international 
patent application is deemed to be withdrawn.  
(6) The applicant of an international patent application which has been deemed to 
have been withdrawn pursuant to  the preceding paragraph may appoint a patent 
administrator and notify the Commissioner of the Japan  Patent Office of that fact  
pursuant to Order of the Ministry of Economy, Trade and Industry only within 
the period prescribed  by Order of the Ministry of Economy, Trade and Industry; 
provided, however, that this does not apply if the applicant is found to have 
intentionally failed to file a notificati on of appointment of a patent administrator 
within the period prescribed in paragraph (4).  
(7) The notification made pursuant to paragraph (4) or the preceding paragraph is 
deemed to be a notification made at the time of passage of the period  provided in 
paragraph (2).  
(8) If a person as provided in  paragraph (1) undertak es a procedure  under Article 
184-4, paragraph  (4) through  a patent administrator, the provisions of 
parag raphs (2) through  (7) do not apply.  
 
(Special Provisions  on Amendment s) 
Article 184 -12 (1) Notwithstanding the main clause of Article 17 , paragraph  (1), an 
amendment in respect  of a procedure ( other than  an amendment as provided in  
Article 184 -7, paragraph (2) and Article 184-8, paragraph (2)) may not be made in 
connection with a Japanese -language patent application unless it is  after  the 
procedure under Article 184 -5, paragraph  (1) has been under taken  and after  the 
fee that is to be paid pursuant to  Article 195 , paragraph  (2) has been paid ; nor 
may such an amendment to made  in connection with  a foreign -language patent 
application , unless it is after  the procedures under Article  184-4, paragraphs (1) 
or (4),  under Article 184-5, para graph (1) have been under taken, after  the fee to 
be paid pursuant to  Article 195 , paragraph  (2) is paid, and after  the standard  time for national processing  has lapsed.  
(2) With respect to  the allowable scope of amendment to the description, claims or 
drawings of a foreign -language patent application , the phrase "an application 
written in a foreign language provided in Article 36 -2, paragraph (2)" in Article 
17-2, paragraph (2) is deemed to  be replaced with "a foreign -language patent 
application as referred to in Article 184 -4, paragraph (1)"; the phrase "the 
description, claims or drawings that originally attached to the written application 
(if the application is a foreign -language applicat ion as referred to in  Article 36 -2, 
paragraph  (2),matter indicated in  the translation of foreign -language  documents 
as provided in Article 36 -2, paragraph  (2) that is deemed to constitute  the 
description, claims and drawings under Article 36 -2, paragraph  (8) (or if the 
description, claims or drawing has been amended  through the submission of a 
mistranslation  correction form , matter indicated in the translation or the 
amended description, c laims or drawings ); the same applies  in Article  34-2, 
paragraph (1) and Article 34-3, paragraph (1))" in Article 17 -2, paragraph  (3) is 
deemed to be replaced with "a translation as referred to  in Article 184 -4, 
paragraph  (1) of the description and drawings  (limited to the descriptive text in 
the drawings) as of  the international  filing  date as referred to  in Article 184 -4, 
paragraph  (1) (hereinafter referred to as an "international filing date " in this 
paragraph) ,in an  international patent application as re ferred to in  Article 184 -3, 
paragraph  (2) (hereinafter referred to as the "international patent application"  in 
this paragraph), a translation as referred to  in Article 184 -4, paragraph  (1) of the 
claims of an international application date, in an  international patent application 
(or if a translation of the claims amended under Article 19 , paragraph  (1) of the 
Patent Cooperation Treaty signed in Washington on June 19, 1970 , has been 
submi tted pursuant to  Article 184 -4, paragraph  (2) or (6), that translation ); or the 
drawings (excluding the descriptive text in the drawings) as of  international 
application  date,  in an international patent application (hereinafter referred to as 
a "translatio ns, etc ." in this paragraph) ( or if an amendment to the description, 
claims  or drawings  has been made through the submission of a mistranslation  
correction form , the translations , etc. and the amended description, claims or 
drawings )". 
 
(Special Provisions  for Registration  in the Patent Register ) 
Article 184 -12-2 Notwithstanding Article 27 , paragraph  (1), item (iv), a provisional 
exclusive license may not be registered in connection with  Japanese -language  
patent application until after the procedur es under Article 184 -5, paragraph  (1) 
has been undertaken and the fee that is  to be paid  pursuant to  Article 195 , 
paragraph  (2) has been paid  ;,nor  may a provisional exclusive license be 
registered in connection with a  foreign -language patent application until after 
the procedures under Article  184-4, paragraphs (1) or (4 ), or Article  184-5,  paragraph (1) have been undertaken, the fee that in  to be paid  pursuant to  
Article 195 , paragraph  (2) has been paid, and , standard time for national 
processing  has passed . 
 
(Special Provision s on P atentability ) 
Article 184 -13 In applying  Article 29 -2 to a case in which the other  patent 
application or the application to register a utility model provided for in Article 
29-2 is an internatio nal patent application or an international  application  to 
register a utility model referred to in Article 48 -3, paragraph  (2) of the Utility 
Model Act, in Article 29 -2 of this Act , the phrase  "in another patent application or 
in an application to register a utility model " is deemed to be replaced with "in 
another patent application or in an application to utility model registration 
application ( other than  a foreign -language patent application as referred to in  
Article 184 -4, paragraph  (1) or utility model registration application in a foreign 
language as referred to in  Article 48 -4, paragraph  (1) of the Utility Model Act 
which is deemed to have been withdrawn pursuant to  Article 184 -4, paragraph  (3) 
of this Act or Article 48 -4, paragraph (3) of the Utility Model Act )", the phrase " 
the patent application is published,  or" is deemed to be replaced with " the patent 
application  is published " the phrase "is published pursuant to Article 14, 
paragraph (3) of that Act subsequent to t he filing of the relevant application, " is 
deemed to be replaced with " is published pursuant to Article 14, paragraph (3) of 
that Act subsequent to the filing of the relevant application,  or international 
publication is effected as provided in  Article 21 of the Patent Cooperation Treaty 
signed in Washington on June 19, 1970 ", and the phrase  "in the description, 
claims  for a patent,  or in the claims or drawings for a utility model registration 
(or, for a foreign language as referred to in  Article 36 -2, paragraph (2), in the 
foreign -language documents referred to  in Article 36 -2, paragraph (1)) which 
originally attached to the written application " is deemed to be replaced with "in 
the description, claims, or drawings in the  international appl ication  (or, for an 
application written in a foreign language as referred to in Article 36 -2, paragraph 
(2), in the foreign -language documents referred to in Article 36 -2, paragraph 
(1))", , as of the international application date referred to in  Article 1 84-4, 
paragraph  (1) of this Act or Article 48 -4, paragraph  (1) of the Utility Model Act.  
 
(Special Provision s on Exception  to Lack of Novelty  of Invention ) 
Article 184 -14 Notwithstanding Article 30 , paragraph  (3), after the standard time 
for national processing but within the period specified by Order of the Ministry of 
Economy, Trade and Industry , a person filing  an international patent application 
and seeking to  appl y Article 30 , paragraph  (2) may submit a document to the 
Commissioner of  the Japan  Patent Office, stating this, as well as  a document 
evidencing  that the invention is one that  has come to fall  under one of the items   of Article 29 , paragraph  (1) and to which Article 30 , paragraph  (2) can be applie d. 
 
(Special Provisions on P riority Claim Based on a Patent Application)  
Article 184 -15 (1) The proviso to Article  41, paragraph (1), and Article 41, 
paragraph (4) and Article 42, paragraph (2) do not apply to an international 
patent application.  
(2) In applying Article  41, paragraph (3) to a Japanese -language patent application, 
the phrase  "or the publication of the applic ation" in the Article is deemed to be 
replaced with "or the international publication is effected as prescribed in  Article 
21 of the Patent Cooperation Treaty signed in Washington on June 19, 1970 ". 
(3) In applying Article 41 , paragraph  (3) for a foreign -language patent application , 
the phrase  "in the description, claims or drawings (in the case of a n application  
written in a foreign language, foreign -language  documents) originally attached to 
a written  application for a patent application " in the Article is deemed to be 
replaced with "in the description, claims or drawings (in the case of an 
application written in a f oreign language, foreign -language documents)  in the  
international application , as of the international filing  date referred to in  Article 
184-4 (1)," and the phrase  "or the publication  of the application " is deemed to be 
replaced with "or the international  publication is effected as prescribed in  Article 
21 of the Patent Cooperation Treaty signed  in Washington on June 19, 1970 ". 
(4) In applying Article 41 , paragraphs (1) through  (3), and Article 42, paragraph (1), 
to a case in which an  earlier application as referred to in  Article 41 , paragraph  (1) 
of this Act is an international patent application or an international application 
to regist er a utility model as referred to in  Article 48 -3, paragraph  (2) of the 
Utility Model Act, the phra se "in the description  or claims for a patent , utility 
model registration , or drawings originally attached to the  written  application" in 
Article 41 , paragraphs (1) and (2) is deemed to be replaced with " in the 
description , claims or drawings in the  intern ational application , as of the 
international filing date referred to in Article 184 -4, paragraph  (1) of this Act or 
Article 48 -4, paragraph  (1) of the Utility Model Act," ; the phrase "in the 
description, patent claim, utility model registration claims, or  drawings originally 
attached to the written application  of the earlier application " in Article  41, 
paragraph  (3) is deemed to be replaced with "in the description, claim,  or 
drawings in the  international application as of the international  application date 
referred to in  Article 184 -4, paragraph  (1) of this Act or Article 48 -4, paragraph  
(1) of the Utility Model Act ", in respect of the earlier application "; the phrase  "the 
earlier application is deemed to be published or " in Article 41 , par agraph  (3) is 
deemed to be replaced with "the international publication as prescribed in  Article 
21 of the patent Cooperation Treaty signed in Washington on June 19, 1970 , is 
deemed to be effected with respect to the earlier application or the earlier 
application is deemed ";, and the phrase  "once  the period  provided by Order of the  Ministry of Economy, Trade and Industry have passed since  the filing date " in 
Article 42 , paragraph  (1) is deemed to be replaced with "at the stand  time for  
national processing r eferred to in  Article 184 -4, paragraph  (6) of this Act or 
Article 48 -4, paragraph  (6) of the Utility Model Act or once  the period  provided by 
Order of the Ministry of Economy, Trade and Industry have passed since  the 
international application date referred to in  Article 184 -4, paragraph  (1) of this 
Act or Article 48 -4, paragraph  (1) of the Utility Model Act , whichever is later ". 
 
(Special Provision s on the C onversion  of Application ) 
Article 184 -16 If an international application that is deemed , pursuant to  Article 
48-3, paragraph  (1) or 48 -16, paragraph (4) of the Utility Model Act , to be an 
application to register a utility model is a Japanese -language application to 
register a utility model as referre d to in Article 48 -5, paragraph  (4) of th at Act, it 
may not be converted into a patent application until  after the procedure  under 
Article 48-5, paragraph  (1) of that Act ha s been undertaken; if such an  
international application is a f oreign -language application  to register a utility 
model as referred to in Article 48 -4, paragraphs  (1) of that Act, it may not be 
converted into a patent application until  after the procedure  under Article 48 -4, 
paragraphs  (1) or (4), or Article 48 -5, paragraph  (1) of the Act have been 
undertaken; and in any case, it may not be converted into a patent application 
until  after any fee that is to be paid pursuant to Article 54,  paragraph  (2) of that 
Act has been paid (or, if  the international application is deemed to be an 
application to register a utility model pursuant to Article 48 -16, paragraph  (4) of 
the Act, until after the ruling provided in the paragraph ). 
 
(Limitation  on Period  for Request  for Examination  of an A pplication ) 
Article 184 -17 The applicant filing an  international patent application may not 
request  for an examination  of an Japanese -language  patent application  until 
after  undertaking  the procedure under Article 184 -5, paragraph (1); may not 
request for an examination for a foreign -language  patent application until after 
undertaking  the procedures under Article 184 -4, paragraphs  (1) or (4 ), or Article 
184-5, paragraph (1); and may not request for  the examination  of any 
international  patent application and until after paying any  fee that is to paid 
pursuant to  Article 195 , paragraph (2); and a person other than  the applicant 
filing  the international patent application  may not request  for the examination  of 
that international  patent application until after the end of the time limit  for the 
submi tting national d ocuments ( or, if a foreign -language patent application as 
referred to in  the proviso to Article 184 -4, paragraph  (1),until  after  the end of 
special  time limit for submission of translation).  
 
(Special Provisions on the G rounds  for Rejection)   Article 184 -18 In respect  of an examiner's rejection , an opposition to a granted 
patent, or a trial for patent  invalidation , as concerns a foreign -language patent 
application, the term "application  written in a foreign language " in Article  49, 
item (vi), Article 113, items (i) and (v), and Article 123, paragraph (1 ), items (i) 
and (v) is deemed to be replaced with "foreign -language  patent application 
referred to in Article 184 -4, paragraph  (1)", and the term "in foreign -language  
documents " in Article 49 , item  (vi), Article 113 , item (v), and Article 123 , 
paragraph (1), item (v) is deemed to be replaced with "the description, claims or 
drawings in the international application as of the international filing  date 
referred to in Article 184 -4, paragraph  (1)." 
 
(Special Provisions on C orrection s) 
Article 184 -19 In respect of a  request for a trial for correction as referred to in 
Article 120 -5, paragraph  (2) and  Article 134-2, paragraph (1) and a request for a 
correction trial  as concerns a  foreign -language patent application ,, the term 
"application  written in a foreign language " in Article 126 , paragraph  (5) is 
deemed to be replaced with "application  written in a foreign language  referred to 
in Article 184 -4, paragraph  (1)" and the term "foreign -language  documents)" is 
deemed to be replaced with "the description , claims or drawings in the 
international application as of the international filing  date referred to in Article 
184-4, paragraph  (1))."  
 
Article 184 -20 (1) If a rejection as provided in  Article 25 , paragraph  (1), item (a) of 
the Treaty or a declaration as provided in  Article 25 , paragraph  (1), item (a) or (b) 
of the Treaty has been issued  by the receiving office as referred to in  Article 2 , 
item  (xv) of the Treaty, or if a finding as provided in  Article 25 , paragraph  (1), 
item (a) of the Treaty has been made by the International Bureau referred to in  
Article 2 , item  (xix) of the Treaty in connection with  an international applicati on 
(meaning a patent application only) that lists  Japan as a designated state as 
referred to in  Article 4 , paragraph  (1), item (ii) of the Treaty, an applicant filing 
an international application as referred to in  Article 2 , item  (vii) of the Treaty 
may petition  the Commissioner of the Japan  Patent Office pursuant to Order of 
the Ministry of Economy, Trade and Industry and within the period specified by 
Order of the Ministry of Economy, Trade and Industry , to, make  the decision  
provided for in  Article 25 , paragraph  (2), item (a) of the Treaty . 
(2) A person filing a petition as referred to in  the preceding paragraph in connection 
with  an international application  filed  in a foreign language must  submit 
Japanese translations  of the description , claims, drawings (limited to the 
descriptive text in the drawings), abstract and other international application 
documents specified by Ord er of the Ministry of Economy, Trade and Industry to 
the Commissioner of the Japan Patent Office  at the time of the petition .  (3) Upon receiving the petition as referred to in  paragraph (1), the Commissioner of 
the Japan Patent Office must  decide  whether the rejection, declaration or finding 
to which  the petition was justified in light of  the provisi ons of the Treaty and the 
Regulations  based on  the Patent Cooperation Treaty.  
(4) If the Commissioner of the Japan Patent Office , pursuant to the preceding 
paragraph , decide  a rejection, declaration or finding referred to in that paragraph 
was not justifie d in light of  the provisions of the Treaty and the Regulations 
based on the Patent Cooperation Treaty, the international application subject to 
that decision is deemed to be a patent application filed on the day that it is found 
would  have been the interna tional filing  date if no such  rejection, declaration or 
finding had been made with respect to  the international application.  
(5) In respect of the publication  of an international application that is deemed to be 
a patent application pursuant to  the precedi ng paragraph, the phrase "the filing 
date of a patent application " in Article 64 , paragraph  (1) is deemed to be replaced 
with "the priority date under Article 184 -4, paragraph  (1)", the term s "application 
written in a foreign language " and "foreign -language  documents and foreign -
language  abstract"  in Article 64 , paragraph  (2), item (vi) are deemed to be 
replaced with "an international application filed in a foreign language" and 
"description , claim s, drawing s, and abstract in the  internationa l application , as of 
the day that it is  found would have been  the international filing  date as provided 
in Article 184 -20, paragraph  (4)", respectively . 
(6) Article 184 -3, paragraph  (2), Article 184-6, paragraphs (1) and (2), Article 184-9, 
paragraph (6), Articles 184-12 through  184-14, Article 184-15, paragraphs (1), (3) 
and (4), and Articles 184-17 through  184-19 apply mutatis mutandis to an 
international application that is deemed to be a patent application under 
paragraph (4). In this case, the technical replacement of terms necessary for the 
application of the provisions is provided  by Cabinet Order.  
 
Chapter X Miscellaneous Provisions  
 
(Special Provisions for Patent or Patent Right Covering Two or More Claims)  
Article 185 In applying of Article 27, paragraph (1), item (i), Article 65, paragraph 
(5) (including as applied  mutatis mutandis pursuant to Article 184 -10, paragraph  
(2)), Article 80, paragraph (1), Article 97, paragraph (1), Article 98, paragraph (1), 
item (i), Article 111, paragraph (1), item (ii), Article 114, paragraph (3) (including 
as applied  mutatis mutandis pursuant to Article 174 , paragraph  (1)), Article 123, 
paragraph (3), Article 125, Article 126, paragraph (8) (including as applied  
mutatis mutandis pursuant to Article 134 -2, paragraph  (9)), Article 128 
(including as applied  mutatis mutandis pursuant to Article  120-5, paragraph (9) 
and Article 134-2, paragraph (9)), Article 132 , paragraph (1) (including as applied  
mutatis mutandis pursuant to Article 174 , paragraph  (3)), Article  175 or 176, or  Article  193, paragraph (2), item (v) of this Act, or of Article 20 , paragraph  (1) of 
the Utility Model Act  to the grating of a patent or patent with two or more claims , 
the patent is deemed to have been granted, or the patent right is deemed to exist, 
on a claim -by-claim basis . 
 
(Request for Certificate)  
Article 186  (1) Any person may file a request with the Commissioner of the Japan  
Patent Office to be issue d a certificate, a certifi ed copy of documents in 
connection with the patent , may request  to inspect  or copy  documents  in 
connection with  the patent , or to be issue d a document  that shows  the 
information that has been recorded in a part of the  Patent Register  that is  
stored magnetic tapes; provided, however, that this does not apply with respect 
to the following documents , if the Commissioner of the Japan  Patent Office 
finds  it to be necessary to keep them  confidential:  
(i) a written  application, or the description, c laims, drawings or abstract attached 
to a written  application, foreign -language  documents, a foreign -language  
abstract or a document from  the examination of a patent application ( unless an  
establishment of a patent right has been registered or the publicat ion of a 
patent application has been effected), or the materials referred to in  Article 67 -
5, paragraph  (2); 
(ii) documents concerning an advisory opinion on the technical scope of a 
patented invention, with respect to which a party in the case has given n otice 
that a trade secret owned by the said party in the case has been described;  
(iii) documents concerning  an award to which  parties  or non-parties with  
registered rights under  the patent , or a non-exclusive licensee that has stated 
an opinion pursuant to  Article 84 -2, have given notice that proprietary  trade 
secret s of those  person s have been described;   
(iv) documents from  an appeal against a rejection  (unless a patent has been 
registered in connection with the patent application involved in the case or the 
publication  of a patent application has been effected);  
(v) documents from a trial for patent  invalidation , from  a trial for invalidation of 
registration of a patent term extension or from a retrial following a  final and 
binding trial decision from either  such trial  for invalidation , if a party to the 
case or an intervenor has given notice that a proprietary trade secret of the 
party or intervenor is included in those documents ; 
(vi) docu ments that are likely  to cause damage to an individual's  reputation or 
peaceful existence ; and  
(vii) documents which are likely  to injure  public policy . 
(2) If the Commissioner of the Japan  Patent Office approves a request as referred to 
in the main clause of the preceding paragraph in respect of a document set forth  
in one of items (i) through (vi) of that paragraph, the commissioner must  notify  the person that submitted that document of this and indicate the reasons for 
approving it . 
(3) The provisions  of the Act on Access to Information Held by Administrative 
Organs (Act No. 42 of 1999) do not apply to documents concerning patents or the 
part of the Patent Register that is  stored on magnetic tapes.  
(4) The p rovisions of Chapter V, Section 4 of the Act on the Protection of Personal 
Information  (Act No. 5 7 of 2003) do not apply to personal information held 
(meaning  the personal information held that is  provided for in Article 60, 
paragraph  (1) of the Act) recorded in the documents concerning patents and the 
part of the Patent Register that is  stored on magnetic tapes.  
 
(Patent  Mark ing) 
Article 187 A patentee, exclusive licensee , or non -exclusive licensee must endeavor  
to mark a product that constitutes a patented invention, a produc t produced by a 
process that constitutes a patent invention (hereinafter referred to as a "patent 
product "), or the packaging of the patented product, with a mark (hereinafter 
referred to as a "patented mark ") as provided by Order of the Ministry of 
Economy, Trade and Industry, indicating that the product or process constituting 
the invention is patented.  
 
(Prohibition of False Marking ) 
Article 188 It is prohibited for any person to take  the following actions: 
(i) putting a patent mark or a mark that could be confus ed with a patent mark  on 
a non -patented product or the packaging of a non - patent product ; 
(ii) transferring , etc. or displaying for the purpose of transferring , etc. a non -
patented product , or the packaging of a non-patented product, that bears  a 
patent mark or a mark that could be confus ed with a patent mark ; 
(iii) representing a non -patented product to be in any way connected with  a 
patent in an advertisement, or making a representation in an advertisement  
that could be  confus ed with meaning this,  in order to cause that  product to be 
produced or used, or for the purpose of transferring , etc. that product; or  
(iv) representing a non -patented process to be  in an y way connected with patent  
in advertisement,  or making a representation  in an advertisement , or making a 
representation in  an advertisement  that could be  confus ed with  meaning this, 
in order  to cause that  the process to be  used, or in order to transfer  or rent out  
the process.  
 
(Service)  
Article 189 Beyond what is  provided in this Act , documents to be served are 
specified  by Order of the Ministry of Economy, Trade and Industry.  
  Article 190 Article 98 , paragraph (2), Articles 99 through  103, Articles 105 and 106, 
Article 107, paragr aphs (1) (excluding items (ii) and (iii )) and (3), and Article 109 
(Service) of the Code of Civil Procedure apply mutatis mutandis to the service of 
documents specified  in this Act or by Order of the Ministry of Economy, Trade 
and Industry as referred to in  the preceding Article. In this case, the term "a 
court clerk " in Articles 98 , paragraph (2) and Article 100 of the Code of Civil 
Procedure is deemed to be replaced with "an official designat ed by the 
Commissioner of the Japan  Patent Office , or the trial or appeal clerk" ; the phrase  
"by mail or  by court e xecution  officer" in Article 99 , paragraph  (1) of the Act is 
deemed to be replaced with " by mail" ; and the phrase  "if it is impossible for 
service to be effected pursuant to the provisions  of the preceding Article, the 
court clerk " in Article 107, paragraph  (1) of the Act is deemed to be replaced with 
"if it is impossible for service to  be effected pursuant to the provisions of the 
preceding A rticle or if  documents from an examination are to be served, the 
official designated by the Commissioner of the Japan  Patent Office , or a trial or 
appeal clerk "; and the phrase "the Rules of the Supreme Court " in article  107, 
paragraph (1) of the Act is deemed to be replaced with "Ord er of the Ministry of 
Economy, Trade and Industry ". 
 
Article 191  (1) An official designated by the Commissioner of the Japan Patent 
Office, or the trial or appeal clerk may use service by publication in the following 
cases:  
(i) if the domicile or residence of the person to be served or any other place where 
the person  is to be served  is unknown ; 
(ii) if the service cannot  be effected pursuant to  Article 107 , paragraph  (1) 
(excluding items (ii) and (iii)) of the Code of Civil Procedure as applied mutatis 
mutandis pursuant to  Article 190 of this Act ; 
(iii) if the situation of difficulty in dispatching the documents pursuant to 
paragraph (2) of the following Article contin ues for a period of six months . 
(2) Service by public ation  is effected by publish ing a notice  in the official gazette  
and the patent gazette that documents to be served can be served on the person 
to be served at any time , and by posting the notice  on the noticeboard of the 
Japan  Patent Office  or by displaying a copy of the notice on the screen  of a 
computer in the office of the Japan  Patent Office  so that it can be viewed . 
(3) Service by publication take s effect once  20 days have passed since  the d ay the 
relevant indication  is published in the official gazette . 
 
Article 192  (1) If an overseas resident has a patent administrator, the patent 
administrator  is the one must be served . 
(2) Where  an overseas resident has no patent administrator, documents may be 
dispatched  by registered mail, etc. ( refers to  registered mail or service of  correspondence delivery that is prescribed  by Ordinance  of the Ministry of 
Economy, Trade and Industry as being  equivalent to registered mail; hereinafter 
the same shall apply  in paragraph (3)).  
(3) If a document is sent by registered mail, etc., pursuant to  the preceding 
paragraph, it is deemed to be served at the time it is sent . 
 
(Patent Gazette)  
Article 193  (1) The Japan  Patent Office publish es the patent gazette (Tokkyo Koho).  
(2) Beyond  the matters provided for in this Act, the patent gazette must publish : 
(i) examiners ' decision s to reject patent  application , the waiver, withdrawal or 
dismissal of patent a pplication after the publication of the patent application s, 
and withdrawal of an application to regist er a patent  term extension;  
(ii) successions to the right to the grant of a patent after the publication of a 
patent application;  
(iii) amendments of the  descriptions , claims or drawings attached to written 
application s under Article 17 -2, paragraph  (1) after the publication  of the 
patent application (in the case of an amendment under one of the items in the 
proviso to that paragraph,  this is  limited to an  amendment made through the 
submission of a mistranslation  correction form ); 
(iv) requests for the examination of an application under Article 48 -3, paragraph 
(5) (including when applied mutatis mutandis pursuant to  paragraph (7) of the 
Article);  
(v) forfe iture  of patent (excluding forfeiture at  the expiration of the patent term  
and forfeiture  under Article 112 , paragraph  (4) or (5)) or the restoration of the 
same  (limited to a restoration under Article 112 -2, paragraph  (2)); 
(vi) oppositions to a granted patent, or trials, appeals, or retrials, or withdrawals 
thereof;  
(vii) final and binding rulings on oppositions to a granted patent,  final and 
binding  decisions  on trials and appeals, and  or final and binding retrial 
decisions  (but only to if a patent application  for which the establishment of a 
patent right is registered or patent application  is published ); 
(viii) matters stated in the corrected descriptions and claims , and the contents o f 
drawings (limited to those corrected following a final and binding decision on a 
trial or appeal to correc t them ); 
(ix) requests for award s, withdrawal  of request for awards  and the  awarding of 
awards ; and  
(x) final and binding judgments in an action und er Article 178, paragraph (1) 
(limited to when the establishment of a patent right has been registered or the 
publication of the patent application has been effected).  
 
(Submission of Documents)   Article 194  (1) The Commissioner of the Japan  Patent Office or the examiner may 
request a party to a case to submit documents or other materials that are 
necessary for a procedure other than one relating to an opposition to a granted 
patent, a trial , appeal,  or retria l. 
(2) The Commissioner of the Japan  Patent Office or the examiner may request the 
relevant  administrative agenc y, educational institution  or any other 
organizations to conduct an investigation that is necessary to the  examination.  
 
(Fees)  
Article 195  (1) The following persons must pay  the amount of fees that  Cabinet 
Order specifies in view of the actual costs:  
(i) a person  filing a request for the extension of a period as  under Article 4, 
Article 5, paragraph (1), Article 108, paragraph (3), or a request for a change of 
date as under Article 5 , paragraph  (2); 
(ii) a person filing a request for re -issuance of a patent  certificate;  
(iii) a person  filing  notif ication  of a succession pursuant to  Article 34 , paragraph  
(4); 
(iv) a person  filing  a request for issuance of a certificate pursuant to  Article 186 , 
paragraph  (1); 
(v) a person  filing a request for issuance of a certified copy of documents or an 
extract of documents pursuant to  Article 186 , paragraph  (1); 
(vi) a person  filing a request t o inspect  or copy  documents pursuant to  Article 
186, paragraph  (1); and  
(vii) a person  filing a request to be issued a document  that shows  the information  
that has been recorded in a  part of the Patent Register that is  stored on 
magnetic tapes , pursuant to  Article 186 , paragraph  (1). 
(2) A person  set forth  in the center column of the attached table must pay the 
amount of fees that Cabinet Order specifies within the scope  of the amount  of 
money set forth in the correspon ding right -hand column of the table.  
(3) Notwithstanding the provisions of the preceding paragraph, if the number of 
claims increase s due to an amendment of the claims attached to the written 
application for the patent application after a person other than  the applicant of 
the patent files a request for examination of an application, the fees for the 
request for examination of the patent application which is payable  pursuant to  
the preceding paragraph in respect of  the increased claims must be paid by the 
applicant of the patent.  
(4) The three preceding paragraphs do not apply if the person that would be 
required to pay the fee pursuant to those  paragraphs is the State.  
(5) If the a patent or a right to the grant of patent is held under the joint ownership 
of the State and a person other than the State, and their shares have been agreed 
upon, notwithstanding the provisions of paragraph (1) or (2), the fees that is  payable  by the State and the person other than the State pursuant to those 
provisions in respect of their own patent or right to the grant of a patent (but only 
a fee specified by Cabinet Order which is other than for the request for 
examination) is the amount ar rived at by multiplied the fee provided for in those 
provisions by the percentage that represents the share of the person other than 
the State, and this is amount that the person other than the State must pay.  
(6) If the right to the grant of a patent is held under joint ownership with the State 
or a person receiv ing a reduction in or  exemption from the fees for filing a request 
for examination as  under the following Article or Article 195 -2-2 or other laws or 
regulations  (hereinafter in this paragraph referred to as a "reduction  or 
exemption"), and the joint owner 's shares of the right to the grant of a patent 
have been agreed  upon , notwithstanding the provisions of paragraph (2), the 
amount of fee for  filing a request for  examination that is payable by the person s 
pursuant to paragraph (2)  in respect of their own right to the grant  a patent is 
the sum total  calculated by first multiplying, for each joint owner  other than the 
State, the applicable fee for filing the request  for examination provided for in that 
paragraph (for a person receiv ing a reduction or exemption, th is means the fee 
provided for in that paragraph less that  reduction  or exemption) by the 
percentage that represents that person 's share  and then adding together the 
amounts so arrived at, and this sum total is the person s other than the State 
must  pay. 
(7) If the amount of a fee as calculated pursuant to one of  the two preceding 
paragraphs is not  a multiple of ten yen, th e amount of that fee is rounded down to 
the nearest multiple of ten yen . 
(8) Payment for the fees referred to in paragraphs (1) through (3) must be made 
with patent revenue stamps , pursuant to Order of the Ministry of Economy, 
Trade and Industry; provided, however, that  if so stipulated  by Ord er of the 
Ministry of Economy, Trade and Industry, a cash payment may be made . 
(9) If the patent application is waived or withdrawn  after the examination of the 
application is requested and before the issuance of an order or notice as allows or 
before the service of certified copy of the examiner 's decision as follow, at the 
request of the person  that paid the fee for request ing for examination pursuant to  
paragraph (2), the amount specified by Cabinet Order is refunded : 
(i) an order un der Article 39 , paragraph  (6); 
(ii) a notice under Article 48 -7; 
(iii) a notice under Article 50; or 
(iv) service of a certified copy of the examiner's decision under Article 52, 
paragraph (2).  
(10) A request for a refund of fees under the preceding paragraph may not be filed 
once six months have passed since the date on which the patent application was 
waived or withdrawn.   (11) Fees paid in excess or in error are refunded at the request of the person that 
paid them. 
(12) A refund of fees under the preceding paragraph may not be filed on ce one year 
has passed since the date those fees  were  paid . 
(13) If a person that makes a request for a refund of fees under paragraph (9) or 
paragraph (11) is unable to make the request within the period provided in 
paragraph (10) or the preceding paragraph  due to reasons beyond the person's 
control,  the person may, notwithstanding these provisions, make the request 
within 14 days ( if the person is an  overseas resident, w ithin two months) from the 
date on which the reasons ceased to be applicable, but not later than six months 
following the passage of the period prescribed in these provisions . 
 
(Reduction of or Exemption  from Fees for Request  for Examination  of an 
Application ) 
Article 195 -2 If the Commissioner of the Japan  Patent Office finds that a person 
request ing the examination of the person's own patent  application and meet ing 
the requirements that Cabinet Order specifies in consideration  financial 
resources , is having difficult y paying the fee for request ing for the examination of 
the application, the Commissioner of the Japan  Patent Office may, pursuant to  
Cabinet Order, reduc e the fees payable for the request for examination of the 
application pursuant to  paragraph (2) of the preceding Article  or exempt the 
person from paying that fee . 
 
Article 195 -2-2 The Commissioner of the Patent Office may, pursuant to the 
provisions of Cabinet Order, grant a person that files a request for examination of 
the persons own p atent application and falls within the category of person 
specified by Cabinet Order under Article 109 -2(1), a reduction of, or exemption 
from, the fees for the request for the examination for the application  payable 
under Article 19 5(2). 
 
(Exclusion from  Application of the Administrative Procedures Act)  
Article 195 -3 Chapters II and III of the Administrative Procedures Act (Act No. 88 
of 1993) do not apply to dispositions under this Act or an order issued pursuant to  
this Act.  
 
(Restriction  on Request for Review under Provisions of Administrative Complaint 
Review Act ) 
Article 195 -4 No request for review  shall be available  under the provisions of the 
Administrative Complaint Review  Act with regard to an examiners  decision, 
revocation decision, or a trial decision , or a ruling to dismiss a statement of   opposition to a granted patent, a written request for a trial or retrial or a written 
request for correction under Article 120 -5(2) or Article 134 -2(1), or against 
dispositions against which no appeal lies in accordance with this Act , or inaction 
thereof . 
 
Chapter XI Penal Provisions  
 
(The Crime of Infringement ) 
Article 196 An person that infringes  a patent right or violates an  exclusive license 
(other than a person committ ing an act that is deemed to constitute the 
infringement of a patent right or violation of an exclusive license pursuant to  
Article 101) is subject to  punish ment  by imprisonment for a term not exceeding 
ten years or a fine not exceeding 10,000,000 ye n, or a combination thereof.  
 
Article 196 -2 A person that commit s an act that is deemed to constitute the 
infringement of a patent right or violation of an exclusive license pursuant to  
Article 101 is subject to  punish ment  by imprisonment for a term not exceeding 
five years or a fine not exceeding 5,000,000 yen or a combination thereof.  
 
(The Crime of Fraud)  
Article 197 A person that obtain s a patent, regist ers a patent term extension,  or is 
issued  a ruling on an opposition  to a granted patent or a decision on a trial or 
appeal by means of a fraudulent act is subject to punish ment  by imprisonment for 
a term not exceeding three years or a fine not exceeding 3,000,000 yen.  
 
(Crime of False Marking)  
Article 198 A person  that violates  Article 188 is subject to punish ment  by 
imprisonment for a term not exceeding three years or a fine not exceeding 
3,000,000 yen.  
 
(The Crime of Perjury)  
Article 199  (1) A witness, expert or interpreter that has sworn under oath  pursuant 
to this Act and then offered  a false statement , expert opinion , or false  
interpretation to the Japan  Patent Office or the court commissioned thereby is 
subject to  punish ment  by imprisonment for a term between three month s and ten 
years.  
(2) If a person that has committed the crime referred to in the preceding paragraph 
makes a voluntary confession before a certified copy of the judgment in the ca se is  
served , or before a ruling on an opposition to a granted patent or a decision on a 
trial or appeal  has become  final and binding, the relevant punishment may be 
reduced or  remitted .   
(The Crime of Disclosing Confidential Information ) 
Article 200 A present or former official of the Japan  Patent Office that discloses  or 
misappropriate s confidential information about  an invention claimed in a 
pending patent application that the official has learned  in connection with official  
duties is subject to  punish ment  by imprisonment for a term not exceeding one 
year or a fine not exceeding 500,000 yen.  
 
Article 200 -2 The disclosing or theft of any acquired secret concerning the 
investigation by any person (s) who is/are or was/were the investigator (s), shall be 
punishable by imprisonment with work for a term not exceeding a year or a fine not 
exceeding 500,000 yen.  
 
(The Crime of Violating a Confidentiality  Protective Order) 
Article 200 -3 (1) A person that violates  a confidentiality protective order is subject  
to punish ment  by imprisonment for a term not exceeding five years or a fine not 
exceeding 5,000,000 yen or a combina tion thereof.  
(2) The crime referred to in  the preceding paragraph may not be prosecuted  unless 
a complaint is filed.  
(3) The crime referred to in  paragraph (1) also applies  to person that commits that 
crime outside Japan.  
 
(Dual Liability ) 
Article 201  (1) If the representative of a corporation , or the agent, employee or 
other worker of a corporation  or an individual commit s a violation of the 
provisions set forth in one of the following items  in connection with business of 
that corporation or individual, beyond the offender  being subject to 
punishment , the corporation is subject to  punish ment  by a fine prescribed  in 
the relevant  item and the individual is subject to punishment  by a fine 
prescr ibed in the relevant Article  referred to  in the that item:  
(i) Article 196, Article 196 -2, or Article 200-2, paragraph (1): a fine not exceeding 
300 million yen; and  
(ii) Article 197 or 198 : a fine not exceeding 100 million yen.  
(2) In a case as referred t o in the preceding paragraph, a complaint as referred to in  
Article 200 -2, paragraph  (2) which is filed against the offender also has effect 
against  the corporation  or individual and a complaint that is filed  against the 
corporation  or individual also has effect against  the offender.  
(3) If a fine is imposed on a corporation  or individual pursuant to paragraph  (1) in 
connection with a violation referred to in  Article 196  or 196-2, or Article 200-2, 
paragraph (1), the period of prescription is governed by t he same rules as those for  crimes in the provisions of those provisions . 
 
(Civil Fine) 
Article 202 If a person that has sworn under oath  pursuant to  Article 207 , 
paragraph  (1) of the Code of Civil Procedure as applied pursuant to  Article 151 
(including as applied  mutatis mutandis pursuant to  Article 71 , paragraph (3), 
Article 120 (including as applied  mutatis mutandis pursuant to  Article 174 , 
paragraph  (1)) and Article 174, paragraphs (2) through (4) of this Act) offers a 
false statement to the Japan Patent  Office or the court commissioned thereby, the 
person is subject to punishment by a civil fine not exceeding 100,000 yen.  
 
Article 203 A person  that, pursuant to this Act,  has been summoned by the Japan  
Patent Office or the court commissioned thereby , but that, without a legitimate 
reason for doing so,  fails to appear or refuses to swear  under oath , offer  a 
statement, testify, give an expert opinion or provide interpret ation  is subject to 
punish ment  by a civil fine not excee ding 100,000 yen.  
 
Article 204 A person  that,  pursuant to this Act, is  ordered by the Japan Patent 
Office or the court commissioned thereby to submit or present documents or other 
materials for examination or for the preservation of evidence , but that, without a 
legitimate  reason for doing so, does not  comply with th at order is subject to 
punish ment  by a civil fine not exceeding 100,000 yen.  
 
Supplementary provisions (Extract)  
 
Appended Table (In relation to Article 195)  
 
  
A person(s) who shall pay fees  
Amounts  
 
1  
A person filing a patent application 
(excluding one in the following item)   
16,000 yen per case  
 
2  
A person filing a written application 
in foreign language   
26,000 yen per case  
 
3  
A person responsible for the 
procedures under Article 38 -3(3)  
16,000 yen per case  
 
4  
A person responsible for the 
procedures under Article 184 -5(1)  
16,000 yen per case  
 
5  
A person responsible for the 
procedures under Article 184 -20(1)   
16,000 yen per case    
6  
A person filing an application for the 
registration of extension of the 
duration of a patent right ; 
(1) The registration of extension 
under Article 67 (2). 
(2) The registration of extension 
under Article 67 (4).  
 
 
 
43,600 yen per case  
 
74,000 yen per case  
 
7  
A person filing a request for 
extension of time limits under 
Article 5(3) (excluding that with 
regard to the time limit designated 
under Article 50)   
4,200 yen per case  
 
8  
A person filing a request for 
extension of time limits under 
Article 5(3) (that of the time limit 
designated under Article 50 only)   
68,000 yen per case  
 
9  
A person requesting an examination 
of an application   
168,600 yen per case plus 4,000 yen 
per claim  
 
10  
A person amending a description, 
scope of claims or drawings throu gh 
the submission of a statement of 
correction of incorrect translation   
19,000 yen per case  
 
11  
A person undertaking any of the 
procedures pursuant to Article 36 -2, 
paragraph (6), the provisions in 
parentheses of Article 41, 
paragraph (1), item (i), Article 43 -2, 
paragraph (1) (including as applied 
mutatis mutandis pursuant to 
Article 43 -3, paragraph (3)), Article 
48-3, paragraph (5) (including as 
applied mutatis mutandis pursuant 
to Article 48 -3, paragraph (7)), 
Article 112 -2, paragraph (1), Article 
184-4, paragraph (4) or Article 184 -
11, paragraph (6) (excluding a 
person who needs to undertake any 
of the procedures prescribed in 
these provisions due to reasons 
beyond the person's control)   
297,000 yen per case  
 
12  
A person requesting an advisory 
opinion under Article 71(1)   
40,000 yen per case  
 
13  
A person requesting an award   
55,000 yen per case    
14  
A person requesting canceling of an 
award   
27,500 yen per case  
 
15  
a patent opponent   
16,500 yen per case plus 2,400 yen 
per claim  
 
16  
a person applying intervention in 
proceedings on an o pposition to a 
granted patent   
11,000 yen per case  
 
17  
A person filing a request for a trial 
or retrial (excluding one in the 
following item)   
49,500 yen per case plus 5,500 yen 
per claim  
 
18  
A person filing a request for a trial 
against an examiner's decision of 
refusal of the registration of 
extension of the duration of a patent 
right, a trial for invalidation of the 
registration of extension of the 
duration of a patent right, or a 
retrial ag ainst the final and binding 
administrative judge 's decision in 
these trials.   
55,000 yen per case  
 
19  
A person filing a request for a 
correction of the description, scope 
of claim(s) or drawing(s)   
49,500 yen per case plus 5,500 yen 
per claim  
 
20  
A pe rson applying intervention in a 
trial or retrial.   
55,000 yen per case