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Patent Act (Act No. 121 of 1959) 
Latest revision: Act No.3 of May 17,2019 
 
Table of Contents 
Chapter I General Provisions (Article 1 to Article 28)  
Chapter II Patents and Patent Applic ations (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 pa tent (Article 113 to Article 120-8)
 この特許法の翻訳は、令和 3 年法律第 42 号（令和 3 年 6 月 21 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. 42 of 2021 (Effective June 21, 2021 )). 
  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 underst anding 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 la w to any legal issue or dispute, users 
should consult the original Japanese te xts published in the Official Gazette. 
 2 Chapter VI Trials and Appe als (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) 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 Article 28) 
 
(Purpose) 
Article 1  The purpose of this Act is, through promoting the protection and the 
utilization of inventions, to encourage inve ntions, and thereby to contribute to the 
development of industry. 
 
(Definitions) 
Article 2  (1) "Invention" in this Act means  the highly advanced creation of technical 
ideas utilizing the laws of nature. 
(2) "Patented invention" in this Act means an invention for which a patent has been 
granted. 
(3) "Working" of an invention in this Act means the following acts: 
(i) in the case of an invention of a produc t (including a computer program, etc., the 
same shall apply hereinafter), producing,  using, assigning, etc. (assigning and 
leasing and, in the case where the product is a computer program, etc., including providing through an electric telecommuni cation line, the same shall apply 
hereinafter), exporting or importing, or o ffering for assignment, etc. (including 
displaying for the purpose of assignment, etc., the same shall apply hereinafter) 
thereof; 
(ii) in the case of an invention of a process, the use thereof; and (iii) in the case of an invention of a proce ss for producing a product, in addition to 
the action as provided in the preceding item, acts of using, assigning, etc., exporting or importing, or offering for a ssignment, etc. the product produced by 
the process. 
(4) A "computer program, etc." in this Act means a computer program (a set of 
instructions given to an electronic comput er which are combined in order to 
produce a specific result, hereinafter the same shall apply in this paragraph) and 3 any other information that is to be proc essed by an electronic computer equivalent 
to a computer program. 
 
(Calculation of time periods) 
Article 3  (1) The calculation of time pe riods under this Act or any order issued 
under this Act shall be made in accordance with the following provisions. 
(i) The first day of the period shall not be  included in the calculation; provided, 
however, that this shall not apply where the period of time commences at 00:00 
hours. 
(ii) Where the period is indicated by months or years, such months or years shall 
refer to calendar months or calendar ye ars. Where the period is not calculated 
from the beginning of a month or a year, the period shall expire on the preceding 
day of the day corresponding to the first day of the calculation in the last month 
or year; provided, however, that where th ere is no corresponding day in the last 
month, the period shall expire on the last day of the last month. 
(2) Where the last day of the prescribed peri od for any procedures relating to a patent 
(hereinafter referred to as "procedures") including filing a patent application and 
a request, is any of the days provided for in Article 1(1) of the Act on Holidays of Administrative Organs (Act No. 91 of 1988), the day following such day shall be the last day of the period. 
 
(Extension of time limits, etc.) 
Article 4  The Commissioner of the Patent Office may, upon request or ex officio, 
extend the period provided for in Articles 46-2(1)(iii), 108(1), 121(1) and 173(1), for a person in a remote area or an ar ea with transportation difficulty. 
 Article 5  (1) Where the Commissioner of th e Patent Office, the chief administrative 
judge, or the examiner has designated a ti me limit by which procedures are to be 
undertaken under this Act, the said official may, upon request or ex officio, extend 
the time limit. 
(2) Where the chief administrative judge has  designated a specific date under this 
Act, the said official may, upon reque st or ex officio, change such date. 
(3) The extension of the time limit under pa ragraph (1) (the time limit as provided 
in Ordinance of the Ministry of Economy, Trade and Industry only) may be requested even after the expiration of the said time limit, but not later than the time limit as provided in Ordinance of  the Ministry of Economy, Trade and 4 Industry. 
 (Capacity of associations, etc. which are not juridical persons to undertake 
procedures) 
Article 6  (1) An association or foundation which is not a juridical person but for 
which a representative or an administrator has been designated may, in its name: 
(i) file a request for examination of an application; (ii) file an opposition to a granted patent;  (iii) file a request for an invalidation trial or a trial for invalidation of the 
registration of extension of duration; and 
(iv) file a request for a retrial in accord ance with Article 171(1), against a final and 
binding decision in an invalidation trial or a trial for invalidation of the registration of extension of duration. 
(2) An association or foundation which is  not a juridical person but for which a 
representative or an administrator has been designated may be named as a 
demandee in a request filed for a retrial ag ainst a final and binding decision in an 
invalidation trial or a trial for invalidation of the registration of extension of duration. 
 
(Capacity of minors or adult wards etc. to undertake procedures) 
Article 7  (1) Minors or adult wards may not undertake procedures except through 
their statutory representatives; provided, however, that this shall not apply where 
a minor is capable of independently performing a juristic act. 
(2) Where a person under curatorship und ertakes procedures, the consent of a 
curator is required. 
(3) Where a statutory representative und ertakes procedures, the consent of a 
supervisor of the guardian, if any, is required. 
(4) Where a person under curatorship or a statutory representative files an 
opposition to a granted patent concerning his/ her patent right or an adverse party 
files a request for a trial or retrial invo lving the person under curatorship or the 
statutory representative, the precedin g two paragraphs shall not apply. 
 
(Patent administrators for overseas residents) 
Article 8  (1) Unless otherwise provided fo r by Cabinet Order, no person domiciled 
or resident (or, in the case of a juridi cal person, with a business office) outside 
Japan (hereinafter referred to as an "o verseas resident") may undertake 5 procedures or institute action agai nst measures taken by a relevant 
administrative agency in accordance with the provisions of this Act or an order issued under this Act, except through a representative domiciled or resident in 
Japan, who is acting for such person in handling matters related to the person's 
patent (hereinafter referred to as a "patent administrator"). 
(2) The patent administrator shall repres ent the principal in all procedures and 
litigation against measures taken by any  relevant administrative agency in 
accordance with the provisions of this Act or an order issued under this Act; provided, however, that this shall not a pply where the overseas resident limits the 
scope of authority of representation of the patent administrator. 
 
(Scope of authority of representation) 
Article 9  An agent of a person domiciled or  resident in Japan (or, in the case of a 
juridical person, with a business office) and who is undertaking a procedure shall not, unless expressly so empowered, co nvert, waive or withdraw a patent 
application, withdraw an application for re gistration of extension of the duration 
of a patent right, withdraw a request, ap plication or motion, make or withdraw a 
priority claim under Article 41(1), file a pa tent application based on a registration 
of a utility model in accordance with Articl e 46-2(1), file a request for laying open 
of an application, file a request for an appeal against an examiner's decision of refusal, waive a patent right or appoint a subagent. 
 Article 10  Deleted  
(No extinction of authority of representation) 
Article 11  The authority of representati on of an authorized agent acting for a 
person undertaking procedures shall not be extinct upon the death of the principal, 
or in the case of a juridical person, merger  of the principal, termination of duties 
involved in a trust assigned to a trustee who is the principal, the death of a legal representative, or change or extinction of  the statutory representative's authority 
of representation. 
 
(Independent representation by representatives) 
Article 12  Where there are two or more representatives acting for a person who 
undertakes procedures, each representati ve may represent the principal before 
the Patent Office. 6  
(Replacement of representatives, etc.) 
Article 13  (1) When the Commissioner of the Patent Office or the chief 
administrative judge finds that a person undertaking procedures is not competent 
or suitable for undertaking such procedures , the official may order the person to 
undertake the procedures through a representative. 
(2) When the Commissioner of the Patent Of fice or the chief administrative judge 
finds that a representative acting for a person undertaking procedures is not competent or suitable for undertaking such procedures, the official may order that 
the representative be replaced. 
(3) In the case of the preceding two paragraphs, the Commissioner of the Patent 
Office or the chief administrative judge may order that a patent attorney be the 
representative. 
(4) The Commissioner of the Patent Office  or the chief administrative judge may, 
after the issuance of an order under paragraph (1) or (2), dismiss the procedures before the Patent Office undertaken by the person undertaking procedures under 
paragraph (1) or the representative under paragraph (2). 
 
(Mutual representation of multiple parties in the case) 
Article 14  Where two or more persons are jointly undertaking a procedure, each of 
them shall represent the other or others with respect to procedures other than the 
conversion, waiver and withdrawal of a pa tent application, the withdrawal of an 
application for registration of extension of the duration of a patent right, the withdrawal of a request, application, or motion, the making and withdrawal of a 
priority claim under Article 41(1), the reque st for laying open of an application, 
and the request for an appeal against an exam iner's decision of refusal; provided, 
however, that this shall not apply where the said persons have appointed a representative for both/all of them and have notified the Patent Office accordingly. 
 
(Jurisdiction over overseas residents) 
Article 15  Regarding a patent right or ot her right relating to the patent of an 
overseas resident, the location of the prop erty under Article 5(iv) of the Code of 
Civil Procedure (Act No. 109 of 1996) shall be the domicile or residence of the 
overseas resident's patent administrator, or if there is no such patent administrator, the address of the Patent Office. 
 7 (Ratification of acts of persons lacking legal capacity) 
Article 16  (1) Any procedures undertaken by  a minor (excluding one who has a legal 
capacity to juristic act independently) or an adult ward may be ratified by the 
person's statutory representative (or by the said adult ward, if the person later 
acquires a legal capacity to undertake the procedures). 
(2) Any procedures undertaken by a person with no authority of representation may 
be ratified by the principal holding legal capacity to undertake the procedures or 
the principal's statutory representative. 
(3) Any procedures undertaken by a person  under curatorship without the consent 
of his curator may be ratified if the pers on under curatorship obtains the approval 
of his curator. 
(4) Any procedures undertaken by a statutor y representative without the consent of 
a supervisor of a guardian may be ratified  by the statutory representative if the 
approval of the supervisor of the guardian is obtained, or by the principal if the 
principal acquires a legal capacity to undertake the procedures. 
 
(Amendment of proceedings) 
Article 17  (1) A person undertaking a proc edure before the Patent Office may make 
amendments only while the case is pending; provided, however, that the person may not amend the description, scope of claims, drawing(s) or the abstract attached to the application, or a document prescribed in Article 41(4) or Article 43(1) (including its mutatis mutandis app lication under Article 43-2(2) (including 
its mutatis mutandis application under Arti cle 43-3(3)) and Article 43-3(3)), or the 
corrected description, scope of claims or dr awings attached to the written request 
for correction or a correction trial under Article 120-5(2) or Article 134-2(1), unless 
an amendment may be made pursuant to the provisions the following Article to Article 17-5 inclusive. 
(2) Notwithstanding the main clause of th e preceding paragraph, an applicant of a 
foreign-language-written-application as pr ovided in Article 36-2(2) may not amend 
foreign-language-documents and as  provided in Article 36-2(1). 
(3) The Commissioner of the Patent Office may require an applicant to amend a 
procedure, designating an adequate ti me limit, in the following cases: 
(i) where the procedures do not comply with paragraphs (1) to (3) of Article 7 or 
Article 9; 
(ii) where the procedures do not comply with the formal requirements prescribed 
by this Act or an order thereunder; and 8 (iii) where the fees relating to the proced ures payable under paragraphs (1) to (3) 
of Article 195 are not paid. 
(4) For any amendment of procedures (except in the case of the payment of fees), 
written amendment shall be submitted in writing, except for cases provided by 
Article 17-2(2). 
 
(Amendment of Description, Claim or Drawing attached to the application) 
Article 17-2  (1) An applicant for a patent may amend the description, scope of 
claims, or drawings attached to the applic ation, before the service of the certified 
copy of the examiner's decision notifying that a patent is to be granted; provided, 
however, that following the receipt of a notice provided under Article 50, an 
amendment may only be made in the following cases: 
(i) where the applicant has received the firs t notice (hereinafter referred to in this 
Article as the "notice of reasons for refusal") under Article 50 (including the cases where it is applied mutatis mutandis pursuant to Article 159(2) (including the cases where it is applied mutatis mutandis pursuant to Article 174(2)) and Article 163(2), hereinafter the same shall apply in this paragraph) and the said 
amendment is made within the designated time limit under Article 50;] 
(ii) where, following the receipt of the no tice of reasons for refusal, the applicant 
has received a notice under Article 48-7 and the said amendment is made within the designated time limit under the said Article; 
(iii) where, following the receipt of the no tice of reasons for refusal, the applicant 
has received a further notice of reasons for refusal and the said amendment is made within the designated time limit under Article 50 with regard to the final notice of reasons for refusal; and 
(iv) where the applicant files a request for an appeal against an examiner's 
decision of refusal and the said amendment is made at the same time as the said request for the said appeal. 
(2) Where an applicant of a foreign-languag e-written-application as provided in 
Article 36-2(2) amends the description, scope of claims or drawings under the 
preceding paragraph for the purpose of correcting an incorrect translation, the applicant shall submit the statement of correction of the incorrect translation, stating the grounds thereof. 
(3) Except in the case where the said amendment is made through the submission of 
a statement of correction of an incorre ct translation, any amendment of the 
description, scope of claims or drawings under paragraph (1) shall be made within 9 the scope of the matters described in the de scription, scope of claims or drawings 
originally attached to the application (i n the case of a foreign-language-written-
application under Article 36-2(2), the translation of the foreign-language-documents as provided in Article 36-2(2) that  is deemed to be the description, scope 
of claims and drawings under Article 36-2(8) (in the case where the amendment to the description, scope of claims or drawings has been made through the submission of the statement of correction of an incorrect translation, the said translation or the amended description, scope of claims or drawings), the same shall apply in Articles 34-2(1) and 34-3(1)) 
(4) In addition to the case provided in the preceding paragraph, where any 
amendment of the scope of claims is made in the cases listed in the items of paragraph (1), the invention for which dete rmination on its patentability is stated 
in the notice of reasons fo r refusal received prior to making the amendment and 
the invention constituted by the matters de scribed in the amended scope of claims 
shall be of a group of inventions recogn ized as fulfilling the requirements of unity 
of invention set forth in Article 37. 
(5) In addition to the requirements provided  in the preceding two paragraphs, in the 
cases of items (i), (iii) and (iv) of paragraph (1) (in the case of item (i) of the said paragraph, limited to the case where the applicant has received a notice under Article 50-2 along with the notice of re asons for refusal), the amendment of the 
scope of claims shall be limited to those for the following purposes: 
(i) the deletion of a claim or claims as provided in Article 36(5); (ii) restriction of the scope of claims (lim ited to the cases where the restriction is 
to restrict matters required to  identify the invention stated in a claim or claims 
under Article 36(5), and the industrial ap plicability and the problem to be solved 
of the invention stated in the said claim or claims prior to the amendment are identical with those after the amendment.); 
(iii) the correction of errors; and (iv) the clarification of an ambiguous stat ement (limited to the matters stated in 
the reasons for refusal in the no tice of reasons for refusal). 
(6) Article 126(7) shall apply mutatis mutandis to cases under item (ii) of the 
preceding paragraph. 
 (Amendment of abstract) 
Article 17-3  An applicant for a patent may amend the abstract attached to the 
application within a period provided in  Ordinance of the Ministry of Economy, 10 Trade and Industry. 
 
(Amendment of document of priority claim) 
Article 17-4  A person who claims priority pursuant to the provisions under Article 
41(1) or Article 43(1), Article 43-2(1) (inc luding its mutatis mutandis application 
under Article 43-3(3)), or Article 43-3(1) or (2) may amend the document prescribed in Article 41(4) or Article 43(1) (includi ng its mutatis mutandis application under 
Article 43-2(2) (including its mutatis mu tandis application under Article 43-3(3)) 
and Article 43-3(3)) within a period provided in Ordinance of the Ministry of Economy, Trade and Industry. 
 
(Amendment of corrected description, scope of claims or drawings) 
Article 17-5  A patentee may amend corrected description, scope of claims or 
drawings attached to the written reque st for correction under Article 120-5(2) 
within the designated time limit under Article 120-5(1) or (6)  
Article 17-4  (2) The demandee of an invalidation trial may amend the corrected 
description, scope of claims or drawin gs attached to the written request for 
correction under Article 134-2(1) only wi thin the time limit designated under 
Article 134(1) or 134(2), 134-2(5), 134-3, 153(2) or 164-2(2). 
(3) The demandant of a correction trial ma y amend the corrected description, scope 
of claims or drawings attached to the written request for a correction trial, only 
prior to notice under Article 156(1) (in the case where the proceedings have been reopened under Article 156(3), prior to further notice under Article 156(1)). 
 
(Dismissal of procedures) 
Article 18  (1) The Commissioner of the Patent Office may dismiss the procedures 
where a person ordered to make an amen dment to the procedures under Article 
17(3) fails to make such amendment within the designated time limit under the said provision, or where a person obtainin g the registration establishing a patent 
right fails to pay patent fees within the designated time limit under Article 108(1). 
(2) The Commissioner of The Patent Office may dismiss a patent application where 
the applicant ordered under Article 17(3) to pay patent fees provided for in Article 195(3) fails to pay such patent fees within  the designated time limit under Article 
17(3). 
 
(Dismissal of unlawful procedure) 11 Article 18-2  (1) The Commissioner of the Patent Office shall dismiss a procedure 
where the procedure is unlawful and not am endable; provided, however, that this 
shall not apply where the said procedure fa lls under any of the items of Article 38-
2(1). 
(2) Where the Commissioner of the Patent Office intends to dismiss a procedure 
under the preceding paragraph, he/she shall notify the person who undertook the procedure of the reasons therefor and gi ve the said person an opportunity to 
submit a document stating an explanation (h ereinafter referred to as a "statement 
of explanation"), designating an adequate time limit. 
 
(Effective time of submission of application) 
Article 19  An application, a document or  any other item submitted by mail or by 
service of correspondence delivery as pr ovided Article 2(2) of the Act on 
Correspondence Delivery by Private Bu siness Operators (Act No. 99 of 2002; 
hereinafter referred to as the "Corresp ondence Delivery Act" in this Article) 
provided by a general correspondence deliv ery 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 (herei nafter referred to as 
"correspondence delivery") that is prescri bed 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 to 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 Corres pondence Delivery Act (hereinafter referred 
to as the "letter item" in this Article) 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 relating to a patent right or any right 
relating to a patent shall extend to a successor in title. 
 
(Continuation of procedures) 
Article 21  Where a patent right or any ri ght relating to a patent is transferred 12 while a case is pending before the Patent  Office, the Commissioner of the Patent 
Office or the chief administrative judge may proceed with the procedures relating 
to the case to which the successor in title shall be the party. 
 
(Suspension or termination of procedures) 
Article 22  (1) Where a motion for the resumption of procedures suspended after a 
certified copy of a ruling, an examiner's deci sion or a trial decision has been served 
is filed, the Commissioner of the Patent Office or the administrative judge shall 
render a ruling on whether the resumption shall be accepted. 
(2) The ruling under the preceding paragrap h shall be made in writing and state the 
grounds therefor. 
 Article 23  (1) Where a procedure for an ex amination, proceedings and a ruling on 
an opposition to a granted patent, or trial  or retrial has been suspended and the 
person responsible for resuming the procedure fails to do so, the Commissioner of the Patent Office or the administrative ju dge shall, upon a motion or ex officio, 
order the said person to resume the procedure and desig nate an adequate time 
limit for this purpose. 
 (2) Where the resumption does not occur wi thin the time limit designated under the 
preceding paragraph, the resumption may be deemed by the Commissioner of the 
Patent Office or the administrative judge to have commenced on the date the time 
limit lapsed. 
(3) When the resumption is deemed to have commenced under the preceding 
paragraph, the Commissioner of the Pate nt Office or the chief administrative 
judge shall notify the parties in the case thereof. 
 Article 24  The Code of Civil Procedure, Articles 124 (excluding paragraph (1)(vi)), 
126 to 127, 128(1), 130, 131 and 132(2) (suspension or termination of court proceedings) shall apply mutatis mutandis  to a procedure for an examination, 
proceedings and a ruling on an opposition to a granted patent, or a trial or retrial. In this case, the term "counsel" in Article 124(2) of the said Code shall be deemed to be replaced with "agent entrusted wi th the examination, or proceedings and a 
ruling on an opposition to a granted patent, or trial or retrial", the term "court" in 
Article 127 of the said Code shall be deemed to be replaced with "commissioner of the patent office or the chief administrati ve judge", the term "court" in Articles 
128(1) and 131 of the said Code shall be deemed to be replaced with "commissioner 13 of the patent office or the administrati ve judge", and the term "court" in Article 
130 of the said Code shall be deemed to be replaced with "patent office". 
 
(Enjoyment of rights by foreign nationals) 
Article 25  A foreign national not domiciled or resident (or, in the case of a juridical 
person, with a business office) in Japan may not enjoy a patent right or other rights 
relating to a patent, except in the following cases: 
(i) where the country of th e foreign national allows Jap anese nationals to enjoy a 
patent right or other rights relating to a patent under the same conditions as for 
its own nationals; 
(ii) where the country of the foreign natio nal allows Japanese nationals to enjoy a 
patent right or other rights relating to a patent under the same conditions as for 
its own nationals in the case where Japan allows nationals of that country to enjoy a patent right or others right relating to a patent; and 
(iii) where specifically  provided by treaty. 
 
(Effect of treaties) 
Article 26  Where specific provisions relati ng to a patent are provided by treaty, 
such provisions shall prevail. 
 
(Registration in the patent registry) 
Article 27  (1) The following matters shall be registered in the patent registry 
maintained in the Patent Office: 
(i) the establishment, extension of the dura tion, transfer, modification due to trust, 
lapse, restoration or restriction on  disposition, of a patent right; 
(ii) the establishment, maintenance, transfer, modification, lapse or restriction on 
disposal of an exclusive license; 
(iii) the establishment, transfer, modification, lapse or restriction on disposal of a 
right of pledge on a patent right or exclusive license; and 
(iv) the establishment, maintenance, transfer, modification, lapse or restriction on 
disposal of a provisional exclusive license. 
(2) The patent registry may be prepared, in whole or in part, in the form of magnetic 
tapes (including other storage media using a similar method that is able to record 
and reliably store certain matters, th e same shall apply hereinafter). 
(3) In addition to those prescribed in this Act, matters relating to registration shall 
be prescribed by Cabinet Order. 14  
(Issuance of certificate of patent) 
Article 28  (1) The Commissioner of the Patent Office shall issue the certificate of 
patent to the patentee where the est ablishment of a patent right has been 
registered, where the transfer of a patent  right has been registered based on a 
request under Article 74(1), or where a rulin g or a trial decision to the effect that 
the description, scope of claims or drawings  attached to the application are to be 
corrected has become final and binding and the said trial decision has been registered. 
(2) Re-issuance of the certificate of pate nt shall be prescribed by Ordinance of the 
Ministry of Economy, Trade and Industry. 
 
Chapter II Patents and Patent Applic ations (Article 29 to Article 46-2) 
 
(Conditions for Patentability) 
Article 29  (1) An inventor of an invention that is industrially applicable may be 
entitled to obtain a patent for the said invention, except for the following cases: 
(i) inventions that were publicly known in  Japan or a foreign country prior to the 
filing of the patent application; 
(ii) inventions that were publicly worked in Japan or a foreign country prior to the 
filing of the patent application; or 
(iii) inventions that were described in a di stributed publication, or inventions that 
were made publicly available through an electric telecommunication line in Japan or a foreign country prior to the filing of the patent application. 
(2) Where, prior to the filing of the patent  application, a person  ordinarily skilled in 
the art of the invention would have been able to easily make the invention based on an invention prescribed in any of the items of the preceding paragraph, a patent shall not be granted for such an inve ntion notwithstanding the preceding 
paragraph. 
 Article 29-2  Where an invention claimed in a patent application is identical with 
an invention or device (excluding an invent ion or device made by the inventor of 
the invention claimed in the said patent ap plication) disclosed in the description, 
scope of claims for a patent or utility mode l registration or drawings (in the case 
of a foreign-language-written-applicatio n under Article 36-2(2), foreign-language-
documents as provided in Article 36-2(1)) or iginally attached to the application of 15 another application for a patent or for a utility model registration which has been 
filed prior to the date of filing of the said patent application and published after the filing of the said patent application in the patent gazette under Article 66(3) of the Patent Act (hereinafter referred to as  "gazette containing the patent") or in 
the utility model bulletin under Article 14( 3) of the utility Model Act (Act No. 123 
of 1959) (hereinafter referred to as "ut ility model bulletin") describing matters 
provided for in each of the paragraphs of  the respective Article or in the laying 
open of the application, a patent application has been effected, a patent shall not be granted for the invention notwithst anding Article 29(1); provided, however, 
that this shall not apply where, at the time of the filing of the said patent application, the applicant of the said pa tent application and the applicant of the 
other application for a patent or for regi stration of a utility model are the same 
person. 
 
(Exception to lack of novelty of invention) 
Article 30 In the case of an invention which has fallen under any of the items of 
Article 29 (1) against the will of the person having the right to obtain a patent, such invention shall be deemed not to hav e fallen under any of the items of Article 
29 (1) for the purpose of Article 29 (1) and (2) for the invention claimed in a patent application which has been filed by the said person within one year from the date on which the invention first fell under any of said items. 
(2) In the case of an invention which has fallen under any of the items of Article 29(1) 
as a result of an act of the person having the right to obtain a patent (excluding those which have fallen under any of the it ems of Article 29(1) by being contained 
in a gazette relating to an invention, utility model, design or trademark), the 
preceding paragraph shall also apply for the purposes of Article 29(1) and (2) the invention claimed in the patent application which has been filed by the said person 
within one year from the date on which the invention first fell under any of those items. 
(3) Any person seeking the application of the preceding paragraph shall submit to 
the Commissioner of the Patent Office, at the time of filing of the patent application, a document stating thereof and , within thirty days from the date of 
filing of the patent application, a docu ment proving the fact that the invention 
which has otherwise fallen under any of the items of Article 29(1) is an invention to which the preceding paragraph may be applicable (referred to as a "certificate" 
in the following paragraph). 16 (4) Notwithstanding the preceding paragrap h, where, due to reasons beyond the 
control of a person who submits a certificate under the said paragraph, the person is unable to submit the certificate within the time limit as provided in the said 
paragraph, the person may submit to the Commissioner of the Patent Office the certificate within 14 days (where overseas  resident, within two months) from the 
date on which the reasons ceased to be applicable, but not later than six months following the expiration of the said time limit. 
 Article 31  Deleted  
 (Unpatentable inventions) 
Article 32  Notwithstanding Article 29, any in vention that is liable to injure public 
order, morality or public health shall not be patented. 
 
 (Right to obtain patent) 
Article 33  (1) The right to obta in a patent may be transferred. 
(2) The right to obtain a patent may not be the subject of a pledge. (3) Where the right to obtain a patent is jointly owned, no joint owner may assign 
his respective share without the cons ent of all the other joint owners. 
(4) Where the right to obtain a patent is jointly owned, no joint owner may grant a 
provisional exclusive license or provisio nal non-exclusive license on the patent 
right to be obtained based on the right to obtain a patent to any third party without 
the consent of all the other joint owners. 
 Article 34  (1) The succession of the right to obtain a patent prior to the filing of the 
patent application shall have no effect on any third party unless the successor in title files the patent application. 
(2) Where two or more patent applications are filed on the same date based on the 
right to obtain the same patent based on succession from the same person, any succession(s) by a person(s) other than those selected by consultations between the applicants shall have no effect on any third party. 
(3) The preceding paragraph shall apply wher e applications for a patent and a utility 
model registration are filed on the same da te based on the right to obtain a patent 
and the right to obtain a utility model re gistration for the same invention and 
device based on succession from the same person. 
(4) Any succession to the right to obtain a patent after the filing of the patent 17 application shall have no effect, except in the case of general successions including 
inheritance, without notification to the Commissioner of the Patent Office. 
(5) Where a general succession to the right to obtain a patent including inheritance 
thereof occurs, the successor in title shall notify the Commissioner of the Patent 
Office thereof without delay. 
(6) Where two or more notifications are submitted on the same date regarding 
successions to the right to obtain the sa me patent based on succession from the 
same person, any notification(s) by a pe rson(s) other than the person selected by 
consultations between the persons submitting  the notifications shall have no effect. 
(7) Articles 39(6) and 39(7) shall apply mutatis mutandis to the cases prescribed in 
paragraphs (2), (3) and (6). 
 
(Provisional exclusive license) 
Article 34-2  (1) A person who has the right to obtain a patent may grant a 
provisional exclusive license with regard to  the patent right to be obtained based 
on the right to obtain a patent within the scope of the matters described in the 
description, scope of claims or drawings originally attached to the application. 
(2) Where the establishment of a patent righ t has been registered with regard to a 
patent application pertaining to a prov isional exclusive license, the exclusive 
license shall be deemed to have been gr anted on patent right to the extent 
permitted by the contract granting th e said provisional exclusive license. 
(3) A provisional exclusive license may be transferred only where the business 
involving the working of the invention pertaining to the pa tent application is also 
transferred, where the consent of a person who has the right to obtain a patent is 
obtained or where the transfer occurs as a result of general succession including inheritance. 
(4) A provisional exclusive licensee may grant  a provisional non-exclusive license on 
his exclusive license to be obtained based on said provisional exclusive license to a 
third party only where the consent of a person who has the right to obtain a patent is obtained. 
(5) Where a patent application pertaining to a provisional exclusive license is divided 
pursuant to Article 44(1), the provisional ex clusive license shall be deemed to have 
been granted with regard to the patent ri ght to be obtained based on the right to 
obtain a patent pertaining to a new patent  application pertaining to the division 
of the said patent application to the ex tent permitted by the contract granting the 
said provisional exclusive license; provid ed, however, that this shall not apply 18 where it is otherwise provided in the contract. 
(6) A provisional exclusive license shall be  extinguished where the establishment of 
a patent right has been registered, where the patent application has been abandoned, withdrawn or declined, or wh ere an examiner's decision or trial 
decision has become final and conclusive to the effect that the patent application 
is to be refused. 
(7) Where there is a provisional non-exclusiv e licensee as provided in the main clause 
of paragraph (4) or paragraph (7) of the following Article, a provisional exclusive 
licensee may waive the provisional exclusiv e license; only where the consent of the 
said provisional non-exclusive licensee is obtained. 
(8) Article 33(2) to Article 33 (4) shall apply mutatis mutandis to a provisional 
exclusive license. 
 
(Provisional non-exclusive license) 
Article 34-3  (1) A person who has the right to obtain a patent may grant a 
provisional non-exclusive license on the patent right to be obtained based on the right to obtain a patent to a third party within the scope of the matters described 
in the description, scope of claims or drawings originally attached to the 
application of the said patent application. 
(2) Where the establishment of a patent righ t has been registered with regard to a 
patent application pertaining to a prov isional non-exclusive license pursuant to 
the preceding paragraph, a non-exclusive license shall be deemed to have been 
granted on the patent right to a person who has the said provisional non-exclusive license to the extent permitted by the contract granting the said provisional non-exclusive license. 
(3) Where an exclusive license is deemed to have been granted with regard to a 
provisional exclusive license pertaining to  the provisional non-exclusive license 
under 34-2 (4) pursuant to 34-2 (2), the non-exclusive license shall be deemed to have been granted to a person who has th e said provisional non-exclusive license 
on the said exclusive license to the exte nt permitted by the contract granting the 
said provisional non-exclusive license. 
(4) A provisional non-exclusive license may be transferred only where the business 
involving the working of invention pertain ing to the patent application is also 
transferred, where the consent of a person who has the right to obtain a patent (or, in the case of  provisional non-exclusive license on the exclusive license to be obtained based on the provisional exclusive license, a person who has the right to 19 obtain a patent and a provisional exclus ive licensee ) is obtained, or where the 
transfer occurs as a result of gene ral succession including inheritance. 
(5) Where a priority claim under Article 41(1) is made based on the invention 
described in the description, scope of clai ms or drawings (in the case of the earlier 
application being the foreign-language-wr itten-application under Article 36-2(2), 
foreign-language-documents as provided in Article 36-2(1)) originally attached to 
the application of the earlier application under Article 41(1) pertaining to a provisional non-exclusive license under para graph (1) or Article 34-2(4), or Article 
4-2(1) of the Utility Model Act, the prov isional non-exclusive license shall be 
deemed to have been granted to a pers on who has the said provisional non-
exclusive license on the patent right to be  obtained based on the right to obtain a 
patent pertaining to the patent applicatio n containing the said priority claim to 
the extent permitted by the contract grant ing the said provisional non-exclusive 
license; provided, however, that this shall not apply where it is otherwise provided 
in the contract. 
(6) Where a patent application pertaining to  a provisional non-exclusive license is 
divided pursuant to Article 44(1), the prov isional non-exclusive license shall be 
deemed to have been granted to a pers on who has the said provisional non-
exclusive license on the patent right to be  obtained based on the right to obtain a 
patent pertaining to a new patent applicat ion pertaining to the division of the said 
patent application to the extent permi tted by the contract granting the said 
provisional non-exclusive license; provided , however, that this shall not apply 
where it is otherwise provided in the contract. 
(7) Where a provisional exclusive license on a patent right to be obtained based on 
the right to obtain a patent pertaining to a new patent application under 34-2(5) (hereinafter in this paragraph referred to  as a "provisional exclusive license 
pertaining to the new patent applicatio n") is deemed to have been granted 
pursuant to the main clause of Article 34-2(5), the provisional non-exclusive license shall be deemed to have been granted to a person who has the provisional non-exclusive license with regard to an exclusive license to be obtained based on the provisional exclusive license on the patent right to be obtained based on the right to obtain a patent pertaining to the original patent application pertaining to 
the said new patent application ,on the ex clusive license to be obtained based on 
the said provisional exclusive license perta ining to the new patent application to 
the extent permitted by the contract grant ing the said provisional non-exclusive 
license; provided, however, that this shall not apply where it is otherwise provided 20 in the contract. 
(8) Where an application is converted pursuant to Article 46(1) with regard to an 
application for utility model registration pertaining to a provisional non-exclusive 
license under Article 4-2(1) of the Utility Model Act, the provisional non-exclusive 
license shall be deemed to have been granted to a person who has the said provisional non-exclusive license on a patent right to be obtained based on the right to obtain a patent pertaining to the patent application pertaining to the 
conversion of the said application to th e extent permitted by the contract granting 
the said provisional non-exclusive license; provided, however, that this shall not 
apply where it is otherwise provided in the contract. 
(9) Where an application is converted pursuant to Article 46(2) with regard to an 
application for design registration pertain ing to a provisional non-exclusive license 
under Article 5-2(1) of the Design Act (Act No.125 of 1959), the provisional non-exclusive license shall be deemed to hav e been granted to a person who has the 
said provisional non-exclusive license with regard to a patent right to be obtained 
based on the right to obtain a patent pertaining to the patent application 
pertaining to the conversion of the said ap plication to the extent permitted by the 
contract granting the said provisional no n-exclusive license; provided, however, 
that this shall not apply where it is otherwise provided in the contract. 
(10) A provisional non-exclusive licen se shall be extinguished where the 
establishment of a patent right has been registered, where the patent application 
has been abandoned, withdrawn or declined, or where an examiner's decision or trial decision has become final and conc lusive to the effect that the patent 
application is to be refused. 
(11) In addition to the case provided for in the preceding paragraph, the provisional 
non-exclusive license under Article 34-2(4)  or the main clause of paragraph (7) 
shall be extinguished in the case where the said provisional exclusive license is 
extinguished. 
(12) Article 33(2) and Article 33(3) shall apply mutatis mutandis to a provisional 
non-exclusive license. 
 
(Effect of the registration) 
Article 34-4  (1) The grant, transfer (exc ept for a transfer arising from general 
succession including inheritance), amendment, lapse (except for a lapse arising from a merger or under Article 34-2(6)) or restriction on disposition of a provisional 
exclusive license shall have no effect unless it is registered. 21 (2) Matters of general succession including inheritance under the preceding 
paragraph shall be notified to the Commissi oner of the Patent Office without delay. 
 (Perfection of provisional non-exclusive license) 
Article 34-5 A provisional non-exclusive license shall have effect on any person who, 
after the grant thereof, has obtained the righ t to obtain a patent  pertaining to the 
said provisional non-exclusive license or  a provisional exclusive license, or a 
provisional exclusive license on the righ t to obtain a patent pertaining to the 
provisional non-exclusive license. 
 (Inventions by Employees) 
Article 35  (1) An employer, a juridical pe rson or a national or local government 
(hereinafter referred to as "employer, e tc."), where an employee, an officer of the 
juridical person, or a national or local government employee (hereinafter referred 
to as "employee, etc.") has obtained a pa tent for an invention which, by the nature 
of the said invention, falls within the sc ope of the business of the said employer, 
etc. and was achieved by an act(s) categorize d as a present or past duty of the said 
employee, etc. performed for the employ er, etc. (hereinafter referred to as 
"employee invention") or where a successor to  the right to obtain a patent for the 
employee invention has obtained a patent therefor, shall have a non-exclusive license on the said patent right. 
(2) In the case of an invention by an employ ee, etc., any provision in any agreement, 
employment regulation or any other stip ulation providing in advance that the 
right to obtain a patent shall be acquire d by an employer, etc., that the patent 
rights for any invention made by an employee, etc. shall vest in the employer, etc., or that a provisional exclusive license or  exclusive license for the said invention 
shall be granted to the employer, etc., shall be null and void unless the said invention is an employee invention. 
(3) In the case of an invention by an employee, etc., where it is prescribed in any 
agreement, employment regulation or any  other stipulation pr oviding in advance 
that the right to obtain a patent for any employee invention made by an employee, etc. shall vest in the employer, etc., the said right to obtain a patent shall belong to the said employer, etc. from its occurrence. 
(4) Where the employee, etc., in accordance with any agreement, employment 
regulation or any other stipulation, vests the right to obtain a patent and the patent right for an employee invention in the employer, etc., or grants an exclusive 22 license therefor to the employer, etc., or  where an exclusive license is deemed to 
have been granted pursuant to Article 34-2(2) in the case where the employee, etc., in accordance with any agreement, employment regulation or any other stipulation, grants a provisional exclusive license therefor to the employer, etc., 
for an employee invention, the said employee, etc. shall have the right to receive reasonable money or any other economic  benefits(referred to as "reasonable 
benefits" in the next paragraph and paragraph (7)). 
(5) Where an agreement, employment regula tion or any other stipulation provides 
for the reasonable benefits, providing reas onable benefits in accordance with the 
said provision(s) shall not be consider ed unreasonable in light of circumstances 
where a negotiation between the employer, etc. and the employee, etc. had taken 
place in order to set standards for the determination of the said reasonable benefits, the set standards had been disclosed, the opinions of the employee, etc. on the determination of the content of the said reasonable benefits had been received and 
any other relevant circumstances. 
(6) In order to encourage inventions, the Minister of Economy, Trade and Industry 
shall establish guidelines on matters concerning circumstances, etc. to be 
considered under the preceding paragraph and publish them after hearing the opinion of Industrial Structure Council. 
(7) Where no provision setting forth the re asonable benefits exists, or where it is 
recognized under paragraph (5) that the reasonable benefits to be granted in 
accordance with the relevant provision(s) is unreasonable, the content of the reasonable benefits to receive under paragr aph (4) shall be determined by taking 
into consideration the amount of profit to  be received by the employer, etc. from 
the invention, the employer, etc.'s burde n, contribution, and treatment of the 
employee, etc. and any other circumst ances relating to the invention. 
 
(Patent applications) 
Article 36  (1) A person requesting the grant of a patent shall submit an application 
to the Commissioner of the Patent Office stating the following: 
(i) the name and domicile or residence of the applicant(s) for the patent; and 
(ii) the name and domicile or residence of the inventor(s). 
(2) The description, scope of claims, draw ings (where required), and abstract shall 
be attached to the application. 
(3) The description as provided in the prec eding paragraph shall state the following: 
(i) the title of the invention; 23 (ii) a brief explanation of the drawing(s); and 
(iii) a detailed explanation of the invention. 
(4) The statement of the detailed explanation of the invention as provided in item 
(iii) of the preceding Paragraph shall comply with each of the following items: 
(i) in accordance with Ordinance of the Ministry of Economy, Trade and Industry, 
the statement shall be clear and sufficient as to enable any person ordinarily skilled in the art to which the inventio n pertains to work the invention; and 
(ii) where the person requesting the gr ant of a patent has knowledge of any 
invention(s) (inventions as provided in Article 29(1)(iii), hereinafter the same shall apply in this item) related to the said invention, that has been known to the public through publication at the time of filing of the patent application, the 
statement shall provide the source of the information concerning the invention(s) known to the public throug h publication such as the name of the 
publication and others. 
(5) The scope of claims as provided in para graph (2) shall state a claim or claims and 
state for each claim all matters used necessary to specify the invention for which the applicant requests the grant of a patent. In such case, an invention specified by a statement in one claim may be the same invention specified by a statement 
in another claim. 
(6) The statement of the scope of claims as  provided in paragraph (2) shall comply 
with each of the following items: 
(i) the invention for which a patent is so ught 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 Ordinance of the Ministry of 
Economy, Trade and Industry. 
(7) The abstract as provided in paragraph (2) shall state a summary of the invention 
disclosed in the description, scope of clai ms or drawings, and any other matters as 
provided by Ordinance of the Ministry  of Economy, Trade and Industry. 
 Article 36-2  (1) A person requesting the grant of a patent may, in lieu of the 
description, scope of claims, drawings (w here required) and abstract as provided 
in paragraph (2) of the preceding Article, attach to the application a document in 
foreign language as provided by Ordinance of the Ministry of Economy, Trade and 
Industry, stating matters required to be st ated in the description or the scope of 24 claims under paragraphs (3) to (6) of the said Article, and drawing(s) (where 
required) which contain any descriptive text in the said foreign language(hereinafter referred to as "foreign-language-documents"), and a 
document in the said foreign language stat ing matters required to be stated in the 
abstract under paragraph (7) of the said Arti cle (hereinafter referred to as "foreign-
language-abstract"). 
(2) The applicant for a patent applicatio n in which foreign-language-documents and 
foreign-language-abstract are attached to  the application und er the preceding 
paragraph (hereinafter referred to as "foreign-language-written-application") 
shall submit to the Commissioner of the Patent Office Japanese translations of the foreign-language-documents and the fore ign-language-abstract within one year 
and four months from the date of filing of the patent application (or in the case of 
a patent application containing a priority  claim under Article 41(1), the filing date 
of the earlier application provided for in the said paragraph, in the case of a patent application containing a priority claim und er Article 43(1), 43-2(1) (including its 
mutatis mutandis application under Articl e 43-3(3)), or 43-3(1) or 43-3(2), the 
filing date of the earliest application, a pa tent application that is deemed to be the 
earliest application under Article 4.C(4) of the Paris Convention (refers to the 
Paris Convention for the Protection of In dustrial Property of March 20, 1883, as 
revised at Brussels on December 14, 1900, at Washington on June 2, 1911, at Hague on November 6, 1925, at London on June 2, 1934, at Lisbon on October 31, 1958, and at Stockholm on July 14, 1967, the same shall apply hereinafter) or a patent application 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 Articl e 41(1), 43-2(1) (including its mutatis 
mutandis application under Article 43-3(3)), or 43-3(1) or 43-3(2 ), the earliest day 
of the filing dates on which the said priority claims are based, the same shall apply to Article 64(1)); provided, however, that where the foreign-language-written-
application is a new patent application arising from the division of a patent application under Article 44(1), or a patent  application arising from the conversion 
of an application under Article 46(1) or (2 ), or a patent application based on a 
utility model registration under Article 46-2(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 not later than two months following  the division of a patent application, 
conversion of application or filing of pa tent application based on a utility model 25 registration. 
(3) Where the translation of foreign-l anguage-documents and the foreign-language 
abstract as provided in the preceding paragraph have not been submitted within the time limit prescribed in the main claus e of the said paragraph (the time limit 
prescribed in the proviso to the said paragraph where the translation of foreign-language-documents and the foreign-l anguage abstract may be submitted under 
the proviso to the said paragraph; hereinaf ter the same shall apply in this Article), 
the Commissioner of the Patent Office s hall notify the applicant of the foreign-
language-written-application thereof. 
(4) A person who has received the notice as  provided in the preceding paragraph may 
submit the translation of foreign-lang uage-documents and the foreign-language 
abstract as provided in paragraph (2) to the Commissioner of the Patent Office only within the time limit as provided in Ordinance of the Ministry of Economy, 
Trade and Industry. 
(5) Where the translation of foreign-lang uage-documents (excluding drawings) as 
provided in paragraph (2) has not been subm itted within the time limit as provided 
in paragraph (4), the patent application shall be deemed to have been withdrawn upon expiration of the time limit prescribed in the main clause of the said paragraph. 
(6) An applicant of a patent application that was deemed to have been withdrawn 
pursuant to the provision of the precedin g paragraph, where there are justifiable 
reasons for having not been able to submit the said translation within the time limit under paragraph (4), may submit to the Commissioner of the Patent Office translations of the foreign-language-docu ments and the foreign-language-abstract 
under paragraph (2), only within the time  limit as provided in Ordinance of the 
Ministry of Economy, Trade and Industry. 
(7) The translation submitted under paragr aph (4) or the preceding paragraph shall 
be deemed to have been submitted to the Commissioner of the Patent Office at the time of expiration of the time limit under the main clause of paragraph (2). 
(8) The translation of foreign-language-docu ments as provided in paragraph (2) shall 
be deemed to be the description, scope of claims and drawings submitted with the application under paragraph (2) of the preceding Article and the translation of foreign-language-abstract as provided in pa ragraph (2) shall be deemed to be the 
abstract submitted with the application under paragraph (2) of the preceding Article. 
 26 Article 37  Two or more inventions may be the subject of a single patent application 
in the same application provided that, thes e inventions are of a group of inventions 
recognized as fulfilling the requirements of unity of invention based on their technical relationship designated in Ordi nance of the Ministry of Economy, Trade 
and Industry. 
 
(Joint applications) 
Article 38  Where the right to obtain a pate nt 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 Pa tent Office shall certify the date on 
which the application with regard to a pate nt application is submitted as the date 
of the filing of a patent application, exce pt in cases where the patent application 
falls under any of the following items: 
(i) where it is recognized that indication of requesting the grant of a patent is not 
clear; 
(ii) where the statement of the name of the applicant(s) does not exist or it is 
recognized that the said statement is not so clear to specify the applicant(s); and 
(iii) where description (in foreign-language- written-application, the matters to be 
stated in the description are stated in foreign-language as provided by Ordinance 
of the Ministry of Economy, Trade and Industry under Article 36-2(1); 
hereinafter, the same shall apply in this Article) is not attached to the said application (except in the case where a patent application is filed by a method prescribed in the paragraph (1) of the immediately following Article). 
(2) Where the patent application falls und er any of the items of the preceding 
paragraph, the Commissioner of the Patent Office shall notify a person requesting 
the grant of a patent to the effect that th e patent application may be complemented. 
(3) A person who has received a notice pr ovided under the preceding paragraph may 
make supplement only within the time limit as provided by Ordinance of the Ministry of Economy, Trade and Industry. 
(4) For making any supplement under the preceding paragraph, a document with 
respect to supplement (hereinafter referred to as "written supplement") shall be 
submitted in accordance with Ordinance of the Ministry of Economy, Trade and Industry; provided however, where maki ng the supplement for the description 
under the preceding paragraph, the said description shall be submitted at the 27 same time as the submission of the written supplement. 
(5) In a case of making supplement under pa ragraph (3), drawing(s) (where required) 
of Article 36 (2) may be submitted at the same time as the submission of the written supplement (in the case where a foreign-language-written-application, 
drawing(s) (where required) which contain any descriptive text in foreign language 
as provided by Ordinance of the Ministry  of Economy, Trade and Industry under 
Article 36-2(1); hereinafter the same shall apply in this Article). 
(6) Where a supplement under paragraph (3) has been made by a person who has 
received a notice provided under paragrap h (2), the patent application shall be 
deemed to be filed at the time of submission of the written supplement. In this case, the Commissioner of the Patent Office shall determine the date on which the written supplement is submitted as the da te of filing of the patent application. 
(7) The description submitted under the prov iso to paragraph (4) shall be deemed to 
be submitted with the application, and the drawing(s) submitted under paragraph 
(5) shall be deemed to be submitted with the application. 
(8) Where a supplement has not been made by a person who has received a notice as 
provided in paragraph (2) within the time limit under paragraph (3), the Commissioner of the Patent Office may dismiss the said patent application. 
(9) Where, prior to receiving a notice provided under paragraph (2), a person 
requesting the grant of a patent has unde rtaken the procedures to be undertaken 
by the person upon reception of the notice , the said procedures shall be deemed to 
be undertaken by the person by receiving the notice, unless otherwise provided for 
by Ordinance of the Ministry of Economy, Trade and Industry. 
 
(Patent application by a method for claiming  to refer an earlier patent application) 
Article 38-3  (1) Except for a case of filin g a foreign-language-wr itten-application, a 
person requesting the grant of a patent, notwithstanding Article 36(2), may file a 
patent application by a method for claiming  to refer a patent application made by 
the person (including one made in a fo reign country, hereinaf ter referred to as 
"earlier patent application" in this Articl e); provided, however, that this shall not 
apply where the patent application falls und er item (i) or (ii) of Article 38-2(1). 
(2) A person filing a patent application by  a method under the preceding paragraph 
shall submit to the Commissioner of the Patent Office a document stating thereof and matters as provided by Ordinance of  the Ministry of Economy, Trade and 
Industry, at the time of filing the said patent application.  
(3) A person who has filed a patent application by the method under paragraph (1) 28 shall submit the description and drawing(s)  (if necessary) to be submitted with the 
application of the said patent applicat ion, and the document as provided by 
Ordinance of the Ministry of Economy, Trade and Industry with regard to the earlier patent application referred in the method under the said paragraph within the time limit as provided in Ordinance of the Ministry of Economy, Trade and 
Industry. 
(4) Where the matters stated in the descri ption and drawing(s) submitted under the 
preceding paragraph do not remain the matte rs stated in the description, claims 
or drawing(s) attached to the application of the earlier patent application referred 
in the method under paragraph(1) (in the case where the said earlier patent application is a foreign-language-wr itten-application, foreign-language-
documents; in the case where the said earlie r patent application is filed in a foreign 
country, documents which are submitted at the time of filing the application and correspond to the description, claims or dr awing(s)), the said patent application, 
notwithstanding Article 38-2(1), shall be de emed to have been filed at the time of 
submission of the description and drawing(s) under the preceding paragraph. 
(5) The description and drawing(s) submi tted under paragraph (3) shall be deemed 
to be submitted with the application. 
(6) Any of the preceding paragraphs shall not apply to a new patent application 
arising from the division of a patent application under Article 44(1), a patent 
application arising from the conversion of an application under Article 46(1) or (2), 
and a patent application based on a utility model registration under Article 46-2(1).  
 
(Notice, etc. for lack of the statement of a part of the description or drawing(s)) 
Article 38-4  (1) In determining the date of filing of a patent application, the 
Commissioner of the Patent Office, upon finding out lack of statement of a part of the description or drawing(s) (in the case of a foreign-language-written-application, 
a document in foreign language as provid ed by Ordinance of the Ministry of 
Economy, Trade and Industry, stating matters required to be stated in the description under Article 36-2(1) and draw ing(s) (where required) which contain 
any descriptive text in the said foreign language, hereinafter the same shall apply 
in this article) attached to the applic ation, shall notice the applicant thereof. 
(2) A person who has received a notice pr ovided under the preceding paragraph may 
make supplement of the description or drawing(s) only within the time limit as provided in Ordinance of the Ministry of Economy, Trade and Industry. 29 (3) For any supplement under the preceding paragraph, a document with regard to 
the supplement of the description or drawin g(s) (hereinafter referred to as "written 
supplement of the description, etc." in th is Article and Article 67(3)(vi)) shall be 
submitted in accordance with Ordinance of the Ministry of Economy, Trade and Industry. 
(4) Where a person who has received a no tice provided under paragraph (1) makes 
the supplement of a patent application within the time limit as provided in paragraph (2), notwithstanding Article 38-2( 1) or (6), the said patent application 
shall be deemed to have been filed at the time of submitting the written supplement of the description, etc.; provid ed however, that this shall not apply 
where the supplement have been made wi th regard to a patent application 
containing a priority claim under Article 41(1), 43(1), 43-2(1) (including its mutatis mutandis application under Article 43-3( 3)), 43-3(1), or 43-3(2), and where the 
contents stated in the written supplement of the description, etc. submitted under 
the preceding paragraph are within the scope as provided by Ordinance of the 
Ministry of Economy, Trade and Industry. 
(5) Where a patent application supplemented  under paragraph (2) falls under Article 
38-2(1)(i) or (ii), and where the written supplement of the said supplement have been submitted after the submission of th e written supplement of the description, 
etc. under paragraph (3), notwithstanding the preceding paragraph, the said patent application shall be deemed to have been filed at the time of submitting the said written supplement. 
(6) The description or drawing(s) supplemen ted under paragraph (2) shall be deemed 
to have been submitted with the application. 
(7) A person who has made supplement under paragraph (2) may withdraw the 
written supplement of the description, etc. submitted under paragraph (3) only 
within the time limit as provided in Or dinance of the Ministry of Economy, Trade 
and Industry. 
(8) Where the written supplement of the de scription, etc. has been withdrawn under 
the preceding paragraph, the said supplement shall be deemed to have not been made. 
(9) Article 38-2(9) shall apply mutatis mutandis to the procedures made before 
receiving the notice under paragraph (1). 
(10) Any of the preceding paragraphs sha ll not apply to a new patent application 
arising from the division of a patent application under Article 44(1), a patent 
application arising from the conversion of an application under Article 46(1) or (2), 30 and a patent application based on a utility model registration under Article 46-
2(1). 
 
(Waiver or withdrawal of patent application) 
Article 38-5  Where there is a person who has a provisional exclusive license on the 
patent application, an applicant of the patent may waive or withdraw the said 
patent application, only where the consent of the person is obtained. 
 
(Prior application) 
Article 39  (1) Where two or more patent ap plications claiming identical inventions 
have been filed on different dates, only the applicant who filed the patent application on the earliest date shall be en titled to obtain a patent for the invention 
claimed. 
(2) Where two or more patent applications  claiming identical inventions have been 
filed on the same date, only one applicant, who was selected by consultations between the applicants who filed the said ap plications, shall be entitled to obtain 
a patent for the invention claimed. Where no agreement is reached by consultations or consultations are unable to be held, none of the applicants shall be entitled to obtain a patent for the invention claimed. 
(3) Where an invention and a device claimed in applications for a patent and a utility 
model registration 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 therein, only if the application for a 
patent is filed prior to the applicat ion for a utility model registration. 
(4) Where an invention and a device claimed in  applications for a patent and a utility 
model registration are identical (excluding  the case where an invention claimed in 
a patent application based on a utility mo del registration under Article 46-2(1) 
(including a patent application that is d eemed to have been filed at the time of 
filing of the said patent application under Article 44(2) (including its mutatis mutandis application under Article 46(6)) and  a device relating to the said utility 
model registration are identical) and the applications for a patent and a utility model registration are filed on the same date, only one of the applicants, selected by consultations between the applicants, shall be entitled to obtain a patent or a utility model registration. Where no agreem ent is reached by consultations or no 
consultations are able to be held, the applic ant for a patent shall not be entitled to 
obtain a patent for the invention claimed therein. 31 (5) Where an application for a patent or a utility model registration has been waived, 
withdrawn or dismissed, or where the examiner's decision or trial decision to the effect that a patent application is to be refused has become final and binding, the 
application for a patent or a utility model registration shall, for the purpose of 
paragraphs (1) to (4), be deemed never to have been filed; provided, however, that this shall not apply to the case where the examiner's decision or trial decision to 
the effect that the patent application is to  be refused has become final and binding 
on the basis that the latter sentence of pa ragraph (2) or (4) is applicable to the said 
patent application. 
(6) The Commissioner of the Patent Office s hall, in the case of paragraph (2) or (4), 
order the applicant to hold consultations as specified under paragraph (2) or (4) 
and to report the result thereof, designating an adequate time limit. 
(7) Where no report under the preceding paragraph is submitted within the time 
limited designated under the said paragraph, the Commissioner of the Patent Office may deem that no agreement under paragraph (2) or (4) has been reached. 
 Article 40  Deleted  
(Priority claim based on patent application, etc.) 
Article 41  (1) A person requesting the grant  of a patent may make a priority claim 
for an invention claimed in the patent app lication, based on an invention disclosed 
in the description or scope of claims for a patent or utility model registration, or 
drawings (in the case where the ear lier application was a foreign-language-
written-application, foreign-language-do cuments) originally attached to the 
application of an earlier application filed for a patent or utility model registration 
which the said person has the right to ob tain (hereinafter referred to as "earlier 
application"), except in the following ca ses: provided, however, where there is a 
person who has a provisional exclusive licen se on the earlier application, priority 
claim may be made only where the consent of the person is obtained at the time of filing of the patent: 
(i) where the said patent application is no t filed within one year from the date of 
the filing of the earlier application (excluding the case where there is a reasonable ground for failing to file the pa tent application within one year from 
the filing date of the earlier application and  the patent application is filed within 
the time limit provided in Ordinance of  the Ministry of Economy, Trade and 
Industry); 32 (ii) where the earlier application is a ne w divisional patent application extracted 
from a patent application under Articl e 44(1), a patent application converted 
from a patent application under Article 46(1) or 46(2) or a patent application 
based on a utility model registration under Article 46-2(1), or a new divisional utility model registration application ex tracted from a utility model registration 
application under Article 44(1) of the Patent Act as applied mutatis mutandis under Article 11(1) of the Utility Mode l Act or a utility model registration 
application converted from a utility model registration application under Article 
10(1) or 10(2) of the Utility Model Act; 
(iii) where at the time of the filing of the said patent application, the earlier 
application had been waived, withdrawn or dismissed; 
(iv) where, at the time of the filing of the said patent application, the examiner's 
decision or the trial decision on the earlier application had become final and binding; and 
(v) where, at the time of the filing of th e said patent application, the registration 
establishing a utility model right under Article 14(2) of the Utility Model Act with respect to the earlier application had been effected. 
(2) For inventions among those claimed in a patent application containing a priority 
claim under paragraph (1), for those that are stated in the description, scope of 
claims for a patent or utility model registra tion or drawings (in the case where the 
earlier application was a foreign-languag e-written-application, foreign-language-
documents) originally attached to the ap plication of the earlier application on 
which the priority claim is based (in the ca se where the earlier application contains 
a priority claim under that paragraph or Article 8(1) of the Utility Model Act, or 
Article 43(1), Article 43-2(1) (including its mutatis mutandis application under 
Article 43-3(3)), or Article 43-3(1) or (2) of the Patent Act (including their mutatis mutandis application under Article 11(1) of the Utility Model Act), excluding any 
inventions disclosed in any documents (limited to those equivalent to the description, scope of claims for a patent or utility model registration or drawings) 
submitted at the time of the filing of the application on which the priority claim in the earlier application is based), the said  patent application shall be deemed to 
have been filed at the time when the earlier application was filed, in the case of the application of Article 29, the main clause of Article 29-2, Articles 30(1), (2), 39(1) to (4), 69(2)(ii), 72, 79, 81, 82(1), 104 (including its mutatis mutandis application under Article 65(5) (including  its mutatis mutandis application under 
Article 184-10(2))) and 126(7) (including its mutatis mutandis application under 33 Articles 17-2(6), 120-5(9) and 134-2(9)) of the Patent Act, Articles 7(3) and 17 of 
the Utility Model Act, Articles 26, 31(2) and 32(2) of the Design Act, and Article 29, 33-2(1) and 33-3(1) (including their mu tatis mutandis application under Article 
68(3) of the Trademark Act) of the Trademark Act (Act No. 127 of 1959 ). 
(3) Among inventions disclosed in the description, scope of claims or drawings (in the 
case of a foreign-language-written-app lication, foreign-language-documents) 
originally attached to the application in a patent application containing a priority 
claim under paragraph (1), for those that are stated in the description, scope of 
claims for a patent or utility model registra tion or drawings (in the case where the 
earlier application was a foreign-languag e-written-application, foreign-language-
documents) originally attached to the ap plication of the earlier application on 
which the priority claim is based (in the ca se where the earlier application contains 
a priority claim under the said paragraph or Article 8(1) of the Utility Model Act, 
or Article 43(1), Article 43-2(1) (including  its mutatis mutandis application under 
Article 43-3(3)), or Article 43-3(1) or (2) of the patent Act (including their mutatis mutandis application under Article 11(1) of the Utility Model Act), excluding any 
inventions disclosed in any documents (limited to those equivalent to the description, scope of claim for a patent or  utility model registration or drawing) 
submitted at the time of the filing of the application on which the priority claim in the earlier application is based), the layi ng open of application or the bulletin 
containing the Utility Model pertaining to the earlier application shall be deemed 
to have been effected or issued at the ti me when the patent gazette containing 
patent or the laying open of application pertaining to the said patent application 
was issued or effected, and the main clause of Article 29-2 of the patent Act or Article 3-2 of the Utility Model Act shall apply. 
(4) A person requesting to ma ke a priority claim under paragraph (1) shall submit to 
the Commissioner of the Patent Office  a document stating thereof and the 
indication of the earlier application within  the time limit provided in Ordinance of 
the Ministry of Economy, Trade and Industry. 
 
(Withdrawal, etc. of earlier application) 
Article 42  (1) The earlier application on which a priority claim is based under 
Article 41(1) shall be deemed to have been withdrawn when the time limit 
provided in Ordinance of the Ministry of Economy, Trade and Industry has lapsed from the filing date of the earlier applic ation; provided, however, that this shall 
not apply to the case where the earlier application has been waived, withdrawn or 34 dismissed, where the examiner's decision or trial decision on the earlier 
application has become final and binding, where the registration establishing a utility model right under Article 14(2) of the Utility Model Act with respect to the 
earlier application has been effected or where all priority claims based on the earlier application have been withdrawn. 
(2) The applicant of a patent application containing a priority claim under Article 
41(1) may not withdraw the priority claim after the time limit provided in Ordinance of the Ministry of Economy, Trade and Industry has passed from the filing date of the earlier application. 
(3) Where the patent application containing  a priority claim under Article 41(1) is 
withdrawn within the time limit provided in Ordinance of the Ministry of Economy, 
Trade and Industry from the filing date of the earlier application, the said priority 
claim shall be deemed withdrawn simultaneously. 
 
(Procedures for a priority clai m under the Paris Convention) 
Article 43  (1) A person desiring to take  advantage of the priority under Article 
4.D(1) of the Paris Convention regarding a patent application shall, within the time limit provided in Ordinance of the Mi nistry of Economy, Trade and Industry, 
submit to the Commissioner of the Patent  Office a document stating thereof, and 
specify the country of the Union of the Paris Convention in which the application was first filed, deemed to have been first filed under C(4) of the said Article, or recognized to have been first filed under A(2) of the said Article, and the date of filing of the said application. 
(2) A person who has made a declaration of priority under the preceding paragraph 
shall submit to the Commissioner of the Patent Office a certificate showing the 
date of filing from the country of the Union of the Paris Convention in which the application was first made, or deemed to have been first made under Article 4.C(4) 
of the Paris Convention, or recognized to have been first made under A(2) of the said Article, as well as certified copies of  those equivalent to the description, scope 
of claims for patent or utility model regi stration and drawings submitted at the 
time of the filing of the application, or any  bulletin or certificate equivalent thereto 
issued by the government of the said country, within one year and four months from the earliest of the following dates: 
(i) the date of filing which was first made, deemed to have been first made under 
Article 4.C(4) of the Paris Convention, or recognized to have been first made under A(2) of the said Article; 35 (ii) where such patent application contains  a priority claim under Article 41(1), the 
date of filing of the application on which the said priority claim is based; or 
(iii) where such patent application cont ains other priority claims under 43(2), 
paragraph (1) of the next Article (including its mutatis mutandis application under Article 43-3(3)), or 43-3(1) or 43-3(2) , the date of filing of the application 
on which the said priority claim is based. 
(3) A person who has made a declaration of priority under paragraph (1) shall, in 
addition to the documents as provided in the preceding paragraph, submit to the Commissioner of the Patent Office a document specifying the filing number of the application which was first filed, deemed  to have been first filed under Article 
4.C(4) of the Paris Convention, or recogniz ed to have been first filed under A(2) of 
the said Article; provided, however, that  where such filing number is not available 
to the person prior to the submission of the documents as provided in the said paragraph, in lieu of the said document, a document specifying the reason thereof shall be submitted and the document specifying such filing number shall be submitted without delay when such number becomes available to the said person. 
(4) Where a person who has made a declaration of priority under paragraph (1) fails 
to submit the documents specified in para graph (2) within the time limit provided 
therein, the said priority claim shall lose its effect. 
(5) In relation to the application of the preceding two paragraphs, where a person, 
having made a declaration of priority under  paragraph (1) in the case as provided 
by Ordinance of the Ministry of Economy, Trade and Industry in which a conversion of matters stated in the docu ments as provided in paragraph 2 through 
an electromagnetic devices (devices that are not perceivable by senses including 
electronic and magnetic devices) with a country of the Union of the Paris 
Convention or an international organizati on for industrial property rights is 
allowed, submits to the Commissioner of the Patent Office the document stating 
the said filing number of the applicat ion and other matters as provided by 
Ordinance of the Ministry of Economy, Tr ade and Industry as matters necessary 
for converting the said matters, within th e designated time limit under paragraph 
(2), the documents as provided in para graph (2) shall be deemed to have been 
submitted. 
(6) Where a document under paragraph (2 ) or a document under the preceding 
paragraph have not been submitted within the time limit under paragraph (2), the Commissioner of the Patent Office shall notify a person who has made a priority 
claim under paragraph (1) thereof. 36 (7) A person who has received a notice pr ovided under the preceding paragraph may 
submit a document under paragraph (2) or a document under paragraph (5) to the Commissioner of the Patent Office only within the time limit as provided in 
Ordinance of the Ministry of Economy, Trade and Industry. 
(8) Notwithstanding the preceding paragrap h, where, due to reasons beyond the 
control of a person who has received a no tice provided under paragraph (6), the 
person is unable to submit the document s as provided in paragraph (2) or the 
document as provided in paragraph (5) within the time limit provided under the preceding paragraph, the person may submit to the Commissioner of the Patent Office the documents or the document wi thin the time limit as provided in 
Ordinance of the Ministry of Economy, Trade and Industry. 
(9) Where the documents specified in para graph (2) or the document specified in 
paragraph (5) are submitted under paragraph (7) or the preceding paragraph, paragraph (4) shall not apply. 
 
(Priority claims recognized under the Paris Convention) 
Article 43-2  (1) A person, despite of desiri ng to take advantage of priority under 
Article 4.D(1) of the Paris Convention regarding a patent application, who have 
been unable to file a patent application co ntaining a priority claim within a period 
of priority (hereinafter referred to as the "p eriod of priority") provided in C(1) of 
the said Article, where there is a reasonable ground for failing to file the patent application and he/she files the patent ap plication within the time limit provided 
in Ordinance of the Ministry, Trade and Industry, may take advantage regarding to the said patent application under the said Article, even after the lapse of the time limit of the period of priority. 
(2) Article 43 shall apply mutatis mutandis to the case where a priority claim is 
declared under the preceding paragraph. 
 Article 43-3  (1) A priority claim may be declared in a patent application under 
Article 4 of the Paris Convention, where the priority claim is based on an 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. 
 37  
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 apply 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 preceding two articles shall apply mutatis mutandis to the case where a 
priority claim is declared under the preceding two paragraphs. 
 
(Division of patent applications) 
Article 44  (1) An applicant for a patent  may extract one or more new patent 
applications out of a patent application containing two or more inventions only 
within the following cases: 
(i) at the allowable time or within the a llowable time limit for amendments of the 
description, scope of claims or drawings attached to the application; 
(ii) within 30 days from the date on which a certified copy of the examiner's 
decision to the effect that a patent is to be granted (excluding the examiner's 
decision to the effect that a patent is to be granted under Article 51 as applied 
mutatis mutandis under Article 163(3) and the 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(1)) has been served; and 
(iii) within three months from the date on which a certified copy of the examiner's 
initial decision to the effect that the app lication is to be refused has been served. 
(2) In the case referred to in the preceding paragraph, the new patent application 
shall be deemed to have been filed at the time of filing of the original patent application; provided, however, that th is shall not apply for the purposes of 
applications of: Article 29-2 of the Pate nt Act where the new patent application 38 falls under another patent application in the said Article; Article 3-2 of the Utility 
Model Act where the new patent application falls under a patent application in the said Article; and Articles 30(3) of the Patent Act. 
(3) For the purpose of application of Arti cle 43(2) (including its mutatis mutandis 
application under Article 43-2(2) (inclu ding its mutatis mutandis application 
under paragraph (3) of the preceding Arti cle) and paragraph (3) of the preceding 
Article) where a new patent application is  filed under paragraph (1), "within one 
year and four months from the earliest of the following dates" in Article 43(2) shall 
read "within one year and four months from  the earliest of the following dates or 
three months from the date of filing of the new patent application, whichever is later." 
(4) Where a new patent application is filed under paragraph (1), any statements or 
documents which have been submitted in  relation to the original patent 
application and are required to be subm itted in relation to the new patent 
application under Article 30(3), 41(4), or A rticles 43(1) and 43(2) (including their 
mutatis mutandis application under Ar ticle 43-2(2) (including its mutatis 
mutandis application under paragraph (3) of the preceding Article) and paragraph 
(3) of the preceding Article) shall be deemed to have been submitted to the Commissioner of the Patent Office al ong with the new patent application. 
(5) Where the period as provided in Articl e 108(1) is extended under Article 4 or 
Article 108(3), the 30-day period as provided in paragraph (1)(ii) shall be deemed to have been extended only for that period as extended. 
(6) Where the period as provided in Articl e 121(1) is extended under Article 4, the 
three-month period as provided in paragr aph (1)(iii) shall be deemed to have been 
extended only for that period as extended. 
(7) Notwithstanding items (ii) and (iii) of the said paragraph, where, due to reasons 
beyond the control of an applicant for a new patent under paragraph (1), the 
applicant is unable to file the new patent  application within the time limit as 
provided under these items, the applicant  may file the new patent application 
within 14 days (where overseas resident, within two months) from the date on which the reasons ceased to be applicable,  but not later than six months following 
the expiration of the said time limit. 
 Article 45  Deleted  
(Conversion of application) 39 Article 46  (1) An applicant of a utilit y model registration may convert the 
application into a patent application; prov ided, however, that this shall not apply 
after the expiration of 3 years from the date of filing of the utility model registration application. 
(2) An applicant of a design registration may convert the application into a patent 
application; provided, however, that this shall not apply after the expiration of 3 
months from the date the certified copy of  the examiner's initial decision to the 
effect that the application for a design regist ration is to be refused has been served 
or after the expiration of 3 years from the date of filing of the design registration 
application (excluding the period of a maximum of 3 months after the date the certified copy of the examiner's initial decision to the effect that the application for a design registration is to be refused has been served). 
(3) Where the period as provided in Article 46(1) of the Design Act is extended under 
Article 4 of the Patent Act as applied mutatis mutandis under Article 68(1) of the Design Act, the 3-month period as prov ided in the proviso to the preceding 
paragraph shall be deemed to have been exte nded only for that period as extended. 
(4) Where an application is converted under  paragraph (1) or (2), the original 
application shall be deemed to have been withdrawn. 
(5) Notwithstanding the proviso to paragrap h (1) or the proviso to paragraph (2), 
where, due to reasons beyond the control of a person who converts his or her application under paragraph (1), the person is unable to convert his or her application within the time limit as prov ided in the proviso to paragraph (1) or 
within the time limit of three years as pr ovided in the proviso to paragraph (2), 
the person may convert his or her applic ation within 14 days (where overseas 
resident, within two months) from the date on which the reasons ceased to be applicable, but not later than six months following the expiration of the time limits provided under these paragraphs. 
(6) Paragraphs (2) to (4) of Article 44 shall apply 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 for the following cases, a holder of utility model right may 
file a patent application based on his/her own utility model registration as provided by Ordinance of the Ministry of  Economy, Trade and Industry.; In such 
a case, the utility model right shall be waived: 
(i) where 3 years have lapsed from the date of filing of an application for the said 40 utility model registration; 
(ii) where a petition requesting the examiner's technical opinion as to the 
registrability of the utility model clai med in the utility model registration 
application or of the utility model regi stration, (in the following paragraph 
simply referred to as "utility model techni cal opinion"), is filed by the applicant 
of the utility model registration or the utility model right holder; 
(iii) where 30 days have lapsed from the date of receipt of initial notice under 
Article 13(2) of the Utility Model Act pertaining to a petition requesting the 
utility model technical opinion on the application for the utility model registration, or on the utility model regis tration filed by a person who is neither 
the applicant of the said utility model regi stration nor the said holder of Utility 
Model right; and 
(iv) where the time limit initially desi gnated under Article 39(1) of the Utility 
Model Act for a utility model registration invalidation trial filed against the said 
utility model registration under Article 37(1) of the Utility Model Act has expired. 
(2) A patent application under the precedin g paragraph shall be deemed to have been 
filed at the time of filing of the applic ation for the said utility model registration, 
provided that matters stated in the des cription, scope of claims or drawings 
attached to the application in the said pa tent application are within the scope of 
the matters stated in the description, scop e of claims or drawings attached to the 
application in the said utility model regi stration application on which the said 
patent application is based; provided, however, that this shall not apply for the purpose of application of Article 29-2 of the Patent Act or Article 3-2 of the Utility 
Model Act, where the patent application falls under another patent application 
under the said Article of the Patent Act or the patent application under the said 
Article of the Utility Model Act, or for the purpose of application of Articles 30(3), 
the proviso to 36-2(2) and 48-3(2). 
(3) Notwithstanding item (i) or item (iii) of paragraph (1), where, due to reasons 
beyond the control of an applicant for a patent under paragraph (1), the applicant is unable to file an application for a patent  within the time limits as provided in 
the said items, the applicant may file the patent application within 14 days (where 
overseas resident, within two months) from the date on which the reasons ceased to be applicable, but not later than six months following the expiration of time limits under these provisions. 
(4) Where there is an exclusive licensee, a pledgee or, in the case where Article 35(1) 41 of the Patent Act as applied under Article 11(3) of the Utility Model Act or Article 
77(4) of the Patent Act as applied under Article 18(3) of the Utility Model Act or Article 19(1) of the Utility Model Act is applicable, a non-exclusive licensee, the 
holder of a utility model right may file a patent application under paragraph (1), 
provided that the consent of the said ex clusive licensee, pledgee or non-exclusive 
licensee is obtained. 
(5) Articles 44(3) and 44(4) shall apply mutatis mutandis to the case where a patent 
application is filed under paragraph (1). 
 
Chapter III Examination 
 
(Examination by examiner) 
Article 47  (1) The Commissioner of the Pa tent Office shall direct the examination 
of patent applications by an examiner. 
(2) The qualifications of examiners shall be as 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 shall be initiated after the 
filing of a request for examination. 
 
(Request for examination of application) 
Article 48-3  (1) Where a patent application is filed, any person may, within 3 years 
from the filing date thereof, file with the Commissioner of the Patent Office a 
request for the examination of the said application. 
(2) In the case of a new patent application arising from the division of a patent 
application under Article 44(1), or a patent  application arising from the conversion 
of an application under Article 46(1) or 46( 2), or a patent application based on a 
utility model registration under Article 46- 2(1), a request for the examination of 
the said patent application may be filed even after the lapse of the time limit 
prescribed in the preceding paragraph, but not later than 30 days following the 
division of a patent application, conver sion of application or filing of patent 
application based on a utility model registration. 42 (3) A request for the examination of a pa tent application may not be withdrawn. 
(4) Where a request for the examination of an application is not filed within the time 
limit as provided in paragraph (1), the sa id patent application shall be deemed to 
have been withdrawn. 
(5) An applicant of a patent application that was deemed to have been withdrawn 
under the preceding paragraph, where th ere are reasonable grounds for failing to 
file a request for examination of the pate nt application, may file a request for 
examination only within the time limit as  provided in Ordinance of the Ministry, 
Trade and Industry.  
(6) The request for examination filed under the preceding paragraph shall be deemed 
to have been filed to the Commissioner of the Patent Office at the time of 
expiration of the time limit provided in paragraph (1). 
(7) Paragraph (3) shall apply mutatis mut andis to the case where the request for 
examination has not been filed within the time limit provided in paragraph (2). 
(8) Where an request for examination of a pa tent application is filed under paragraph 
(5) (including its mutatis mutandis applic ation in the preceding paragraph; herein 
after the same shall apply in this paragraph) and the establishment of a patent right for the patent application has been registered, a person who has been working the invention or preparing for the working of the invention in Japan 
without knowledge, after the fact that the patent application has been deemed to 
be withdrawn under paragraph (4) (includi ng its mutatis mutandis application in 
the preceding paragraph) has been publishe d in the patent gazette and before the 
fact that the request for examination of th e patent application has been filed under 
paragraph (5) is published in the patent gazette, shall have a non-exclusive license on the patent right, only to the extent of the invention and the purpose of such 
business worked or prepared. 
 Article 48-4  A person(s) filing a request for the examination of an application shall 
submit a written request to the Commission er of the Patent Office stating the 
following: 
(i) the name and domicile or residence of the demandant; and (ii) the identification of the patent application for which the examination is 
requested. 
 Article 48-5  (1) Where a request for the ex amination of an application is filed, in 
the case where such request is filed prior to  the laying open of the application, the 43 Commissioner of the Patent Office shall publish the fact thereof in the patent 
gazette either at the time of laying open of the application or thereafter without delay, and in the case where such a request is filed after laying open of the application, without delay after laying open. 
(2) Where a request for the examination of an application is filed by a person other 
than the applicant for a patent, the Commissioner of the Patent Office shall notify the applicant thereof. 
 
(Preferential examination) 
Article 48-6  Where it is recognized t hat a person other than the applicant is 
working the invention claimed in a patent application as a business after the laying open of the application, the Commissioner of the Patent Office may, where deemed necessary, cause the examiner to  examine the patent application in 
preference to other patent applications. 
 
(Notice of statement of information conc erning invention known to the public 
through publication) 
Article 48-7  Where the examiner recogniz es that a patent application does not 
comply with the requirements as provided  in Article 36(4)(ii), the examiner may 
notify the applicant of the patent th ereof and give the said applicant an 
opportunity to submit a written opinion,  designating an adequate time limit for 
such purpose. 
 
(Examiner's decision of refusal) 
Article 49  The examiner shall render an examiner's decision to the effect that a 
patent application is to be refused where the patent application falls under any of 
the following: 
(i) an amendment made to the description, sc ope of claims or drawings attached to 
the application of a patent application does not comply with the requirements 
as provided in Article 17-2(3) or (4); 
(ii) the invention claimed in the patent application is not patentable under Article 
25, 29, 29-2, 32, 38 or 39(1) to 39(4); 
(iii) the invention claimed in the patent application is not patentable under the 
provisions of any relevant treaty; 
(iv) the patent application does not co mply with the requirements under Article 
36(4)(i), 36(6), or 37; 44 (v) where notice under the preceding A rticle has been given, following the 
amendment of the description or submission of the written opinion, the patent application does not comply with th e requirements under Article 36(4)(ii); 
(vi) where the patent application is a foreign-language-written-application, 
matters stated in the description, scope of claims or drawings attached to the application of the said patent applicat ion do not remain within the scope of 
matters stated in foreign-language-documents; and 
(vii) where the applicant for the patent does not have the right to obtain a patent 
for the said invention. 
 
(Notice of reasons for refusal) 
Article 50  Where the examiner intends to render an examiner's decision to the 
effect that an application is to be refused,  the examiner shall notify the applicant 
for the patent of the reasons therefor and  give the said applicant an opportunity 
to submit a written opinion, designating an adequate time limit for such purpose; provided, however, that in cases referred to in Article 17-2(1) (i) or (iii) (in the case 
of Article 17-2(1)(i), limited to the case  where the examiner has given a notice 
under the next Article along with the notice of reasons for refusal), this shall not apply where a ruling dismissing an amendm ent under Article 53(1) is rendered. 
 
(Notice to the effect that the reasons for refusal stated therein are the same as 
those stated in the previous notice) 
Article 50-2  Where the examiner intends to give a notice of re asons for refusal for 
a patent application under the preceding A rticle, and these reasons for refusal are 
the same as the reasons for refusal stated in the previous notice under the preceding Article (including its applicat ion mutatis mutandis under Article 159(2) 
(including its application mutatis mut andis under Article 174(2)) and Article 
163(2)) with regard to another patent app lication (limited to the case where both 
patent applications are deemed to have b een filed simultaneously by applying the 
provision of Article 44(2) to either or bo th of them) (excluding such a notice of 
reasons for refusal of which the applicant of the patent application could have never known the content prior to the filin g of a request for examination of the 
patent application), the examiner shall also give a notice to that effect. 
 
(Examiner's decision to the effect that a patent is to be granted) 
Article 51  Where no reasons for refusal are found for a patent application, the 45 examiner shall render a decision to the effect that a patent is to be granted. 
 
(Formal requirements for decision) 
Article 52  (1) The examiner's decision shall be in writing and specify the reasons 
therefor. 
(2) Where the examiner's decision is rendered, the Commissioner of the Patent Office 
shall serve to the applicant of a Patent a certified copy of the examiner's decision. 
 
(Dismissal of amendments) 
Article 53  (1) In the case of Article 17-2(1)(i) or 17-2(1)(iii) (in the case of Article 17-
2(1)(i), limited to the case where the examiner has given a notice under Article 50-2 along with the notice of reasons for refu sal), where, prior to the service of the 
certified copy of the examiner's decision no tifying to the effect that a patent is to 
be granted, an amendment made to the des cription, scope of claims or drawings 
attached to the application is found not to  comply with paragraphs (3) to (6) of 
Article 17-2, the examiner shall dismiss the amendment by a ruling. 
(2) The ruling dismissing an amendment under the preceding paragraph shall be 
made in writing and state the reasons therefor. 
(3) No appeal may be made against the ruling dismissing an amendment under 
paragraph (1); provided, however, that where a request for an appeal against an 
examiner's decision of refusal has been filed, this shall not apply to the appeal made in the proceeding in the said trial. 
 
(In relation to litigation) 
Article 54  (1) Where deemed 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 court proceedings have been 
concluded. 
(2) Where an action is instituted or a moti on for an order of provisional seizure or 
provisional disposition is filed, the court may, if it considers it necessary, suspend the court proceedings until the examiner's decision becomes final and binding. 
 Articles 55 through 63  Deleted  
Chapter III-2 Laying Open of Applications  46 (Laying open of applications) 
Article 64  (1) After a lapse of one year and six months from the date of the filing of 
a patent application, the Commissioner of  the Patent Office shall lay open the 
patent application, except in the case where gazette containing the patent has 
already been published. The same shall apply where a request for the laying open of the patent application under paragraph (1) of the following Article is filed. 
(2) The laying open of a patent application shall be effected by stating the following 
matters in the patent gazette; provided, ho wever, that this shall not apply to the 
matters prescribed in items (iv) to (vi) wh ere the Commissioner of the Patent Office 
recognizes that public order or morality is liable to be injured by stating such 
matters in the patent gazette: 
(i) the name, and the domicile or residence of the applicant(s) for the patent; (ii) the number and the filing date of the patent application; (iii) the name, and the domicile or residence of the inventor(s); (iv) the matters stated in the description, scope of claims attached to the 
application and the contents of the drawin gs attached to the said application; 
(v) the matters stated in the abstract attached to the application; (vi) in the case of a foreign-language-wr itten-application, the matters stated in 
documents in foreign language and the abstract in foreign language; 
(vii) the number and the date of laying open of the patent application; and (viii) other necessary matters. 
(3) When anything stated in the abstract atta ched to the application does not comply 
with Article 36(7), or in cases where the Commissioner of the Patent Office finds it otherwise necessary, the Commissioner of the Patent Office may publish in the patent gazette, in lieu of the matters stated in the abstract under item (v) of the preceding paragraph, matters prepared by the Commissioner of the Patent Office. 
 (Request for laying open of a patent application) 
Article 64-2  (1) An applicant for a patent may file a request for the laying open of 
the patent application with the Commissioner of the Patent Office except in the following cases: 
(i) where the patent application has already been laid open; (ii) where the patent application contai ns a priority claim under Article 43(1), 
Article 43-2(1) (including its mutatis mut andis application under Article 43-3(3)), 
or Article 43-3(1) or (2), and documents relating thereto under Article 43(2) (including its mutatis mutandis applicatio n under Articles 43-2(2) (including its 47 mutatis mutandis application under Article 43-3(3)) and 43-3(3)) and a 
document relating thereto under Articles  43(5) (including its mutatis mutandis 
application under Article 43-2(2) (inclu ding its mutatis mutandis application 
under Article 43-3(3)) and 43-3(3), have no t been submitted to the Commissioner 
of the Patent Office; and 
(iii) where the patent application is a foreign-language-written-application and 
translations of foreign-language-document s under Article 36-2(2) have not been 
submitted to the Commissioner of the Patent Office. 
(2) A request for the laying open of a pa tent application may not be withdrawn. 
 Article 64-3  An applicant filing a request fo r the laying open of a patent application 
shall submit a written request to the Co mmissioner of the Patent Office stating 
the following: 
(i) the name and domicile or residence of the demandant; and (ii) the identification of the patent application for which the laying open is 
requested. 
 (Effect of the laying open of applications) 
Article 65  (1) After the laying open of a patent application, where the applicant for 
the patent has given warning with document s stating the contents of the invention 
claimed in the patent application, the applicant may claim compensation against 
a person who has worked the invention as a business after the warning and prior to the registration establishing a patent  right, and the amount of compensation 
shall be equivalent to the amount the app licant would be entitled to receive for the 
working of the invention if the invention were patented. Even where the said warning has not been given, the same shall apply to a person who knowingly commercially worked an invention claimed in  a laid open patent application, prior 
to the registration establishing a patent right. 
(2) The right to claim compensation und er the preceding paragraph may not be 
exercised until the registration establishi ng a patent right has been effected. 
(3) Where a provisional exclusive licensee or  a provisional non-exclusive licensee has 
worked an invention pertaining to the pate nt application to the extent permitted 
by the contract granting a license, the applicant for the patent may not claim compensation under paragraph (1). 
(4) The exercise of the right to claim compensation under paragraph (1) shall not 
preclude the exercise of the patent right. 48 (5) Where a patent application has been waived, withdrawn or dismissed after the 
laying open of the patent application, or  where the examiner's decision or a trial 
decision refusing the patent application has become final and binding, or where the patent right has been deemed never to have existed from the beginning under Article 112(6) (except in the case where it is further found that the patent right is deemed to have existed from the beginni ng under Article 112-2(2)), or where 
revocation decision under Article 114(2) has  become final and binding, or where, 
with exception of cases coming under the pr oviso to Article 125, a trial decision to 
the effect that the patent is to be invalidated has become final and binding, the right to claim under paragraph (1) shall be  deemed never to have been established 
from the beginning. 
(6) Articles 101, 104 to 104-3, 105 to 105-2-11, 105-4 to 105-7 and 168(3) to 168(6) of 
this Act and Articles 719 and 724 (tort) of the Civil Code (Act No. 89 of 1896) shall apply mutatis mutandis to the exercise of  the right to claim compensation under 
paragraph (1). In this case, where a person having the right to claim compensation has become aware of the fact that the inve ntion claimed in the patent application 
had been worked and of the person who had worked the invention prior to the registration establishing a patent right,  the term "by the victim or his/her legal 
representative within three years from the time when he/she comes to know of the 
damages and the identity of the perpetrator" in Article 724(i) of the Civil Code shall be deemed to be replaced with "by the person having the right to claim within 
three years from the date of the registration establishing a patent right." 
 
Chapter IV Patent Rights 
Section 1 Patent Rights (Article 66 to Article 99) 
 
(Registration of establishment of a patent right) 
Article 66  (1) A patent right shall beco me effective upon registration of its 
establishment. 
(2) The establishment of a patent right shall be registered where patent fees for each 
year during the period from the first ye ar to the third year under Article 107(1) 
have been paid or an exemption or deferment thereof has been granted. 
(3) Where the registration under the preceding paragraph has been effected, the 
following matters shall be published in th e patent gazette; provided, however, that 
this shall not apply to the matters pres cribed in paragraph (v) where the patent 
application has already been laid open: 49 (i) the name, and the domicile or residence of the patentee(s); 
(ii) the number and the filing date of the patent application; (iii) the name, and the domicile or residence of the inventor(s); (iv) the matters stated in the descriptio n and scope of claims attached to the 
application and the contents of the drawin gs attached to the said application; 
(v) the matters stated in the abstract attached to the application; (vi) the patent number and the date of registration of establishment; and (vii) other necessary matters. 
(4) Article 64(3) shall apply mutatis mutandis where the matters stated in the 
abstract as provided in Article 64(3)(v) are published in the patent gazette under the preceding paragraph. 
 
(Duration of patent rights) 
Article 67  (1) The duration of a patent ri ght shall expire 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 exte nsion if the establishment of a patent 
right is registered on or after the date  on which five years have passed since the 
date of filing of the patent applicatio n, 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 re ferred to as the "base date"). 
(3) The period which may be extended pursuant to the preceding paragraph 
(hereinafter referred to as the "extendibl e 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 provis ions of this Act (excluding Article 39(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 (lim ited 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 proc edure to be undertaken upon receiving 
the notice or order is undertaken: the pe riod 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 th e procedure under the provisions of this 50 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 pe riod 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 provisio ns of the Patent Act and orders with 
regard to the patent application for wh ich 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 und ertake 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 th e 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 (r eferred to as the "Patent Act and related 
laws and regulations" in items (viii) and (ix)) is reserved with regard to the patent application due to the applicant's  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 disp osition 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 the 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 app lication: the period from the date on 
which the written supplement of the de scription, etc. was submitted pursuant 
to paragraph (3) of the said Articl e until the day on which the written 
supplement of the description, etc. is withdrawn pursuant to paragraph (7) of 
the said Article; 
(vii) where an appeal against an examiner's decision of refusal has been filed with 
regard to the patent application: the peri od 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 159(3) (including the cases where applied mutatis mutandis pursuant to Article 174(2)) is made: 51 the period from the date on which a certified copy of the examiner's 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 160(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 examiner's decision of refusal was served until the date on which a certified copy of the appeal decision is served; and 
(c) where an examiner's decision to the effe ct that a patent is to be granted under 
Article 51 as applied mutatis mutandis pursuant to Article 163(3) is made: the period from the date on which a certified copy of the examiner's decision of refusal was served until the date on which a certified copy of the examiner's decision to the effect that a patent is to be granted is served; 
(viii) where a determination for a request fo r review filed under the provisions of 
the Administrative Complaint Review A ct (Act No, 68 of 2014) has become final 
and binding with regard to a dispositio n 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 certified 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 related laws and regulations 
concerning the patent application: the peri od 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 and 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 prescribed by rele vant Acts that are intended to ensure 
safety, etc. or any other disposition de signated 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 workin g 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 107(1)) may be extended, upon the filing an application to 52 register an extension of the duration, by a period not exceeding 5 years. 
 
(Registration of extension of duration) 
Article 67-2   (1) A person(s) filing an application to regi ster an extension under paragraph (2) of 
the preceding Article 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;  
(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 prec eding paragraph shall be accompanied by 
documents stating the basis for the calculatio n of the period set forth in item (iii) 
of the said paragraph as provided by Or dinance of the Ministry of Economy, Trade 
and Industry. 
(3) The application to register an extens ion 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 applicat ion within that period due to reasons 
beyond the person's control: within 14 da ys (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 establishment 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 
application 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 paragraph (1) of the said Article shall be deemed to have been exte nded; provided, however, that this shall 
not apply where the examiner's decision to the effect that the application is to be 
refused has become final and binding or where the registration of extension 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 53 published in the patent gazette.  
 
Article 67-3  (1) Where an application to register an extension under Article 67(2) 
falls under any of the following items, the examiner shall render an examiner's 
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 application 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 fo r the application to register an extension 
under Article 67(2), the examiner shall rend er an examiner's decision to the effect 
that the extension is to be registered.
 
(3) Where the examiner's decision under the preceding paragraph is rendered, the 
extension shall be registered. 
(4) Where the registration of extension under the 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 extension under 
Article 67(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 ex amination of the application was filed. 
 Article 67-4  Article 47(1), Article 50, Article 52 and Article 139 (excluding item 
(vii)) shall apply mutatis mutandis to the examination of an application to register an extension under Article 67(2). In this case, the term "which is being appealed" in Article 139(vi) shall be deemed to be replaced with "on the patent application 
regarding the patent right for which an ap plication to register an extension under 
Article 67(2) is filed." 
 Article 67-5  (1) A person(s) filing an app lication to register an extension under 54 Article 67(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 contents of the disposition desig nated by Cabinet Order under Article 67(4). 
(2) The written application under the prec eding paragraph shall be accompanied by 
materials specifying the reason(s) for the extension, as provided by Ordinance of 
the Ministry of Economy, Trade and Industry. 
(3) The application to register an extension under Article 67(4) shall be filed within 
the time limit prescribed by Cabinet Or der after the disposition prescribed by 
Cabinet Order under Article 67(4) is obta ined; provided, however, that the said 
written application may not be filed after th e expiration of the duration of a patent 
right under Article 67(1). 
(4) Article 67-2(4) to (6) shall apply mutatis mutandis to an application to register 
an extension under Article 67(4). In this case, the term "paragraph (3) of the following Article" in the proviso to Articl e 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 under Article 67(1), a person filin g an application to register an extension 
under Article 67(4) shall submit to the Co mmissioner of the Patent Office, on or 
before the time limit, a document stating the following: 
(i) the name, and domicile or residence of the person filing the application; (ii) the patent number; and (iii) the disposition designated by Cabinet Order under Article 67(4). 
(2) Unless the document required to be s ubmitted under the preceding paragraph is 
submitted, an application to register an extension under Article 67(4) may not be filed after 6 months before the expirati on of the duration under Article 67(1). 
(3) Where the document as provided in paragraph (1) is submitted, the matters 
prescribed in the said paragraph shall be published in the patent gazette. 
(4) Where, due to reasons beyond the control of a person who submits a document 
under paragraph (1), the person is unable to submit the document within the time limit as provided in the said paragraph, the person may, notwithstanding the said 55 paragraph, submit the document within 14 days (where overseas resident, within 
one months) from the date on which the reasons ceased to be applicable, but not later than two months following the date under the said paragraph. 
 Article 67-7  (1) Where an application to register an extension under Article 67(4) 
falls under any of the following items, th e examiner shall render the examiner's 
decision to the effect that the application is to be refused: 
(i) where the disposition designated by Cabinet Order under Article 67(4) is not 
deemed to have been necessary to obtain for the working of the patented invention; 
(ii) where the patentee, or the exclusive licensee or the non-exclusive licensee of 
the patent has not obtained the disposit ion designated by Cabinet Order under 
Article 67(4); 
(iii) where the period for which the exte nsion is requested exceeds the period 
during which the patented invention was unable to be worked; 
(iv) where the person filing the application is not the patentee; and (v) where the application does not meet the requirements under Article 67-2(4) as 
applied mutatis mutandis pursuant to Article 67-5(4). 
(2) Where no reasons for refusal are found fo r the application to register an extension 
under Article 67(4), the examiner shall rend er an examiner's decision to the effect 
that the extension is to be registered. 
(3) Where the examiner's decision under the preceding paragraph is rendered, the 
extension shall be registered. 
(4) Where the registration of extension under the 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 extension under 
Article 67(4); 
(iv) the date of the registration of extension; (v) the period of extension; and (vi) the contents of the disposition desig nated by Cabinet Order under Article 67(4). 
 Article 67-8  The first sentence of Articl e 67-4 shall apply mutatis mutandis to the 
examination of an application to register an extension under Article 67(4). In this case, the term "item (vii)" in the first sentence of Article 67-4 shall be deemed to 56 be replaced with "items (vi) and (vii)." 
 
(Effect of patent right) 
Article 68  A patentee shall have the exclusiv e right to work the patented invention 
as a business; provided, however, that where an exclusive license regarding the 
patent right is granted to a licensee, this  shall not apply to the extent that the 
exclusive licensee is licensed to exclus ively work the patented invention. 
 
(Effect of patent right in the case of duration extension under Article 67(4)) 
 
Article 68-2  Where the duration prescribed in Article 67(1) is extended under 
Article 67(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 under Article 67(4) 
which constituted the reason for the regis tration 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 shall not be effective against the working of the 
patented invention for experimental or research purposes. 
(2) A patent right shall not be effe ctive against the following products: 
(i) vessels or aircrafts merely passing through Japan, or machines, apparatus, 
equipment or other products used therefor; and 
(ii) products existing in Japan prior to  the filing of the patent application. 
(3) A patent right for the invention of a me dicine (refers to a product used for the 
diagnosis, therapy, treatment or prevention of human diseases, hereinafter the same shall apply in this paragraph) to be manufactured by mixing two or more 
medicines or for the invention of a proce ss to manufacture a medicine by mixing 
two or more medicines shall not be effecti ve against the act of preparation of a 
medicine as is written in a prescriptio n from a physician or a dentist and the 
medicine prepared as is written in a pr escription from a physician or a dentist. 
 
(Technical scope of patented invention) 57 Article 70  (1) The technical scope of a patented invention shall be determined based 
upon the statements in the scope of claims attached to the application. 
(2) In the case of the preceding paragraph,  the meaning of each term used in the 
scope of claims shall be interpreted in consideration of the statements in the 
description and drawings attached to the application. 
(3) In the case of the preceding two paragraphs, statements in the abstract attached 
to the application shall not be taken into consideration. 
 Article 71  (1) A request may be made to th e Patent Office for its advisory opinion 
on the technical scope of a patented invention. 
(2) Where a request under the preceding paragraph is made, the Commissioner of 
the Patent Office shall designate three ad ministrative judges to make an advisory 
opinion on the requested matter. 
(3) Articles 131(1), the main clause of 131-2(1), 132(1) and (2), 133, 133-2, 134(1), (3) 
and (4), 135, 136(1) and (2), 137(2), 138, 139 (excluding items (vi) and (vii)), 140 to 144, 144-2(1) and (3) to (5), 145(2) to (5), 146, 147(1) and (2), 150(1) to (5), 151 to 154, 155(1), 157 and 169(3), (4) and (6) shall apply mutatis mutandis to the advisory opinion under paragraph (1). In this case, the term "trial decision" in 
Article 135 shall be deemed to be replaced  with "ruling", the term "trial other than 
the trial under the preceding paragraph" in Article 145(2) shall be deemed to be replaced with "proceedings for advisory op inion", the term "where public order or 
morality is liable to be injured thereby" in the proviso to Article 145(5) shall be 
deemed to be replaced with "where the chief administrative judge considers it 
necessary", the term "Article 147" in Arti cle 151 shall be deemed to be replaced 
with "Article 147(1) and (2)", the term "before a trial decision becomes final and binding" in Article 155(1) shall be deemed to be replaced with "before the certified 
copy of the written advisory opinion is served". 
(4) No appeal may be made against a rulin g under Article 135 to be applied mutatis 
mutandis in the preceding paragraph. 
 Article 71-2  (1) Where the Commissioner of the Patent Office is commissioned by 
the court for the provision of an expert opinion on the technical scope of a patented invention, the Commissioner of the Patent Office shall appoint three administrative judges and direct them to provide an expert opinion on the requested matter. 
(2) Articles 36(1), 36(2), 137(2) and 138 shall apply mutatis mutandis to the 58 commissioning of the provision of an expert opinion prescribed in the preceding 
paragraph. 
 
(Related to patented inventions, etc., by others) 
Article 72  Where a patented invention uses  another person's patented invention, 
registered utility model, registered design  or design similar thereto for which an 
application was filed prior to the date of fi ling of the said patent application, or 
where the patent right is in conflict wi th another person's design right or 
trademark right obtained based on an applicat ion filed prior to the date of filing of 
the said patent application, the patent ee, exclusive licensee or non-exclusive 
licensees may not work the patented invention as a business. 
 
(Jointly owned patent rights) 
Article 73  (1) Where a patent right is join tly owned, no joint owner may assign or 
establish a right of pledge on the said joint owner's own share without the consent 
of all the other joint owners. 
(2) Where a patent right is jointly owned, unless otherwise agreed upon by contract, 
each of the joint owners of the patent  right may work the patented invention 
without the consent of the other joint owners. 
(3) Where a patent right is jointly owne d, no joint owner may grant an exclusive 
license or non-exclusive license with regard  to the patent right to any third party 
without the consent of all the other joint owners. 
 
(Special provisions pertaining to transfer of patent right) 
Article 74  (1) Where a patent falls under the requirements as provided in Article 
123(1)(ii) (limited to cases where the patent is obtained in violation of Article 38) or the requirements as provided in item (v i) of the said paragraph, a person who 
has the right to obtain a patent for the in vention pertaining to the said patent may 
request the patentee thereof to transfer the said patent right as provided by Ordinance of the Ministry of Economy, Trade and Industry. 
(2) Where the transfer of a patent right has been registered based on the request 
under the preceding paragraph, the patent right shall be deemed to have belonged 
to a person who has obtained the said registration from the beginning. The same shall apply to the right to claim compensation under Article 65(1) or Article 184-10(1) on the invention pertaining to the said patent right. 
(3) Paragraph (1) of the preceding Article shall not apply where the share of a jointly 59 owned patent right is transferred based on the request under paragraph (1). 
 Articles 75  Deleted  
(Lapse of patent rights in absence of heir) 
Article 76  A patent right shall lapse where no person claims the right as an heir 
within the time limit designated in Article 958 of the Civil Code. 
 
(Exclusive license) 
Article 77  (1) A patentee may grant an exclusive license on the patent right. (2) An exclusive licensee shall have an exclus ive right to work the patented invention 
as a business to the extent permitted by the contract granting the license. 
(3) An exclusive license may be transferred only where the business involving the 
working of the relevant invention is al so transferred, where the consent of the 
patentee is obtained or where the transfer occurs as a result of general succession 
including inheritance. 
(4) An exclusive licensee may establish a right of pledge or grant a non-exclusive 
license on his exclusive license to a th ird party only where the consent of the 
patentee is obtained. 
(5) Article 73 shall apply mutatis mutandis to exclusive licenses.  
(Non-exclusive license) 
Article 78  (1) A patentee may grant a non-exclusive license on the patent right to 
any third party. 
(2) A non-exclusive licensee shall have a righ t to work the patented invention as a 
business to the extent prescribed by this Act or permitted by the contract granting 
the license. 
 
(Non-exclusive license based on prior use) 
Article 79  A person who, without knowledg e of the content of an invention claimed 
in a patent application, made an invention identical to the said invention, or a person who, without knowledge of the cont ent of an invention claimed in a patent 
application, learned the invention from a person who made an invention identical 
to the said invention and has been work ing the invention or preparing for the 
working of the invention in Japan at the time of the filing of the patent application, shall have a non-exclusive license on the patent right, only to the extent of the 60 invention and the purpose of such business worked or prepared. 
 
(Non-exclusive license due to the working of  the invention prior to the registration 
of transfer of patent right) 
Article 79-2  (1) A person who had a patent right, or an exclusive license on the 
patent right or a non-exclusive license on the patent right, or the exclusive license 
at the time of the registration of transfe r of the patent right based on the request 
pursuant to Article 74(1), who is doing a business working an invention in Japan 
or preparing such business, before the regi stration of transfer of the patent right, 
without knowledge that the patent falls under the requirements as provided in 
Article 123(1)(ii) (limited to cases where the said patent has been obtained in violation of Article 38) or the requirements as provided in item (vi) of the said 
paragraph, shall have a non-exclusive license on the patent right only to the extent 
of the invention and the purpose of such business worked or prepared. 
(2)  The patentee shall have a right to re ceive reasonable consideration from the 
non-exclusive licensee under the preceding paragraph. 
 
(Non-exclusive license due to the working of  the invention prior to the registration 
of the request for an invalidation trial) 
Article 80  (1) A person falling under any of the following items, who is doing a 
business working an invention in Japan or preparing such business, before the registration of a request for an invalid ation trial, without knowledge that the 
patent falls under any of the paragraphs of Article 123(1), shall have a non-exclusive license regarding the invalidated  patent right or the exclusive license 
existing at the time of the invalidation, on ly to the extent of the invention and the 
purpose of such business worked or prepared: 
(i) the original patentee in the case wher e one of two or more patents granted for 
the same invention has been invalidated; 
(ii) the original patentee in the case wher e, after a patent has been invalidated, a 
patent is granted to the person who is entitled to obtain a patent for the same invention; and 
(iii) in the case referred to in items (i) and  (ii), a person that, at the time of the 
registration of the request for an in validation trial, has an exclusive license 
regarding the patent right to be invalidat ed, or a non-exclusive license regarding 
the patent right or an exclusive license on the patent right. 
(2) The patentee or the exclusive licensee shall have a right to receive reasonable 61 consideration from the non-exclusive lic ensee under the preceding paragraph. 
 
(Non-exclusive license after expirati on of duration of design right) 
Article 81  Where a design right with regard to an application for a design 
registration filed on or before the date of filing of a patent application is in conflict 
with the patent right with regard to the pa tent application, the original holder of 
design right shall, upon expiration of the duration of the design right, have a non-exclusive license on the said patent right or on the exclusive license actually existing at the time of expiration of the duration of the design right, limited to the extent of the original design right. 
 Article 82  (1) Where a design right with regard to an application for a design 
registration filed on or before the date of filing of a patent application is in conflict 
with the patent right with regard to the patent application, a person who, at the 
time of expiration of the duration of the design right, actually owns the exclusive license on the design right, or a non-exclusive license on the design right or on the exclusive license shall, upon expiration of the duration of the design right, have a 
non-exclusive license on the patent righ t or on the exclusive license actually 
existing at the time of expiration of the duration of the design right, limited to the extent of the original right. 
(2) The patentee or the exclusive licensee shall have a right to receive reasonable 
consideration from the non-exclusive lic ensee under the preceding paragraph. 
 
(Award granting non-exclusive license where invention is not worked) 
Article 83  (1) Where a patented inventio n is not sufficiently and continuously 
worked for 3 years or longer in Japan, a person intending to work the patented 
invention may request the patentee or the exclusive licensee to hold consultations 
to discuss granting a non-exclusive license; provided, however, that this shall not 
apply unless 4 years have lapsed from the f iling date of the patent application in 
which the patented invention was filed. 
(2) Where no agreement is reached by consultations or no consultations are able to 
be held as provided in the preceding para graph, the person intending to work the 
patented invention may request the Commis sioner of the Patent Office for an 
award. 
 
 (Submission of a written answer) 62 Article 84  Where a request for an award has been filed under Article 83(2), the 
Commissioner of the Patent Office shall se rve a copy of the written request to the 
patentee or exclusive licensee pertaining to the request, or any other person having a registered right pertaining to th e patent, and give such a person an 
opportunity to submit a written answ er, designating an adequate time limit. 
 
(Statement of opinions of non-exclusive licensee) 
Article 84-2  Where a request for an award has been filed under Article 83(2), a 
person who has a non-exclusive license on the patent may state opinions on the said request for the award within the ti me limit under the preceding Article. 
 
(Hearing of opinions of councils, etc.) 
Article 85  (1) In rendering an award under Article 83(2), the Commissioner of the 
Patent Office shall hear the opinions of those provided by Cabinet Order, including 
councils, etc. (refer to organs provided  in Article 8 of National Government 
Organization Act (Act No. 120 of 1948)). 
(2) Where there is a reasonable ground fo r failing to properly work the patented 
invention, the Commissioner of the Patent Office shall not render an award to the 
effect that a non-exclusive license is to be granted. 
 
(Formal requirements for award) 
Article 86  (1) The award under Article 83(2)  shall be rendered in writing and state 
the grounds therefor. 
(2) The following matters shall be determined in an award to the effect that a non-
exclusive license is to be granted: 
(i) the scope of the non-exclusive license to be granted; and (ii) the amount of consideration, and the method and time of payment thereof. 
 
(Service of certified copy of award) 
Article 87  (1) The Commissioner of the Patent Office shall, upon rendering an 
award under Article 83(2), serve a certified copy of the award to the parties, non-parties having registered rights relating to the patent and a non-exclusive licensee 
who has stated opinions under Article 84-2. 
(2) Where a certified copy of an award to th e effect that a non-exclusive license is to 
be granted is served to the parties under  the preceding paragraph, an agreement 
as prescribed in the award is deemed to have been reached between the parties. 63  
(Deposit of consideration) 
Article 88  A person(s) required to pay co nsideration under Article 86(2)(ii) shall 
deposit the said consideration in the following cases: 
(i) where the performance of consideratio n 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) where a right of pledge is established on the patent right or the exclusive 
license; provided, however, that this s hall not apply where the consent of the 
pledgee is obtained. 
 
(Loss of effect of award) 
Article 89  Where a person(s) who desires a non-exclusive license to be granted fails 
to pay or deposit consideration (or, wh ere such consideration is to be paid 
periodically or by installments, the firs t installment thereof) within the time of 
payment determined in the award under Article 83(2), the award to the effect that a non-exclusive license is to be granted shall lose its effect. 
 
(Rescission of award) 
Article 90  (1) After rendering an award to the effect that a non-exclusive license is 
to be granted under Article 83(2), where the enforcement of the award becomes inappropriate due to specific reason(s) including the case where the grounds for the award have ceased to exist, or where the person to whom the non-exclusive license was granted fails to properly work the patented invention, the Commissioner of the Patent Office may, upon request of an interested person or 
ex officio, rescind the award. 
(2) Articles 84, 84-2, 85(1), 86(1) and 87(1) shall apply mutatis mutandis to the 
rescission of awards under the preceding paragraph and Article 85(2) shall apply mutatis mutandis to the rescission of  awards under the preceding paragraph 
where the person to whom a non-exclusive lic ense is granted fails to properly work 
the patented invention. 
 Article 91  A non-exclusive license shall lapse after the rescission of the award 64 under Article 90(1). 
 
(Restriction on grounds for objection to award) 
Article 91-2  No request for review under the provisions of the Administrative 
Complaint Review Act with regard to the award rendered under Article 83(2) may be filed on the ground that the consideration prescribed in the award is unsatisfactory. 
 
(Award granting non-exclusive license  to work own patented invention) 
Article 92  (1) Where a patented invention falls under any of the cases as provided 
in Article 72, the patentee or exclusiv e licensee may request the other person 
under the said Article to hold consultations to discuss granting a non-exclusive license to work the patented invention or  a non-exclusive license on the utility 
model right or the design right. 
(2) The other person under Article 72 who is requested to hold consultations under 
the preceding paragraph may request the patentee or exclusive licensee requesting such consultations to hold consultations to discuss granting a non-exclusive license 
to the extent of the patented invention t hat the said patentee or exclusive licensee 
intend to work with a non-exclusive license on the patent right, on the utility model right or on the design right granted through consultations. 
(3) Where no agreement is reached by consultations or no consultations are able to 
be held as provided in paragraph (1), the patentee or the exclusive licensee may 
request the Commissioner of the Patent Office for an award. 
(4) Where no agreement is reached by consultations or no consultations are able to 
be held as provided in paragraph (2) and where a request for an award is filed 
under the preceding paragraph, the other person under Article 72 may request the 
Commissioner of the Patent Office for an award only within the time limit for the submission of a written answer by the said other person designated by the 
Commissioner of the Patent Office under  Article 84 as applied mutatis mutandis 
under paragraph (7). 
(5) In the case of paragraph (3) or (4), the Commissioner of the Patent Office shall 
not render an award to the effect that a non-exclusive license is to be granted 
where the granting of the non-exclusive lic ense will be unreasonably prejudicial to 
interest of the other person under Article 72, the patentee or the exclusive licensee. 
(6) In the case of paragraph (4), in addition  to the case provided for in the preceding 
paragraph, the Commissioner of the Patent Office shall not render an award 65 ordering a non-exclusive license to be gr anted if an award ordering a non-exclusive 
license to be granted is not rendered with  respect to the request for an award under 
paragraph (3). 
(7) Articles 84, 84-2, 85(1) and 86 through the preceding Article shall apply mutatis 
mutandis to the award under paragraph (3) or (4). 
 
(Award granting non-exclusive license for public interest) 
Article 93  (1) Where the working of a pate nted invention is particularly necessary 
for the public interest, a person(s) intend ing to work the patented invention may 
request the patentee or the exclusive licen see to hold consultations to discuss 
granting a non-exclusive license. 
(2) Where no agreement is reached by consultations or no consultations are able to 
be held as provided in the preceding para graph, the person intending to work the 
patented invention may request the Minist er of Economy, Trade and Industry for 
an award. 
(3) Articles 84, 84-2, 85(1) and 86 through 91-2 shall apply mutatis mutandis to the 
award under the preceding paragraph. 
 
(Transfer, etc. of non-exclusive license) 
Article 94  (1) Except for a non-exclusive license granted by an award under Article 
83(2), 92(3), 92(4) or 93(2) of the Patent Act, Article 22(3) of the Utility Model Act 
or Article 33(3) of the Design Act, a no n-exclusive license may be transferred only 
where the business involving the working of the relevant invention is also transferred, where the consent of the patentee (or, in the case of non-exclusive license on the exclusive license, the patent ee and the exclusive licensee) is obtained 
and where the transfer occurs as a result of general succession including inheritance. 
(2) Except for a non-exclusive license grant ed by an award under Article 83(2), 92(3), 
92(4) or 93(2) of the Patent Act, Article 22(3) of the Utility Model Act or Article 33(3) of the Design Act, a non-exclusive licensee may establish a right of pledge on the non-exclusive right only where the consent of the patentee (or, in the case of non-exclusive license on the exclusive license, the patentee and the exclusive 
licensee) is obtained. 
(3) A non-exclusive license granted by an aw ard under Article 83(2) or 93(2) may be 
transferred only where the business involving the working of the relevant invention is also transferred. 66 (4) Where a non-exclusive license is granted  by an award under Article 92(3) of the 
Patent Act, Article 22(3) of the Utility Mode l Act or Article 33(3) of the Design Act, 
the said non-exclusive license shall be tr ansferred together with the patent right, 
utility model right or design right of the non-exclusive licensee on which the non-exclusive license is granted and the busine ss involving the working of the relevant 
invention in the case where each right is transferred together with the said business, and shall be extinguished in the case where each right of the said non-exclusive licensee is extinguished or transferred independently of the said 
business. 
(5) A non-exclusive license granted by an award under Article 92(4) shall be 
transferred together with the patent right,  utility model right or design right of 
the non-exclusive licensee on which the no n-exclusive license is granted, and shall 
be extinguished in the case where the sa id patent right, utility model right or 
design right is extinguished. 
(6) Article 73(1) shall apply mutatis mutandis to non-exclusive licenses.  
(Right of pledge) 
Article 95  Unless otherwise agreed upon by contract, where a right of pledge is 
established on a patent right, exclusiv e 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 consider ation to be paid fo r the patent right, 
exclusive license or non-exclusive license or  any money or goods to be received by 
the patentee or the exclusive licensee for the working of the patented invention; provided, however, that the pledgee have to attach the consideration, money or 
goods prior to the payment of money or delivery of goods. 
 
(Waiver of patent right, etc.) 
Article 97  (1) Where there is an exclus ive licensee, pledgee or non-exclusive 
licensee as provided in Article 35(1), 77(4) or 78(1), a patentee may waive the 
patent right, only where the consent of the said exclusive licensee, pledgee or non-exclusive licensee is obtained. 
(2) Where there is a pledgee or non-exclus ive licensee as provided in Article 77(4), 
an exclusive licensee may waive the exclus ive license, only where the consent of 
the said pledgee or non-exclusive licensee is obtained. 67 (3) Where there is a pledgee, a non-excl usive licensee may waive the non-exclusive 
license, only where the consent of the said pledgee is obtained. 
 
 (Effect of registration) 
Article 98  (1) The following matters must be registered to take effect: 
(i) the transfer (except for a transfer ar ising from general succession including 
inheritance), modification due to trust, lapse due to waiver or restriction on disposition of a patent right; 
(ii) the grant, transfer (except for a transfer arising from general succession 
including inheritance), amendment, lapse (except for a lapse arising from a merger or a lapse of the patent right) or restriction on disposition of an exclusive 
license; and 
(iii) the establishment, transfer (excep t for a transfer arising from general 
succession including inheritance), amendm ent, lapse (except for a lapse arising 
from a merger or extinguishment of credit secured thereby) or restriction on disposition of a right of pledge of a patent right or exclusive license. 
(2) Matters of general succession including inheritance under the preceding 
paragraph shall be notified to the Commissi oner of the Patent Office without delay. 
 
(Perfection of non-exclusive license) 
Article 99  When a non-exclusive license is registered, the non-exclusive license 
shall have effect on any person who subs equently acquires the patentee or the 
exclusive licensee, or the exclusiv e license on the patent right. 
 
Section 2 Infringement of rights (Article 100 to Article 106) 
 
(Right to seek injunction) 
Article 100  (1) A patentee or exclusive licensee may demand a person who infringes 
or is likely to infringe the patent right or  exclusive license to stop or prevent such 
infringement. 
(2) In making a demand under the preced ing paragraph, the patentee or exclusive 
licensee may demand measures necessary for the prevention of such infringement including the disposal of products constitu ting such act of infringement (including, 
in the case of a patented invention of a process of producin g products, products 
produced by the act of infringement; the same shall apply in Article 102(1)) and the removal of facilities used for the act of infringement. 68  
(Acts Deemed to constitute infringement) 
Article 101  The following acts shall be de emed to constitute infringement of a 
patent right or an exclusive license: 
(i) where a patent has been granted for an invention of a product, acts of producing, 
assigning, etc., importing or offering for assignment, etc. any product to be used 
exclusively for the producing of the said product as a business; 
(ii) where a patent has been granted for an in vention of a product, acts of producing, 
assigning, etc., importing or offering fo r assignment, etc. any product (excluding 
those widely distributed within Japan) to be used for the producing of the said product and indispensable for the resolution of the problem by the said invention as a business, knowing that the said in vention is a patented invention and the 
said product is used for the working of the invention; 
(iii) where a patent has been granted for an invention of a product, acts of 
possessing the said product for the purpose of assigning, etc. or exporting it as a business; 
(iv) where a patent has been granted for an in vention of a process, acts of producing, 
assigning, etc., importing or offering for assignment, etc. any product to be used 
exclusively for the use of the said process as a business; and 
(v) where a patent has been granted for an in vention of a process, acts of producing, 
assigning, etc., importing or offering fo r assignment, etc. any product (excluding 
those widely distributed within Japan) to be used for the use of the said process and indispensable for the resolution of the problem by the said invention, knowing that the said invention is a pate nted invention and the said product is 
used for the working of the invention as a business; 
(vi) where a patent has been granted for an invention of a process of producing a 
product, acts of possessing the product produced by the said process for the purpose of assigning, etc. or exporting it as a business. 
 
(Presumption of Amount of Damage, etc.) 
Article 102  (1) Where 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 righ t or exclusive license, and the infringer 
assigned articles that constitute the a ct of infringement, the amount of damages 
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.  69 (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 act 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 quantity due to such circums tances (referred to as “specified 
quantity” in the next item) shall be dedu cted) proportionate to the ability of the 
patentee or the exclusive licensee to work the products (referred to as “working 
equivalent quantity” in the same item) wi thin the quantity of products assigned 
by the infringer who has committed the in fringement 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) Where 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 earned profits from the act of infringement, the am ount of profits earned by the infringer 
shall be presumed to be the amount of damage sustained by the patentee or exclusive licensee. 
(3) A patentee or an exclusive licensee may claim against an infringer compensation 
for damage sustained as a result of the intentional or negligent infringement of 
the patent right or exclusive license, by  regarding the amount the patentee or 
exclusive licensee would have been entitl ed to receive for the working of the 
patented invention as the amount of damage sustained. 
(4) When a court determines the amount e quivalent to the amount of money to be 
received for the working of the patented invention provided 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 pa tent right or the exclusive license with 70 the infringer on the premise that the pate nt right or exclusive license had been 
infringed. 
(5) The paragraph (3) shall not prevent any relevant party from claiming 
compensation for damage in an amount exc eeding the amount provided for therein. 
In such a case, where the infringer committe d the infringement of the patent right 
or exclusive license without intent or gr oss negligence, the court may take these 
circumstances into consideration in de termining the amount of damages. 
 
(Presumption of negligence) 
Article 103  An infringer of a patent right or exclusive license of another person is 
presumed negligent in the commission of the said act of infringement. 
 
(Presumption of (patented) producing process) 
Article 104  Where the invention of a pr ocess of producing a product has been 
patented and the product was not publicly  known in Japan prior to the filing of 
the patent application, a product identical with such product shall be presumed to 
have been produced by the patented process. 
 
(Obligation to clarify the specif ic conditions (of infringement)) 
Article 104-2  In litigation concerning the infringement of a patent right or an 
exclusive license, in order to deny the sp ecific conditions of an article or process 
that a patentee or an exclusive licensee claims as one that composed an act of 
infringement, the adverse party shall clarify the specific conditions of his/her act; provided, however, that this shall not apply where there exist reasonable grounds preventing the adverse party from so doing. 
 
(Restriction on exercise of rights of patentee, etc.) 
Article 104-3  (1) Where, in litigation concer ning the infringement of a patent right 
or an exclusive license, the said patent is recognized as one that should be invalidated by an invalidation trial or the registration of extension of duration of the said patent right is recognized as one that should be invalidated by a trial for 
invalidation of the registration of extension, the rights of the patentee or exclusive licensee may not be exercised against the adverse party. 
(2) Where the court considers that the mate rials used for an allegation or defense 
under the preceding paragraph are submitted for the purpose of unreasonably delaying the proceedings, the court may, upon a motion or ex officio, render a 71 ruling to the effect that the allegation or the defense is to be dismissed. 
(3) Article 123(2) shall not preclude any person other than a person who may file a 
request for invalidation trial on the said  patented invention from submitting a 
method of allegation or defense as provided in paragraph (1). 
 
(Limitation to assertion) 
Article 104-4  (1) Where the following ruling or trial decision has become final and 
binding after a final judgment on a litigation pertaining to an infringement of a patent right or an exclusive license or to a claim of compensation as provided in 
Article 65(1) or Article 184-10(1) has become final and binding, a person who was a party in the said litigation may not claim the fact that the said ruling or the said trial decision has become final and binding in an appeal for retrial against the said 
final judgment (including appeals for the purpose of the claim of compensation for damage against an obligee of a case of pr ovisional seizure order in which the said 
litigation is the case and appeals for the purpose of the claim of the compensation for damage and the return for unjust enrich ment against an obligee of the case of 
provisional disposition order in whic h the said litigation is the case): 
(i) a ruling to the effect that the said patent  is to be revoked or a trial decision to 
the effect that the said patent is to be invalidated; 
(ii) a trial decision to the effect that the re gistration of extension of the duration of 
the said patent is to be invalidated; 
(iii) a ruling or a trial decision as provid ed by Cabinet Order to the effect that the 
description, scope of claims or drawings  attached the application for the said 
patent is to be corrected. 
 (Production of documents, etc.)
 
Article 105  (1) In litigation concerning the infringement of a patent right or 
exclusive license, the court may, upon a mo tion of a party, order the other party to 
produce documents that are required to prov e the said act of infringement or to 
calculate the damage arising from the said  act of infringement; provided, however, 
that this shall not apply where there are reasonable grounds for the person possessing the documents to refuse production of the said documents. 
(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 gro unds as provided in the proviso to the 72 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 of the preceding paragraph, where the court finds it necessary to hear 
opinions by disclosing the documents as provided in the latter sentence of the preceding paragraph to make a decision concerning 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 claus e of the said paragraph or whether or 
not there are reasonable grounds as provided  in the proviso to the said paragraph, 
the court may disclose the documents to th e parties, etc. (the parties (or, in the 
case of juridical persons, their represen tatives), their representatives (excluding 
attorneys and assistant), employees and other workers, the same shall apply hereinafter), attorneys or assistant. 
(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 shall apply mu tatis mutandis to the presentation of 
the subject-matter of the inspection t hat is required to prove the act of 
infringement in litigation concerning th e infringement of a patent right or 
exclusive license. 
 
(Order of investigatio n to the investigator) 
Article 105-2  (1) In a lawsuit relating to in fringement 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 exclusiv e 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, 73 the burden 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 re asoning 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 obtained 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 permissi on 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 d eemed 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 agains t a decision on the petition of an order 
of an investigation.  
(Designation of investigator, etc.) 
Article 105-2-2  (1) Investigations sha ll be conducted by the investigator. 
(2) The investigator shall be designated by the court. (3) The court may order an enforcement offi cer 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 investigat or. Even if the investigation is carried 
out by the investigator, in the case wher e the cause of a challenge arises or the 
parties come to know the cause after the investigation, the same shall apply. (2) The provisions of Articles 214(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 suit, the authorized judge, or 74 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 investigator shall conduct an in vestigation, and create and submit to the 
court a report on the results (hereinafter re ferred to as the "Investigation report"). 
(2) When the investigator conducts an inve stigation, 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 bein g investigated to locate documents, etc. 
subject to the investigation, ask the party  under investigation questions, or request 
the presentation of documents, etc., and additionally take measures, granted by the court as measures required for investigatio n, including the operation of equipment, 
measurement, experiments, and/or any other measures. (3) The enforcement officer, upon provid ing 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 inve stigation, 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 para graphs come into effect, the party under 
investigation shall fully cooperate with th e investigator and the enforcement officer 
concerning matters related to the investigation as  necessary. 
 
(Consequences in cases where the party un der investigation refuses entry into the 
factory etc.) Article 105-2-5  When a party under invest igation 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 meas ures granted by the court as measures 
required for the investigation including th e operation of equipment, taking of 
measurements, and conduction of experiment s, or any other applicable measures as 
per paragraph (2) of the preceding Article without a justifiable reason, the court may 
recognize the complainant's claim related 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. 75 (2) The party under investigation 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 has 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 determ ine whether there is a justifiable reason 
as per the preceding paragraph is necessary, the court may disclose all or part of the 
Investigation 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 investigation must be obtained in advance. (5) An immediate appeal may be filed agai nst the decision to dismiss the petition 
based on the provision in paragraph (2) and th e 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 ar e filed by the party under investigation 
within the period as per paragraph (2) of the preceding article, or when the court's 
trial on the petition as per the same para graph is finalized, the petitioner and the 
party under investigation can claim to th e 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 th e 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 be excluded). (2) Except in the case outlined in the pr eceding paragraph, no one may request to 
inspect or copy the submitted Investigatio n report, or for the original, copy or 
abstract thereof to be issued or copied. (3) The provisions of Article 91(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 "Article 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." 76  
  (Investigator's right to refuse 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 197(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 allo wances and lodging expenses related to 
the investigator, investigation fees and co sts required for investigations are decided 
depending on the example of the provisions of the Act on Civil Procedure Costs (Act 
No. 40 of 1971) unless 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 pr ovided in this Act, matters necessary for 
the implementation of the provisions in Article 105-2 to the preceding article shall be provided in the Supreme Court Rules. 
 (Expert opinion for calculation of damages) 
Article 105-2-11  In litigation concerning the infringement of a patent right or 
exclusive license, where, upon the motion of a party, the court orders that an expert opinion be obtained for the calculation of da mage arising from the act of infringement, 
the other party shall explain to the expe rt witness the matters necessary for the 
expert witness's expert opinion. 
 (Determination of reasonable damages) 
Article 105-3  In litigation concerning th e infringement of a patent right or 
exclusive license, where the court has determined that damage actually arose and where it is extremely difficult for the cou rt, due to the nature of the facts, to prove 
the facts necessary to determine the amo unt of damage, the court may determine 
a reasonable amount of damage based on the entire import of oral argument and the result of the examination of evidence. 
 
(Protective order) 
Article 105-4  (1) In litigation concerning  the infringement of a patent right or 77 exclusive license, where there is prima-faci e evidence of the fact that trade secrets 
(refers to trade secrets as provided in Article 2(6) of the Unfair Competition 
Prevention Act (Act No. 47 of 1993), the same shall apply hereinafter) possessed by a party satisfy all of the following para graphs, the court may, upon a motion of 
the party, order by a ruling that the parties, etc., attorneys or assistants shall neither use the trade secrets for any purp ose other than those for the proceedings 
of the litigation nor disclose the trade se crets to any person other than those who 
receive the order regarding the trade secrets under this provision; provided, however, that this shall not apply where the parties, etc., attorneys or assistants 
have, prior to the filing of the motion, already obtained or been in the possession of the trade secrets by a method other than by reading of the briefs under item (i) or through the examination or disclosu re of evidence under the said item: 
(i) where the trade secrets possessed by th e party were or are contained in the 
briefs already submitted or to be submi tted or such trade secrets were or are 
contained in the evidence already examined or to be examined (including documents disclosed under Article 105(3) , all or part of the Investigation report 
submitted under Article 105-2-4(1), or documents disclosed under Article 105-7(4)); 
(ii) where it is necessary to restrict the use or the disclosure of the trade secrets 
under the preceding paragraph to prevent any possible interference with the party's business activities based on the trade secrets, that might arise if the 
trade secrets are used for any purpose other than those for the proceedings of the litigation or if the said trade secrets are disclosed. 
(2) A motion requesting the order under the preceding paragraph (hereinafter 
referred to as a "protective or der") shall be made in writing specifying the following 
matters: 
(i) the person(s) to whom the prot ective order is to be issued; 
(ii) the facts that clearly identify the trade  secrets to be protected by the protective 
order; and 
(iii) the facts corresponding to the reasons each of the items in the preceding 
paragraph is applicable. 
(3) Where the protective order is issued, a written ruling thereof shall be served to 
the person(s) to whom the protective order is issued. 
(4) The protective order shall take effect as  of the date the written ruling is served 
to the person(s) to whom the protective order is issued. 
(5) The decision dismissing a motion request ing the protective order shall be subject 78 to immediate appeal. 
 
(Rescission of protective order) 
Article 105-5  (1) A person(s) who has file d a motion requesting a protective order 
or to whom a protective order is issued may file a motion with the court where the 
record of a case(s) is maintained (or, in the case of no such court maintaining the 
record of a case(s), the court issuing the protective order), requesting the rescission 
of the protective order on the ground that  the requirements as provided in Article 
105-4(1) are not met or are no longer met. 
(2) Where a decision on a motion requesting the rescission of a protective order is 
rendered, a written ruling thereof shall be served to the person who filed the motion and the adverse party in the case. 
(3) The decision on a motion requesting the rescission of a protective order shall be 
subject to immediate appeal. 
(4) A decision to the effect that a protecti ve order is to be rescinded shall have no 
effect unless the decision becomes final and binding. 
(5) Where a decision to the effect that a protec tive order is to be rescinded is rendered, 
the court shall immediately notify the pers on(s) who, in the litigation in which the 
said protective order was issued, received  the protective order pertaining to the 
trade secrets who are neither the person f iling the motion requesting the rescission 
of the protective order nor the adverse party, if any, of the fact that the decision to the effect that the protective order is to be rescinded was rendered. 
 
(Notice, etc. of a request inspection of record, etc.) 
Article 105-6  (1) Where a ruling under Article 92(1) of the Code of Civil Procedure 
was rendered concerning the record of lit igation in which a protective order was 
issued (excluding litigation in which all protective orders have been rescinded), 
where a party to whom the protective order was not issued in the litigation requests inspection etc. of a part of the record in which the confidential 
information is contained, etc. under the sa id Article., immediately after the filing 
of the request, the court clerk shall notify the party who filed the motion (restricting access to the record) under the said Article (excluding the person who 
filed the request, the same in paragraph (3 )) of the fact that the said request has 
been filed. 
(2) In the case of the preceding paragraph,  the court clerk shall not allow the person 
who filed the request to inspect etc. the part in which confidential information is 79 contained under Article 92(1) of the Code of Civil Procedure before a lapse of two 
weeks from the date of filing of the said request (or, where a motion requesting a protective order is filed prior to the da y in which two weeks have lapsed, against 
the person who filed the request, before th e decision on the motion becomes final 
and binding). 
(3) The preceding two paragraphs shall not apply where the consent of all the parties 
who filed a motion under Article 92(1) of the Code of Civil Procedure is obtained, allowing the person who filed a request under  paragraph (1) to inspect etc. the part 
in which confidential information is contained. 
 
(Ban on open examination of parties, etc.) 
Article 105-7  (1) When a party, etc., to lit igation concerning the infringement of a 
patent right or exclusive license is to be examined as a party to the litigation, as 
its statutory representative or as a witne ss, with regard to matters that will be a 
basis for the determination of the existence or non-existence of the said infringement, and such matters are trade secrets possessed by a party, the court 
may, by a ruling, elect to hold closed exam inations of such matters where the court, 
upon the unanimous consent of all judges, finds that the parties, etc. will be unable to make sufficient statements regarding the matters due to the obvious fact that 
making statements regarding the matters at an open examination will significantly interfere with the business activities of the party based on such trade secrets and that, without such statements , a proper decision on the fact of the 
existence or non-existence of the infringeme nt of a patent right or exclusive license 
that ought to be made based on the said matters may not be made based solely on 
other evidence. 
(2) The court shall, in rendering the ruling as provided in the preceding paragraph, 
hear the opinions of the parties, etc. in advance. 
(3) In the case of the preceding paragraph, where necessary, the court may cause the 
parties, etc., to present a document stating the gist of the matters to be stated. In 
such a case, no person may request the disclosure of the document presented. 
(4) When the court finds it necessary to hear  opinions by disclosing the document as 
provided in the latter sentence of the preceding paragraph, the court may disclose the document to the parties, etc., their attorneys or assistants. 
(5) Where the examination on certain matters  is to be closed under paragraph (1), 
the court shall declare such fact and reason s therefor prior to requiring the public 
to leave the court. Upon completion of the examination on the said matters, the 80 court shall allow the public to re-enter the court. 
 
(Measures to restore credibility) 
Article 106  The court may, upon the reque st of a patentee or exclusive licensee, 
order the person(s) who harmed the business credibility of the patentee or exclusive licensee by intentionally or neg ligently infringing upon the patent right 
or exclusive license to take measures ne cessary to restore the business credibility 
of the patentee or exclusive licensee in lieu of or in addition to compensation for damages. 
 
Section 3 Patent Fees 
 (Patent fees) 
Article 107  (1) A person obtaining the regis tration establishing a patent right, or a 
patentee, shall pay as patent fees the amount specified in the right-hand column of the following table, corresponding to th e relevant period in the left-hand column, 
for each patent registration and for each year from the date of the registration 
establishing the patent right to the expiration of the duration as provided in Article 67(1), (and, where the said duration is extended by Article 67(4), for such additional period): 
 
 
Period within term  
Amount 
 
First to third year Annually  
2,100 yen plus 200 yen per claim 
 Fourth to sixth year Annually  
6,400 yen plus 500 yen per claim 
 Seventh to ninth year Annually  
19,300 yen plus 1,500 yen per claim 
 Tenth to twenty-fifth year Annually  
55,400 yen plus 4,300 yen per claim 
 
(2) The preceding paragraph shall not apply to  patent rights belonging to the State. 
(3) Notwithstanding the provisions of paragr aph (1), where a patent right is jointly 
owned by persons including the State and /or a person entitled to receive a 
reduction of the patent fees or exemptio n therefrom under Article 109 or Article 
109-2 or the provisions of any other laws or ordinances (hereinafter referred to as 
a "reduction/exemption" in this paragraph) , and the portion of their respective 
shares of the said patent right has been agreed, the patent fees payable under 81 paragraph (1) shall be determined as the sum of the amounts calculated for each 
person other than the State jointly owning the patent right by multiplying the applicable patent fees as provided in paragraph (1) (in the case of a person receiving a reduction/exemption, the amo unt after the said reduction/exemption) 
by the ratio of the share of each person other than the State jointly owning the patent right, and, the persons other than the State shall pay such sum. 
(4) For the amount of patent fees calc ulated under the preceding paragraph, 
fractional figures of less than ten yen shall be discarded. 
(5) The payment of patent fees under paragr aph (1) shall be made by patent revenue 
stamps as provided by Ordinance of the Mi nistry of Economy, Trade and Industry; 
provided, however, that where so provid ed by Ordinance of the Ministry of 
Economy, Trade and Industry, a cash payment thereof shall be accepted. 
 (Time limit for payment of patent fees) 
Article 108  (1) The patent fees for each ye ar from the first to the third year under 
Article 107(1) shall be paid in a lump sum within 30 days from the date on which a certified copy of the examiner's decision or the trial decision to the effect that the 
patent is to be granted has been served. 
(2) The patent fees for each year from th e fourth and subsequent years under Article 
107(1) shall be paid by the end of the prev ious year; provided, however, that where 
the date on which a certified copy of the examiner's decision or the trial decision to the effect that the extension of the duration  of the patent right is to be registered 
is served (hereinafter referred to in this  paragraph as the "certified copy service 
date") is on or after the thirtieth day before the end of the year in which the 
duration of the patent right would have expired if the said extension of duration had not been registered, the patent fees fo r each year from the year following that 
year to the year in which the certified copy  service date falls (or, in the case where 
a period 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 service date falls) shall be paid in a lump sum within 30 days from the certified copy service date. 
(3) The Commissioner of the Patent Office may, upon a request by a person by whom 
the patent fees are to be paid, extend the time limit under paragraph (1) by a period not exceeding 30 days. 
(4) Where, due to reasons beyond the control of a person who pays patent fees, the 
person is unable to pay the patent fees within the time limit (where the time limit 82 has been extended under the preceding pa ragraph, the time limit after extended) 
as provided in paragraph (1), the person may, notwithstanding paragraph (1), pay the patent fees within 14 days (where ov erseas resident, within two months) from 
the date on which the reasons ceased to be applicable, but not later than six months following the expiration of the said time limit. 
 
(Reduction, exemption or deferment of patent fees) 
Article 109  Where the Commissioner of the Pa tent Office recognizes that a person 
who receives the registration of establishm ent of a patent right or a patentee, who 
meets the requirements of Cabinet Order to be recognized as a person with 
insufficient funds, has difficulties paying the patent fees, the Commissioner of the Patent Office may, pursuant to the provis ions of Cabinet Order, grant the person 
a reduction of, exemption from or deferment of the payment of the patent fees for each year from the first to the tenth year under Article 107(1): 
 Article 109-2 (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 considering matters incl uding the person's financial resources, 
ability to carry out research and develo pment and technology development, and 
degree of contribution to the development of  industry, such as a small and medium-
sized enterprise operator and an experi ment and research institute, etc., a 
reduction of, exemption from, or deferment of the payment of the patent fees for each year from the first to the tenth years under 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 ye n 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 following 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 ye n or a company or individual hiring 
not more than 100 full-time employees, where the principal business thereof is wholesale business (excluding the type of business specified by Cabinet Order 83 under item (v)); 
(iii) a company having an amount of stated capital or total amount of capital 
contributions of not more than 50 million ye n 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 ye n or a company or individual hiring 
not more than 50 full-time employees, wh ere 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 numbe r 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 Cabinet Order; 
(vi) an enterprise cooperative; (vii) a cooperative partnership; (viii) an association incorporated under sp ecial laws and a federation of such 
associations, such as a business coop erative, small business cooperative, 
commercial and industrial partnership, and federation of cooperatives; and 
(ix) a corporation engaging in specified no n-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 Activi ties (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 re tail business as the principal business; or 
not more than 100 full-time employees in the case of a corporation engaging in the wholesale business or service business as the principal business). 
(3) The term "experiment and research institute, 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 A rticle 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 84 (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 en gages in research, or the head or an 
employee of an inter-university research in stitute 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 item), who exclusively engages in research; 
(ii) a person that establishes a universi ty 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 Universities 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 it em), which is specified by Cabinet Order 
as not being one that establishes a college of technology; 
(v) a person that engages in the business wh erein, 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 ri ght or right to obtain a patent through 
assignment from the specified expe riment and research incorporated 
administrative agency relating to the re search results, and then transfers the 
research results to a private business seekin g 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 inst itute (meaning an organization such as a 
laboratory and research institute establis hed by a local government (excluding a 
public school provided in Article 2(2) of  the School Education Act), which carries 
out experiment and research activities; and 
(vii) an experiment and research local inco rporated administrative agency (meaning 
a local incorporated administrative ag ency (meaning a local administrative 
incorporated agency provided in Arti cle 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 pr ovided in Article 68(1) of the said Act 85 and which carries out experiment  and research activities). 
 
(Payment of patent fees by any person other than a person by whom the patent 
fees are to be paid) 
Article 110  (1) An interested person and  other person than a person by whom the 
patent fees are to be paid may pay the patent fees even against the will of the person by whom the patent fees are to be paid. 
(2) The person who has paid the patent fees under the preceding paragraph may 
request the reimbursement of the expenses arising therefrom to the extent of the 
actual benefit obtained by the person by whom the patent fees were to be paid. 
 
(Refund of patent fees) 
Article 111  (1) The following patent fees shall be refunded upon the request of the 
person that paid them: 
(i) patent fees paid in error or in excess; (ii) patent fees for each year following the year in which a revocation decision 
under Article 114(2) or a trial decision to  the effect that the patent is to be 
invalidated has become final and binding; and 
(iii) patent fees for the year following the year in which a trial decision to the effect 
that the registration of extension of the duration of a patent right is to be invalidated became final and binding, and subsequent years (limited to those for the year following the year in which th e duration of a patent right would have 
expired if the said extension of duration had not been registered, and subsequent years). 
(2) A request for refund of patent fees under the preceding paragraph may not be 
filed after one year from the date of paymen t in the case of patent fees under item 
(i) above, or after six months from the date on which a revocation decision under Article 114(2) or a trial decision became final  and binding in the case of patent fees 
under items (ii) and (iii) above. 
(3) Where, due to reasons beyond the control of a person who files a request for refund 
of patent fees, the person is unable to file the request within the time limit as provided in paragraph (1), the person may, notwithstanding the said paragraph, file the request within 14 days (where ov erseas resident, within two months) from 
the date on which the reasons ceased to be applicable, but not later than six months following the expiration of the said time limit. 
 86 (Late payment of patent fees) 
Article 112  (1) Where a patentee is unable to pay the patent fees within the time 
limit under Article 108(2) or the time limit for deferred payment under Article 109 or Article 109-2, the patentee may make a late payment of the patent fees after the expiration of the said time limit, but not later than 6 months following the expiration of the said time limit. 
(2) The patentee who makes a late payment of the patent fees under the preceding 
paragraph shall pay, in addition to the patent fees to be paid under Article 107(1), a patent surcharge in the same amount as the patent fees. 
(3) The payment of the patent surcharge under the preceding paragraph shall be 
made by patent revenue stamps as prov ided by Ordinance of the Ministry of 
Economy, Trade and Industry; provided, however, that where so provided by 
Ordinance of the Ministry of Economy, Trade and Industry, a cash payment thereof shall be accepted. 
(4) Where a patentee fails to pay, within the time limit for late payment of the patent 
fees under paragraph (1), the patent fees that were due and payable within the time limit as provided in the main clause of Article 108(2) and the patent surcharge under paragraph (2), the patent right shall be deemed to have been extinguished retroactively upon expiration  of the time limit as provided in the 
main clause of Article 108(2). 
(5) Where a patentee fails to pay, within the time limit for late payment of the patent 
fees under paragraph (1), the patent fees  as provided in the proviso to Article 
108(2) and the surcharge under paragraph (2), the patent right shall be deemed to have been extinguished retroactively upon the lapse of the year in which the duration of the patent right would have expired if the said extension of the 
duration had not been registered. 
(6) Where a patentee fails to pay, within the time limit for late payment of the patent 
fees under paragraph (1), the patent fees for which the deferment was granted under Article 109 or Article 109-2 and the patent surcharge under paragraph (2), 
the patent right shall be deemed never to have existed. 
 
(Restoration of patent right by late payment of patent fees) 
Article 112-2  (1) Where an original patentee of the patent right which was deemed 
to have been extinguished under Articl e 112(4) or 112(5), or which was deemed 
never to have existed under Article 112(6) , has justifiable reasons for having been 
unable to pay the patent fees and the patent surcharge under paragraphs (4) to (6) 87 of Article 112 within the time limit for late payment of the patent fees under 
Article 112(1), the original patentee may make a late payment of the patent fees and the surcharge only within the time limit as provided in Ordinance of the Ministry of Economy, Trade and Industry. 
(2) Where the patent fees and the surcharge  are paid under the preceding paragraph, 
the patent right shall be deemed to have been maintained retroactively from the time of expiration of the time limit as provided in the main clause of Article 108(2) or the lapse of the year in which the day of the expiration of the duration of the patent right falls or existed from the beginning. 
 
(Restriction on effect of restored patent right) 
Article 112-3  (1) Where a patent right has been restored under paragraph (2) of the 
preceding Article, where the patent has been  granted for the invention of a product, 
such patent right shall not be effective  against the product which was imported 
into, produced or acquired within Japan af ter the lapse of the time limit during 
which the late payment of the patent fees is allowed under Article 112(1) but before 
the registration of the restoration of the patent right. 
(2) A restored patent right under paragraph (2) of the preceding Article shall not be 
effective against the following acts cond ucted after the lapse of the time limit 
during which the late payment of the pate nt fees is allowed under Article 112(1) 
but before the registration of the restoration of the patent right: 
(i) the working of the said invention; (ii) where a patent has been granted for an invention of a product, producing, 
assigning, etc., importing or offering fo r assignment, etc. of any product to be 
used for producing of the said product; and 
(iii) where a patent has been granted for an invention of a product, possessing the 
said product for the purpose of assigning, etc. or exporting it; 
(iv) where a patent has been granted for an invention of a process, producing, 
assigning, etc., importing or offering fo r assignment, etc. of any product to be 
used for the use of the said process; and 
(v) where a patent has been granted for an invention of a process of producing a 
product, possessing the product produced by the said process for the purpose of 
assigning, etc. or exporting it. 
 
Chapter V Opposition to a granted pa tent (Article 113 to Article 120-8) 
 88 (Opposition to a granted patent) 
Article 113  Any person may file to the Commissioner of the Patent Office an 
opposition to a granted patent on the gro und that a patent falls under any of the 
following items. In the event that a pate nt has two or more claims, an opposition 
to a granted patent may be filed for each claim.  
(i) where the patent has been granted on a patent application (excluding a foreign-
language-written-application) with an am endment that does not comply with 
the requirements as provided in Article 17-2(3); 
(ii) where the patent has been granted in violation of Articles 25, 29, 29-2, 32, or 
39(1) to 39(4);  
(iii) where the patent has been granted in violation of a treaty; (iv) where the patent has been granted on  a patent application not complying with 
the requirements as provided in Article 36(4)(i) or 36(6) (excluding 36(6)(iv)); 
and 
(v) where matters stated in the description, scope of claims or drawings attached 
to the foreign-language-written-applicatio n 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 shall 
be conducted by a panel consisting of three or five administrative judges. 
 (2) An administrative judge shall make a ruli ng that a patent related to an opposition 
to a granted patent is to be revoked (h ereinafter, referred to  as a "revocation 
decision") if the administrative judge reco gnizes that the patent falls under any of 
items of the preceding Article. 
(3) Where a revocation decision has become final and binding, the patent right shall 
be deemed never to have existed. 
(4) An administrative judge shall make a ruli ng that a patent related to an opposition 
to a granted patent is to be maintained  if the administrative judge does not 
recognize that the patent falls under any of items of the preceding Article. 
(5) No appeal may be made against a ruling under the preceding paragraph.  
(Formal requirements, etc. for filing) 
Article 115  (1) A person who files an opposition to a granted patent shall submit to 
the Commissioner of the Patent Office a statement of opposition to a granted 89 patent stating the following matters: 
(i) the name, and domicile or residence of the patent opponent and his/her 
representative; 
(ii) the mark of a patent related to an opposition to a granted patent; and 
(iii) the identification of the grounds and  the necessary evidence for an opposition 
to a granted patent. 
(2) An amendment of the statement of opposi tion to a granted patent filed under the 
preceding paragraph shall not change the gist  thereof; provided, however, that this 
shall not apply where the said amendment falls under any of the matters provided in item (iii) of the preceding paragraph and is made until an earlier date between 
the date on which the time limit under Article 113 expires and the date on which a notice under Article 120-5(1) is received. 
(3) The chief administrative judge shall deliver a copy of the statement of opposition 
to a granted patent to the patentee. 
(4) Article 123(4) shall apply mutatis mutandis to the case where an opposition to a 
granted patent is filed. 
 
(Designation of administrative judges, etc.) 
Article 116  Articles 136(2) and 137 to 144 shall apply mutatis mutandis to a panel 
and administrative judges who are the members of the panel. 
 
(Trial clerk) 
Article 117  (1) The Commissioner of the Patent Office shall designate the trial clerk 
for each case of an opposition to a granted patent. 
(2) Paragraphs (3) to (5) in Article 144-2 shall apply mutatis mutandis to the trial 
clerk of the preceding paragraph. 
 
(Procedure of Proceedings, etc.) 
Article 118  (1) The proceedings with regard  to an opposition to a granted patent 
shall be conducted by documentary proceedings. 
(2) Where there is a ground for suspensi on or termination of procedures of 
proceedings and a ruling on an opposition to a granted patent, on one of the patentees of a jointly owned patent right, the said suspension or termination shall 
have effect on all of the joint owners. 
 
(Intervention) 90 Article 119  (1) A person who has a right on a patent right and all other persons 
with an interest in 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) Articles 148(4) and (5) and 149 shall apply mutatis mutandis to the intervenors 
under the preceding paragraph. 
 
(Examination and preservation of evidence) 
Article 120  Articles 150 and 151 shall apply mutatis mutandis to the examination 
and preservation of evidence in the pr oceedings on an opposition to a granted 
patent. 
 
(Ex officio proceedings) 
Article 120-2  (1) Any grounds not pleaded by the patentee or the patent opponent 
or the intervenor may be examined in proceedings on an opposition to a granted patent. 
(2) Any claim to which an opposition to a granted patent is not filed may not be 
examined in the proceedings on an opposition to a granted patent. 
 
(Joint or separate conduct of motions) 
Article 120-3  (1) Where there are two or more motions of an opposition to a granted 
patent related to the same patent right, the proceedings shall be jointly conducted 
except for a case where special circumstances exist. 
(2) Proceedings that have been jointly co nducted under the preceding paragraph may 
later be separately conducted. 
 
(Withdrawal of a motion) 
Article 120-4  (1) An opposition to a grante d patent may not be withdrawn, after the 
notice under paragraph (1) of the next Article has been given. 
(2) Article 155(3) shall apply mutatis mutandis  to the withdrawal of an opposition to 
a granted patent. 
 
(Submission of a written opinion, etc.) 
Article 120-5  (1) Where the chief administrative judge intends to render a 
revocation decision, the chief administra tive judge shall notify the patentee and 
the intervenors of the reasons therefor and give them an opportunity to submit a 91 written opinion, designating an adequate time limit for such purpose. 
(2) The patentee may file a request for a correction of the description, scope of claims 
or drawing(s) attached to the application only within the time limit designated in 
accordance with the preceding paragraph; provided, however, that such correction 
shall be limited to the following purposes: 
(i) restriction of the scope of claims; (ii) correction of errors in the descri ption or of incorrect translations; and 
(iii) clarification of an ambiguous description;  (iv) correction of a statement of claims which cites another statement of claims to 
a statement of claims which does not cite the said other statement of claims. 
(3) Where the scope of claims attached to th e application covering two or more claims 
is corrected, a request for correction may be filed in the preceding paragraph for 
each claim; provided, however, where an opposition to a granted patent has been filed for each claim, a request for corre ction shall be filed for each claim. 
(4) In the case of the preceding paragraph, where there is a group of claims which 
has the relationship in which the statement of one claim is cited by another claim or any other relationship as provided by  Ordinance of Ministry of the Economy, 
Trade and Industry (hereinafter referred to as  "group of claims"), in the said claims, 
the said request shall be filed for each group of claims. 
(5) Where a request for correction has been filed under paragraph (2) within a time 
limit designated under paragraph (1), the chief administrative judge shall serve to the patent opponent a copy of a document stating the reasons for revoking a patent 
notified under paragraph (1) and the wri tten request for correction as well as the 
corrected description, scope of claims or dr awings attached to the request and give 
the said applicant an opportunity to subm it a written opinion, designating an 
adequate time limit for such purpose; pr ovided, however, this shall not apply 
where the opponent offers not to submit a written opinion or special circumstances 
exist under which it is recognized that giving an opportunity to the opponent to 
submit a written opinion is not required. 
(6) Where a request for correction under para graph (2) does not correspond to one of 
the purposes provided in the proviso to th e said paragraph or does not comply with 
paragraphs (5) to (7) of Article 126 to be  applied mutatis mutandis in paragraph 
(9), the chief administrative judge shall notify the patentee and intervenors of the reasons therefore and give them an oppo rtunity to submit a written opinion, 
designating an adequate time limit. 
(7) Where a request for correction under pa ragraph (2) is made, if another request 92 for correction has been previously made in  the said case of an opposition to a 
granted patent, such previous request shall be deemed to have been withdrawn. 
(8) The request for correction in paragrap h (2) may be withdrawn only within the 
time limit during which the amendment under Article 17-5(1) may be made with regard to the corrected description, scope of claims or drawings attached to the 
written request for correction in the said paragraph. In this case, where requests 
for correction in paragraph (2) have been filed for each claim or each group of 
claims under paragraph (3) or (4), all those requests shall be withdrawn. 
(9) Articles 126(4) to (7), 127, 128, 131(1), (3) and (4), 131-2(1), 132(3) and (4), and 
133(1), (3) and (4) shall 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(7) shall be deemed to be replaced with "item (i) or (ii) of the proviso to paragraph (1) 
pertaining to a claim or claims for which an opposition to a granted patent is not 
filed." 
 
(Formal requirements of ruling) 
Article 120-6  (1) A ruling on motion of an opposition to a granted patent shall be 
rendered in writing stating the following matters: 
(i) the number of a case of an opposition to a granted patent; (ii) the name, and domicile or residence of each of the patentee, the patent 
opponent, intervenor(s) and  their representatives; 
(iii) the mark of the patent related to the ruling; (iv) the conclusion of and reasons for the ruling; and (v) the date of the ruling. 
 (3) Where a ruling has been rendered, the Commissioner of the Patent Office shall 
serve a certified copy of the ruling to  the patentee, the patent opponent, 
intervenor(s) and person whose application for intervention has been refused. 
 
(Scope of final and binding ruling) 
Article 120-7  Ruling on an opposition to a granted patent shall become final and 
binding for each case of an opposition to a granted patent; provided, however, that, 
in the cases listed in the following items, ruling shall become final and binding as provided in the corresponding item: 
(i) where an opposition to a granted pate nt has been filed for each claim and a 
request for correction has been filed und er Article 120-5(2) for each group of 93 claims: for the said group of claims; and 
(ii) where an opposition to a granted pate nt has been filed for each claim and a 
case other than those listed in the preceding item: for the said claim 
 (Application mutatis mutandis of provisions regarding trial, etc.) 
Article 120-8  (1) Articles 133, 133-2, 134(4), 135, 152, 168, 169(3) to (6), and 170 
shall apply mutatis mutandis to proceedings and a ruling on an opposition to a granted patent 
(2) Article 114-5 shall apply mutatis mutandis to a ruling under Article 135 as 
applied mutatis mutandis under the preceding paragraph. 
 
Chapter VI Trials and Appeals (Article 121 to Article 170) 
 
(Appeals against examiner's decision of refusal) 
Article 121  (1) A person who has received an examiner's decision to the effect that 
an application is to be refused and is dissatisfied may file appeals against the 
examiner's decision of refusal within three months from the date the certified copy of the examiner's decision has been served. 
(2) Where, due to reasons beyond the control of the person, the said person is unable 
to file appeals against the examiner's deci sion of refusal within the time limit as 
provided in the preceding paragraph, th e said person may, notwithstanding the 
said paragraph, file the request within 14 days (where overseas resident, within 
two months) from the date on which the reasons ceased to be applicable, but not later than six months following the expiration of the said time limit. 
 Article 122  Deleted  
(Invalidation Trial) 
Article 123  (1) Where a patent falls under any of the following, a request for 
invalidation trial may be filed. In the ev ent of two or more claims, a request for 
invalidation trial may be filed for each claim. 
(i) where the patent has been granted on a patent application (excluding a foreign-
language-written-application) with an am endment that does not comply with 
the requirements as provided in Article 17-2(3); 
(ii) where the patent has been granted in violation of Articles 25, 29, 29-2, 32, 38 
or 39(1) to 39(4); (where the patent has been obtained in violation of Article 38, 94 excluding the case where the transfer of a patent right pertaining to the patent 
has been registered based on the request under Article 74(1)); 
(iii) where the patent has been granted in violation of a treaty; (iv) where the patent has been granted on  a patent application not complying with 
the requirements as provided in Article 36(4)(i) or 36(6) (excluding 36(6)(iv)); 
(v) where matters stated in the description, scope of claims or drawings attached 
to the foreign-language-written-applicatio n are not within the scope of matters 
stated in foreign-language-documents; 
(vi) where the patent has been granted on a patent application filed by a person 
who has not had the right to obtain a patent for the said invention; (excluding the case where the transfer of a patent right pertaining to the patent has been 
registered based on the request under Article 74(1)); 
(vii) where, after the grant of a patent, the patentee has become unable to hold a 
patent right under Article 25, or the pate nt has become in violation of a treaty; 
and 
(viii) where the correction of the description,  scope of claims or drawings attached 
to the application for the patent has been obtained in violation of the proviso to Article 126(1), Article 126(5) to (7) (inc luding its application mutatis mutandis 
under Article 120-5(9) or Article 134-2(9)), the proviso to Article 120-5(2) or the proviso to Article 134-2(1). 
(2) A request for invalidation trial may be filed only by an interested person (in a 
case where a request for invalidation trial is filed on the ground that the patent 
falls under item (ii) of the preceding para graph (limited to cases where the patent 
is obtained in violation of Article 38) or item (vi) of the said paragraph; a person 
who has the right to obtain the patent). 
(3) A request for invalidation trial may be filed even after the lapse of the patent 
right. 
(4) Where a request for invalidation trial has been filed, the chief administrative 
judge shall notify the exclusive licensee of the patent right and other persons who have any registered rights relating to the patent. 
 Article 124  Deleted  Article 125  Where a trial decision to the effe ct that a patent is to be invalidated has 
become final and binding, the patent right shall be deemed never to have existed; 
provided, however, that where a patent falls under Article 123(1)(vii) and where a 95 trial decision to the effect that the patent is to be invalidated has become final and 
binding, the patent shall be deemed not to have existed from the time the said item first became applicable to the patent. 
 
(Invalidation trial of a registra tion of extension of duration) 
Article 125-2  (1) A request for invalidation tri al 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 registra tion 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 by an interested person.
 
(3) Article 123(3) and (4) shall apply mutati s 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 Article 
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, howe ver, 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 exte nsion under Article 67(4) is filed within 
the period of the extension for the dura tion 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. 96 (6) Where the registration of extension under Article 67-7(3) is made in response to 
an application to register an extension und er Article 67(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 th e period for which the extension 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 th e said registration of extension shall be 
deemed never to have been made.  
Article 125- ３  (1) A request for invalidation 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 where 
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 exclusive license e or a non-exclusive licensee of the 
patent right did not receive the disposit ion as provided in Cabinet Order under 
Article 67(4); 
(iii) where the duration extended by th e registration of extension exceeds the 
period during which the patent ed 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 regi stration 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, howe ver, that where the registration of 
extension falls under paragraph (1)(iii) and a trial decision to the effect that the 97 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 trial) 
Article 126  (1) The patentee may file a requ est for correction trial with regard to 
the correction of the description, scope of claims or drawings attached to the application; provided, however, that su ch correction shall be limited to the 
following: 
(i) restriction of the scope of claims; (ii) correction of errors or incorrect translations; and (iii) clarification of an ambiguous statement. (iv) correction of a statement of claims which cites another statement of claims to 
a statement of claims which does not cite the said other statement of claims. 
(2) A request for correction trial may not be filed from  the time the relevant 
opposition to a granted patent or invalid ation trial has become pending before the 
Patent Office to the time the ruling on the opposition or the trial decision has 
become final and binding (all the rulings on  the opposition or trial decisions in 
the case where a request has been filed for each claim). 
(3) Where the scope of claims attached to th e application covering two or more claims 
is corrected, a request may be filed pursuant  to paragraph (1) for each claim. In 
this case, where there is a group of claims , said request shall be filed for the said 
each group of claims. 
(4) Where the description or drawings attached to the application is corrected and a 
request is filed for each claim pursuant to paragraph (1), the request shall be filed 
for all claims pertaining to the correction of  the said description or drawings (in 
the case where a request under paragraph (1) is filed for each group of claims pursuant to the latter clause of the preceding paragraph, all groups of claims including claims pertaining to the correction of the said description or drawings). 
(5) The correction of the description, scop e of claims or drawings under paragraph 
(1) above shall remain within the scope of the matters disclosed in the description, scope of claims, or drawings attached to the application (in the case of correction 
for the purposes provided in item (ii) of the proviso to paragraph (1), the description, scope of claims and drawings originally attached to the application (in 
the case of a patent with regard to a fo reign-language-written- application, foreign-98 language-documents)). 
(6) The correction of the description, scop e of claims or drawings under paragraph 
(1) shall not substantially enlarge or alter the scope of claims. 
(7) In the case of correction for any of the purposes as provided in item (i) or (ii) of 
the proviso to paragraph (1), an invention constituted by the matters described in 
the corrected scope of claims must be one which could have been patented independently at the time of filing of the patent application. 
(8) A request for correction trial  may be filed even after the lapse of the patent right; 
provided, however, that this shall not ap ply after the patent has been revoked in 
revocation decision or invalidated in invalidation trial. 
 Article 127  Where there is a non-exclusiv e licensee under Article 35(1), 77(4) or 
78(1), an exclusive licensee, or a pledgee,  the patentee may file a request for a 
correction trial only with the consent of the said person. 
 Article 128  Where a trial decision to the effe ct that the description, scope of claims 
or drawings attached to the application is to be corrected, has become final and 
binding, the filing of the patent application, the laying open of the patent application, the examiner's decision or the trial decision to the effect that the 
patent is to be granted, or the registration  of the establishment of the patent right, 
shall be deemed to have been made based on the corrected description, scope of claims or drawings. 
 Articles 129 and 130  Deleted  
(Formal requirements of appeal/request for trial) 
Article 131  (1) A person filing appeal/request for trial shall submit a written 
request stating the following to the Commissioner of the Patent Office: 
(i) the name, and the domicile or residence of the party and the representative 
thereof; 
(ii) the identification of the appeal/trial case; and (iii) object and statement of the claim. 
(2) When a request for invalidation trial is filed, the facts on which the invalidation 
of the patent is based shall be specified in  concrete terms, and the relationship of 
each fact that is required to be proved wi th the relevant evidence shall be stated 
in the grounds for the request as provided in item (iii) of the preceding paragraph. 99 (3) Where a request for correction trial is filed, the object and statement of the claim 
listed in paragraph (1) item (iii) shall be  stated as provided by Ordinance of the 
Ministry of Economy, Trade and Industry. 
(4) Where a request for correction trial is filed, the corrected description, scope of 
claims or drawings shall be attached to the written request. 
 
(Amendment of appeal/request for trial) 
Article 131-2  (1) An amendment of the written request filed under paragraph (1) of 
the preceding Article shall not change the gist thereof; provided, however, that 
this shall not apply where the said amendment falls under any of the following items: 
(i) where the amendment is made with respect to the ground for the request as 
provided in paragraph (1) item (iii) of the preceding Article in the course of filling 
a request for a trial other than invalidation trial; 
(ii) where the amendment is made in the event that approval is granted by the 
chief administrative judge under the following paragraph; and 
(iii) where an amendment is made with regard to a matter ordered, in the case 
where it is ordered to make the amendment with regard to the said written request pursuant to Article 133(1) (including cases where it is applied mutatis mutandis in Article 120-5(9) and Article 134-2(9)). 
(2) In the course of filing a request for invalidation trial, where an amendment of the 
grounds for the request as provided in pa ragraph (1), item (iii) of the preceding 
Article changes the gist thereof, the chief administrative judge may make a ruling approving such amendment if the chief admi nistrative judge recognizes that there 
is no possibility of unreasonable delay of the proceedings by such amendment and any of the following facts exists: 
(i) a request for correction under Article 134-2(1) has been filed in the said 
invalidation trial and such request for co rrection has given rise to a need for 
amendment of the grounds for the request; and 
(ii) other than the case as provided in the preceding paragraph there exist 
reasonable grounds for not stating the gr ounds for the request with regard to 
the amendment of the request at the time the request for trial was filed, and the demandee has agreed to such amendment. 
(3) The approval of the amendment as provided in the preceding paragraph may not 
be granted if the written amendment of proceedings with regard to the said 
amendment is submitted prior to the servic e of a copy of the written request under 100 Article 134(1). 
(4) No appeal may be made against a ruling under paragraph (2) or inaction thereof.  
(Joint trial) 
Article 132  (1) Where two or more persons file a request for invalidation trial or a 
trial for invalidation of the registration of extension of duration concerning the 
same patent right, the request may be filed jointly. 
(2) Where a request for trial is filed agains t patentees jointly owning a patent right, 
the demandees in the said request shall be all the joint owners of the said patent right. 
(3) Where appeal/request for trial is filed by  a joint owner or owners of a patent right 
or a right to obtain a patent, with regard to the right under joint ownership, all of 
the said joint owners shall jointly file the request. 
(4) Where there is a ground for suspension or termination of appeal/trial procedures 
on any of the demandants of appeal/request  for trial under paragraph (1) or (3) or 
any of the demandees of appeal/request for trial under paragraph (2), the said suspension or termination shall have effect on all of the demandants or demandees. 
 
(Dismissal by ruling in the case of no n-compliance with formal requirements) 
Article 133  (1) Where a written request does  not comply with Article 131, the chief 
administrative judge shall order the de mandant to amend the written request, 
designating an adequate time limit. 
(2) Excluding the case as provided in the preceding paragraph, the chief 
administrative judge may order the demandant to amend a procedure pertaining to the trial, designating an adequate time limit, in any of the following cases: 
(i) where the procedure does not comply with  paragraphs (1) to (3) of Article 7 or 
Article 9; 
(ii) where the procedure does not comply with formal requirements as provided in 
this Act or an order thereunder; and 
(iii) where the fees for a procedure pay able under Articles 195(1) or 195(2) have 
not been paid; 
(3) The chief administrative judge may dismiss the procedure by a ruling where a 
person ordered to make an amendment to a procedure pertaining to appeal/trial 
cases to make such amendment within the time limit designated under the preceding two paragraphs or where such am endment is made in violation of Article 
131-2(1). 101 (4) The ruling under the preceding paragrap h shall be made in writing and state the 
grounds thereof. 
 
(Dismissal of unlawful procedures) 
Article 133-2  (1) In the procedures perta ining to appeal/trial case (excluding 
appeal/request for trial), the chief admini strative judge may, by a ruling, dismiss 
procedures that are unlawful and not amendable. 
(2) Where the chief administrative judge intends to dismiss a procedure under the 
preceding paragraph, he/she shall notify the person who undertook the procedures 
of the reasons therefor, and give the said person an opportunity to submit a statement of explanation, desig nating an adequate time limit. 
(3) The ruling under this paragraph (1) shall be in writing and state the grounds 
therefor. 
 
(Submission of a written answer, etc.) 
Article 134  (1) Where appeal/request for trial has been filed, the chief 
administrative judge shall serve a copy of the written request to the demandee and give the demandee an opportunity to s ubmit a written answer, designating an 
adequate time limit. 
(2) When the chief administrative judge approves the correction of the written 
request under Article 131-2(2), the chief admi nistrative judge shall serve a copy of 
the statement of the amendment of proceedings with regard to such amendment to the demandee, and shall give the dem andee an opportunity to submit a written 
answer, designating an adequate time limit; provided, however, that this shall not 
apply where special circumstances exist under  which it is recognized that giving 
an opportunity to the demandee to subm it a written answer is not required. 
(3) Upon receipt thereof, the chief adminis trative judge shall serve to the demandant 
a copy of the written answer under paragraph (1) or the main clause of the preceding paragraph. 
(4) The chief administrative judge may question the parties and the intervenors with 
regard to the appeal and trial. 
 
(Request for correction in invalidation trial) 
Article 134-2  (1) The demandee in invalidation trial may file a request for a 
correction of the description, scope of claims or drawing(s) attached to the application only within the time limit desi gnated in accordance with paragraph (1) 102 or (2) of the preceding Article, the following Article, Article 153(2) or Article 164-
2(2); provided, however, that such corre ction shall be limited to the following 
purposes: 
(i) restriction of the scope of claims; (ii) correction of errors in the descri ption or of incorrect translations; and 
(iii) clarification of an ambiguous description. (iv) correction of a statement of claims which cites another statement of claims to 
a statement of claims which does not cite the said other statement of claims. 
(2) A request for correction in the precedin g paragraph may be filed for each claim 
in the case where the scope of claims attached to the application covering two or more claims is corrected; provided, howeve r, that a request for correction in the 
said paragraph shall be filed for each claim in the case where a request for invalidation trial has been filed for each claim. 
(3) In the case of the preceding paragraph, where there is a group of claims in the 
said claims, the said request shall be filed for each group of claims. 
(4) Upon receipt thereof, the chief adminis trative judge shall serve to the demandant 
a copy of the written request for correcti on as well as the corrected description, 
scope of claims or drawings attached to the request under paragraph (1). 
(5) The administrative judge may examine grounds that have not been pleaded by 
the party in the case or an intervenor in determining whether the request for correction under paragraph (1) is not for any of the purposes provided in the items of the proviso to the said paragraph, or does not conform the provisions of paragraphs (5) to (7) of Article 126 that shall be applied mutatis mutandis upon reading the specified terms in accordance with paragraph (9). In such a case, where the request for correction on the above grounds is not approved of, the chief administrative judge shall notify the parties in the case and the intervenors of the result of the proceedings and shall give th em an opportunity to state their opinions, 
designating an adequate time limit. 
(6) Where a request for correction under pa ragraph (1) is made, if another request 
for correction has been previously made in  the said trial, such previous request 
shall be deemed to have been withdrawn. 
(7) The request for correction in paragrap h (1) may be withdrawn only within the 
time limit during which the amendment under Article 17-5(2) may be made with regard to the corrected description, scope of claims or drawings attached to the 
written request for correction in the said paragraph. In this case, where requests 
for correction have been filed for each clai m or each group of claims pursuant to 103 paragraph (2) or (3), all those requests shall be withdrawn. 
(8) Where a request for invalidation trial has been withdrawn for each claim 
pursuant to Article 155(3), the request for correction in paragraph (1) shall be deemed to have been withdrawn for each claim, and where all requests pertaining to the trial case of the invalidation trial have been withdrawn, all the requests for correction in the said paragraph pertaining to the said trial case shall be deemed to have been withdrawn. 
(9) Articles 126(4) to (8), 127, 128, 131(1), (3) and (4), 131-2(1),132(3) and (4), and 
133(1), (3) and (4) shall apply mutatis mutandis to the case of paragraph (1). In this case, the term "item (i) or (ii) of the proviso to paragraph (1)" in Article 126(7) shall be deemed to be replaced with "item (i) or (ii) of the proviso to paragraph (1) 
pertaining to a claim or claims for which a request for invalidation trial is not 
filed." 
 
(Request for correction where resc ission judgment is rendered) 
Article 134-3  Where a judgment rescinding a trial decision in a trial for patent 
invalidation (limited to a trial decision co ncluding that the request for a trial is 
groundless) under Article 181(1) has beco me final and binding, and following 
which proceedings are initiated under paragr aph (2) of the said Article, the chief 
administrative judge may designate to the demandee an adequate time limit for filing a request for correction of the description, scope of claim(s) or drawing(s) attached to the application, only if such motion is made by the demandee within one week from the date such judgment became final and binding. 
 
(Dismissal of inadequate appeal/request  for trial by appeal/trial decision) 
Article 135  An unlawful appeal/request fo r trial, that is not amendable, may be 
dismissed by appeal/trial decision withou t giving the demandee an opportunity to 
submit a written answer. 
 
(Panel system for trial) 
Article 136  (1) A trial shall be conducted by a panel consisting of three or five 
administrative judges. 
(2) A decision of the panel under the preceding paragraph shall be made by a 
majority vote. 
(3) Qualifications of administrative judges  shall be as provided by Cabinet Order. 
 104 (Designation of administrative judges) 
Article 137  (1) The Commissioner of the Patent Office shall designate the 
administrative judges constituting a panel under Article 136(1) for each 
appeal/trial (for appeal/trial that is to be examined by an examiner under Article 
162, limited to the case where a report is submitted under Article 164(3)). 
(2) Where any of the administrative ju dges designated under the preceding 
paragraph is unable to participate in the appeal/trial, the Commissioner of the 
Patent Office shall terminate the desig nation and appoint another administrative 
judge to fill the vacancy. 
 (Chief administrative judge) Article 138  (1) The Commissioner of the Patent Office shall designate one of the 
administrative judges designated under pa ragraph (1) of the preceding Article as 
the chief administrative judge. 
(2) The chief administrative judge shall pr eside over matters relating to the trial. 
 
(Exclusion of administrative judges) 
Article 139  A administrative judge shall be excluded from performing his/her 
duties in any of the following cases: 
(i) where the administrative judge or his/he r spouse or former spouse is or was a 
party in 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 third degree of kinship or a 
relative living together (as defined in th e 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 curator, 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) where the administrative judge has become a witness or an expert witness in 
the case; 
 (v) where the administrative judge is or was a representative of a party in the 
case or an intervenor or a patent opponent in the case; 
 (vi) where the administrative judge was in volved in the procedures relating to the 
examiner's decision who is being appealed in the case as the examiner; and 
(vii) where the administrative judge handling a case of an application to register 
an extension under Article 67(2) was involved, as the examiner, in the 105 examination of the patent application re garding the patent right connected to 
the case;  
(viii) where the administrative judge has a direct interest in the case. 
 Article 140  Where there exists any ground  for exclusion under Article 139, a party 
or an intervenor may file a motion requesting the exclusion. 
 
(Recusation to administrative judge) 
Article 141  (1) Where there exists any circumstances of an administrative judge 
that might hinder fair proceedings of the trial, a party or an intervenor may recuse the administrative judge. 
(2) A party or an intervenor may not recuse  an administrative judge after making a 
written or oral statement to the adminis trative judge with regard to the case; 
provided, however, that this shall not a pply where the party or the intervenor was 
not aware of the ground of the recusation or the ground of the recusation occurred 
after making such statement. 
 
(Formal requirements for a motion re questing exclusion or recusation) 
Article 142  (1) A person filing a motion requesting an exclusion or recusation shall 
submit a document to the Commissioner of  the Patent Office stating the grounds 
therefor; provided, however, that in the ca se of oral proceedings such request may 
be made orally. 
(2) The grounds for the exclusion or recusation shall be showed of a prima facie 
within 3 days from the date the motion under the preceding paragraph has been filed. The same shall apply to the facts prescribed in the proviso to Article 141(2). 
 
(Ruling on motion requesting exclusion or recusation) 
Article 143  (1) Where a motion requesting an exclusion or recusation has been filed, 
administrative judges who are not the administrative judge named in the motion shall render a ruling thereon through a trial; provided, however, that the administrative judge named in the motion may present his opinion. 
(2) The ruling under the preceding paragrap h shall be made in writing and state the 
grounds therefor. 
(3) No appeal may be made against a ruling under paragraph (1) or inaction thereof.  Article 144  Where a motion requesting an exclusion or recusation has been filed, 106 the trial procedures shall be suspended until a ruling on the motion is rendered; 
provided, however, that this shall not a pply to the case requiring urgent action. 
 
(Trial Clerk) 
Article 144-2  (1) The Commissioner of the Patent Office shall designate the trial 
clerk for each trial case (in the case of a trial case for which a request is to be 
examined by the examiner in accordance with Article 162, limited to a trial case in which a report has been submitted under Article 164(3)). 
(2) Qualifications of trial clerks sh all be as provided by Cabinet Order 
(3) Where the trial clerk designated under paragraph (1) is unable to participate in 
the trial, the Commissioner of the Patent O ffice shall relieve the designated trial 
clerk and appoint another trial clerk. 
(4) The trial clerk shall undertake affairs relating to the preparation of the trial 
record and service for each trial case and, upon the order of the chief administrative judge, undertake any other affairs relating thereto. 
(5) Article 139 (excluding item (vi) and (vii)) and 140 to 144 shall apply mutatis 
mutandis to the trial clerk. In such a case, the trial clerk named in the motion requesting the exclusion or recusation may not participate in the trial with regard 
to the said exclusion or recusation. 
 
(Procedure of Proceedings) 
Article 145  (1) An invalidation trial or a trial for invalidation of the registration of 
extension of the duration of a patent shall be conducted by oral proceedings; provided, however, that the chief administrative judge may, upon a motion by a party or intervenor in the case, or ex officio decide to conduct the trial by 
documentary proceedings. 
(2) Trials, excluding those as provided in the preceding paragraph, shall be 
conducted by documentary proceedings; provided, however, that the chief administrative judge may, upon a motion by the party or ex officio, decide to conduct the trial by oral proceedings. 
(3) Where a trial is conducted by oral proc eedings under paragraph (1) or the proviso 
to the preceding paragraph, the chief administrative judge shall designate the date and place thereof and summon the parties and the intervenor on the designated date. 
(4) Article 94 (Summon on the designated da te) of the Code of Civil Procedure shall 
apply mutatis mutandis to a summon on the designated date as provided in the 107 preceding paragraph. 
(5) The oral proceedings under paragraph (1) or the proviso to paragraph (2) shall be 
conducted in public; provided, however, that this shall not apply where public 
order or morality is liable to be injured thereby. 
 Article 146  Article 154 (attendance of inte rpreter, etc.) of the Code of Civil 
Procedure shall apply mutatis mutandis to a trial. 
 
(Trial Records) 
Article 147  (1) In oral proceedings under paragraph (1) or the proviso to paragraph 
(2) of Article 145, the trial clerk shall prepare a trial record stating the gist of the proceedings and all other necessary matters on each trial date. 
(2) When the trial clerk finds that an order received from the chief administrative 
judge with regard to the preparation or amendment of the trial record under the preceding paragraph is inappropriate, the trial clerk may add his/her opinion. 
(3) Paragraphs (2) and (3) of Article 160(record of oral proceedings) shall apply 
mutatis mutandis to the trial record under paragraph (1). 
 
(Intervention) 
Article 148  (1) A person who may file a request for a trial under Article 132(1) may 
intervene in the trial as a demandant until the conclusion of the proceedings. 
(2) An intervenor under the preceding para graph may continue the trial procedures 
even after the withdrawal of the reque st for a trial by the original party. 
(3) A person with an interest in the result of the trial may intervene in the trial to 
assist one of the original parties until the conclusion of the proceedings. 
 (4) The intervenor under the preceding paragraph may undertake all trial 
procedures. 
(5) Where there is a ground for interruptio n or suspension of trial procedures on 
behalf of the intervenor under paragraph (1) or (3), the said interruption or suspension shall have effect on the original parties. 
 Article 149  (1) A person applying to intervene shall submit an application for 
intervention to the chief administrative judge. 
(2) Where an application for intervention is submitted, the chief administrative 
judge shall serve a copy of the application for intervention to the original parties and intervenor(s) and give such person s an opportunity to present opinions, 108 designating an adequate time limit. 
(3) Where an application for intervention is filed, the administrative judge of the 
trial in which the applicant intends to intervene shall render a ruling through a 
trial. 
(4) The ruling under the preceding paragrap h shall be made in writing and state the 
grounds therefor. 
(5) No appeal may be made against a ruling under paragraph (3) or inaction thereof.  
(Examination and preservation of evidence) 
Article 150  (1) Evidence may be examined in a trial, upon a motion by a party or 
an intervenor, or ex officio. 
(2) Evidence may be preserved in a trial, up on a motion by an interested person prior 
to the filing of a request for a trial, or by a party to or an intervenor in the trial, or 
ex officio when the trial is pending. 
(3) A motion prior to the filing of a request  for a trial under the preceding paragraph 
shall be filed to the Commissioner of the Patent Office. 
(4) Where a motion has been filed prior to the filing of a petition for a trial under 
paragraph (2), the Commissioner of th e Patent Office shall designate the 
administrative judge and the trial clerk who shall be in charge of preservation of evidence. 
(5) Where evidence has been, ex officio, examined or preserved under paragraph (1) 
or (2), the chief administrative judge shall notify the parties and intervenor(s) of the result thereof and give such persons an opportunity to present opinions, designating an adequate time limit. 
(6) The examination or preservation of ev idence under paragraph (1) or (2) may be 
entrusted to a district court or summary co urt having jurisdiction over the matter. 
 Article 151  Article 147 of this Act and Articles 93(1) (designation of date), 94 
(summons on designated date), 179 to 181, 183 to 186, 188, 190, 191, 195 to 198, 199(1), 201 to 204, 206, 207, 210 to 213, 214(1) to 214(3), 215 to 222, 223(1) to 223(6), 226 to 228, 229(1) to 229(3), 231, 232(1), 233, 234, 236 to 238, 240 to 242 (evidence) and 278 (submission of document in lieu of examination, etc.) of the Code of Civil Procedure shall apply mu tatis mutandis to the examination and 
preservation of evidence under the precedin g Article. In this case, the term "facts 
that are admitted by the party in court or  that are obvious" in Article 179 of the 
said Code shall be deemed to be replac ed with "obvious facts", and the term 109 "Supreme Court Rules" in Article 204 and 215-3 of the said Code shall be deemed 
to be replaced with "Ordinance of the Mi nistry of Economy, Trade and Industry." 
 
(Ex officio proceedings) 
Article 152  The chief administrative judge may proceed with the trial procedures, 
even if a party or intervenor fails to undertake required procedures within the 
legal or designated time limit or the said person fails to appear pursuant to the provision of Article 145(3). 
 Article 153  (1) Any grounds not pleaded by a party or intervenor may be examined 
in a trial. 
(2) Where any grounds not pleaded by a pa rty or intervenor has been examined 
under the preceding paragraph, the chief administrative judge shall notify the parties and the intervenor(s) of the result thereof and give such persons an opportunity to present opinions, designating an adequate time limit. 
(3) Any object of claim not claimed by the demandant may not be examined in a trial.  
(Joint or separate conduct of proceedings) 
Article 154  (1) Where one or both parties to two or more trials are identical, the 
proceedings may be jointly conducted. 
(2) Proceedings that have been jointly co nducted under the preceding paragraph may 
later be separately conducted. 
 
(Withdrawal of request for trial) 
Article 155  (1) A request for a trial ma y be withdrawn before a trial decision 
becomes final and binding. 
(2) A request for a trial may not be with drawn without the consent of the adverse 
party, after the written answer under Article 134(1) has been submitted. 
(3) When a request for invalidation trial has been filed with regard to two or more 
claims covered by a patent that has tw o or more claims, the request may be 
withdrawn for any of the claims. 
(4) Where requests for correction trial are filed for each claim or each group of claims, 
the withdrawal of the said requests shall be made for all those requests. 
 
 (Notice of conclusion of proceedings) 
Article 156  (1) Where the case has reached the point at which a trial decision may 110 be rendered, the chief administrative judge shall, in a trial other than invalidation 
trial, notify the parties and intervenor(s) of the conclusion of the proceedings. 
(2) In invalidation trial, the chief administrative judge shall, where the case has 
reached the point at which a trial decision may be rendered, and an announcement of a trial decision under Article 164-2(1) is not made or an announcement of a trial decision in the said paragraph has been made but a defendant does not file a request for correction under Article 134-2(1) or does not make an amendment under Article 17-5(2) within the time limit under paragraph (2) of the said Article, notify the parties and intervenors of the conclusion of the proceedings. 
(3) The chief administrative judge may, upon  a motion by a party or intervenor, or 
ex officio, resume proceedings, where ne cessary, even after the notice has been 
given under the preceding two paragraphs. 
(4) The trial decision shall be rendered within 20 days from the date on which the 
notice under paragraph (1) or (2) has been  issued; provided, however, that this 
shall not apply where the case is complex or there are unavoidable reasons therefor. 
 
(Appeal/Trial decision) 
Article 157  (1) When appeal/trial decision has been rendered, the appeal/trial shall 
be concluded. 
(2) Appeal/trial decision shall be rendered  in writing stating the following matters: 
(i) the trial number; (ii) the name, and domicile or residence of each of the parties, intervenor(s) and 
their representatives; 
(iii) the identification of the appeal/trial case; (iv) the conclusion of and reasons for the appeal/trial decision; and (v) the date of the appeal/trial decision. 
(3) Where appeal/trial decision has been rendered, the Commissioner of the Patent 
Office shall serve a certified copy of th e appeal/trial decision to the parties, 
intervenor(s) and person whose application for intervention has been refused. 
 
(Special provisions regarding trials agai nst examiner's decision of refusal) 
Article 158  Any procedure taken during th e examination procedure shall also be 
effective in appeal against an examiner's decision of refusal. 
 Article 159  (1) Article 53 shall apply mutatis mutandis to appeal against an 
examiner's decision of refusal. In this case, the term "Article 17-2(1)(i) or (iii)" in 111 Article 53(1) shall be deemed to be replaced with "Article 17-2(1)(i), (iii) or (iv)", 
and the term "an amendment" in Article 53(1) shall be deemed to be replaced with "an amendment (in the case of Article 17-2(1)(i) or (iii), excluding the amendment made prior to the request for appeal agains t the examiner's decision of refusal)". 
(2) Article 50 and Article 50-2 shall apply mutatis mutandis where a reason for 
refusal found in appeal against an examiner's decision of refusal is different from the reason(s) of the examiner's decision. In this case, the term "in the case of 
Article 17-2(1)(i) or (iii) (in the case of Article 17-2(1)(i), limited to the case where the examiner has given a notice under the next Article along with the notice of 
reasons for refusal)" in the proviso to A rticle 50 shall be deemed to be replaced 
with "in the case of Article 17-2(1)(i) (limited to the case where the examiner has given a notice under the next Article along with the notice of reasons for refusal, 
and excluding the case where the applicant has made an amendment prior to the filing of a request for appeal against an examiner's decision of refusal), (iii) (excluding the case where the applicant has made an amendment prior to the filing of a request for appeal against an examin er's decision of refusal) or (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 fo r appeal against an examiner's decision 
of refusal is found to have reasonable grounds. 
 Article 160  (1) Where an examiner's decision has been rescinded in appeal against 
the examiner's decision of refusal, appeal  decision may be made to order a further 
examination to be carried out. 
(2) The decision made in the appeal decisi on under the preceding paragraph shall be 
binding upon the examiner with respect to the case. 
(3) Article 159(3) shall not apply where appeal decision under paragraph (1) is 
rendered. 
 Article 161  Articles 134(1) to (3), 134-2, 134-3, 148 and 149 shall not apply to appeal 
against the examiner's decision of refusal. 
 Article 162  Where, in the case of a request for appeal against an examiner's 
decision of refusal, where an amendment has been made to the description, scope of claims or drawings attached to th e application in the patent application 
pertaining to the request at the time of filing the request, the Commissioner of the Patent Office shall direct the examiner to examine the request. 112  
Article 163  (1) Articles 48, 53 and 54 shall apply mutatis mutandis to an 
examination under the preceding Article. In this case, the term "Article 17-2(1)(i) or (iii)" in Article 53(1) shall be deemed to be replaced with "Article 17-2(1)(i), (iii) 
or (iv)" and the term "an amendment" in Article 53(1) shall be deemed to be replaced with "an amendment (in the case of Article 17-2(1)(i) or (iii), excluding 
the amendment made prior to the request for appeal against an examiner's decision of refusal)." 
(2) Article 50 and Article 50-2 shall apply mutatis mutandis where a reason for 
refusal which was not contained in the examiner's decision concerned in the 
request for appeal is found in the examination under the preceding Article. In this case, the term "in the case of Article 17-2( 1)(i) or (iii) (in the case of Article 17-
2(1)(i), limited to the case where the ex aminer has given a notice under the next 
Article along with the notice of reasons for refusal)" in the proviso to Article 50 
shall be deemed to be replaced with "in th e case of Article 17-2(1) (limited to the 
case where the examiner has given a notice  under the next Article along with the 
notice of reasons for refusal, and excluding the case where the applicant has made an amendment prior to the filing of a reque st for appeal against an examiner's 
decision of refusal), (iii) (excluding the case where the applicant has made an amendment prior to the filing of a request for appeal against an examiner's decision of refusal) or (iv)." 
(3) Articles 51 and 52 shall apply mutatis mutandis where appeal is found to have 
reasonable grounds in the examination under the preceding Article. 
 Article 164  (1) In an examination under A rticle 162, where the examiner renders a 
decision to the effect that a patent is to be granted, the examiner shall rescind the 
examiner's decision of refusal that is the basis of the appeal. 
(2) Except in the case of the preceding paragraph, the examiner may not render a 
ruling dismissing an amendment under Article 53(1) as applied under Article 163(1). 
(3) Except in the case of paragraph (1), the examiner shall report to the 
Commissioner of the Patent Office the re sult of the examination without rendering 
a decision on the appeal. 
 
(Special provisions for invalidation trial) 
Article 164-2  (1) Where the case of invalid ation trial has reached the point at which 113 a trial decision may be rendered, the chief administrative judge shall, where he or 
she finds a reasonable ground for request for a trial or it is as provided by 
Ordinance of the Ministry of Economy, Trade and Industry, notify the parties and intervenors of an advance notice of the trial decision. 
(2) Where an advance notice of a trial decision is notified pursuant to the preceding 
paragraph, the chief administrative judge shall designate to the defendant an adequate time limit for filing a request for correction of the description, scope of 
claims or drawings attached to the application. 
(3) Article 157(2) shall apply mutatis mutand is to an advance notice of trial decision 
under paragraph (1). 
 
(Special provisions for correction trial) 
Article 165  Where a request for correction trial does not correspond to one of the 
purposes provided in the proviso to A rticle 126(1) or does not comply with 
paragraphs (5) to (7) of Article 126, the ch ief administrative judge shall notify the 
demandant of the reasons therefore and give the demandant an opportunity to 
submit a written opinion, designating an adequate time limit. 
 Article 166  Articles 134(1) to (3), 134-2, 134-3, 148 and 149 shall not apply to a 
correction trial. 
 
(Effect of trial decision) 
Article 167  Where a final and binding trial decision in an invalidation trial or a 
trial for invalidation of the registration of extension of the duration has been registered, neither parties nor intervenor s may file a request for a trial on the 
basis of the same facts and evidence. 
 
(Scope of final and binding trial decision) 
Article 167-2  (1) Appeal/trial decision shall become final and binding for each 
appeal/trial case; provided, however, that, in the cases listed in the following items, 
appeal/trial decision shall become final and binding as provided in the corresponding item: 
(i) where a request for invalidation trial has  been filed for each claim and a request 
for correction has been filed under Article 134-2(1) for each group of claims: for the said group of claims; 
(ii) where a request for correction trial has been filed for each group of claims: for 114 the said group of claims; and, 
(iii) where a request for trial has been filed for each claim and a case other than 
those listed in item (i): for the said claim 
 
(In relation to litigation) 
Article 168  (1) Where deemed necessary during appeal/trial, the appeal/trial 
proceedings may be suspended until the ruling on an opposition to a granted patent or the decision in another trial has become final and binding or court proceedings have been concluded. 
(2) Where an action is instituted or a motion  for order of provisional seizure or order 
of provisional disposition is filed, the court may, if it considers it necessary, 
suspend the court proceedings until the ap peal/trial decision becomes final and 
binding. 
(3) Where an action with respect to infrin gement of a patent right or an exclusive 
license is instituted, the court shall notify  the Commissioner of the Patent Office 
thereof. The same shall apply when the said court proceedings have been concluded. 
(4) Where the Commissioner of the Patent Of fice receives the notice as provided in 
the preceding paragraph, the Commissioner of the Patent Office shall notify the court of whether appeal/request for a trial with regard to the said patent right has 
been filed. The same shall apply when, with regard to the said trial, a ruling dismissing the written request or appeal/trial decision has been rendered or the request has been withdrawn. 
(5) Where the court receives the notice to the effect that a request for appeal/trial 
with regard to the said patent right has been filed under the preceding paragraph, 
if a document stating a method of allegati on or defense as provided in Article 104-
3(1) has already been submitted in the action  prior to the said notice or if the said 
document is submitted for the first time af ter the said notice, the court shall notify 
the Commissioner of the Patent Office thereof. 
(6) Where the Commissioner of the Patent Of fice receives the notice as provided in 
the preceding paragraph, the Commissioner  of the Patent Office may request the 
court to deliver copies of any record of the said action which the administrative 
judge considers necessary for the trial. 
 
(Burden of costs of appeal/trial) 
Article 169  (1) The burden of costs in connection with invalidation trial or 115 invalidation trial of the registration of ex tension of the duration shall be decided 
ex officio by a trial decision where the trial  is terminated by a trial decision or by 
a ruling in the trial where the trial is terminated otherwise than by a trial decision. 
(2) Articles 61 to 66, 69(1), 69(2), 70 and 71(2) (Bearing of litigation costs) of the Code 
of Civil Procedure shall apply mutatis mut andis to the costs in connection with the 
trial under the preceding paragraph. In this case, the term "Supreme Court Rules" in Article 71(2) of the said Code shall be deemed to be replaced with "Ordinance of the Ministry of Economy, Trade and Industry." 
(3) The costs in connection with appeal agai nst an examiner's decision of refusal and 
a correction trial shall be borne by the demandant. 
(4) Article 65 (Bearing of litigation costs in  joint litigation) of the Code of Civil 
Procedure shall apply mutatis mutandis to the costs to be borne by the demandant 
under the preceding paragraph. 
(5) The amount of costs in connection with appeal/trial shall be determined by the 
Commissioner of the Patent Office upon re quest, after appeal/trial decision or a 
ruling has become final and binding. 
(6) The scope, the amount and the paym ent of the costs in connection with 
appeal/trial, and the payment required for undertaking a procedure for a trial 
shall be governed by the relevant provisio ns of the Act on Civil Procedure Costs, 
etc. (excluding provisions in Chapter II, Sections 1 and 3 of the said Act) unless such provisions are contrary to the nature of the said matters. 
 
(Enforceability of ruling on amount of costs) 
Article 170  A final and binding ruling on th e amount of costs for appeal/trial shall 
have the same effect as that of an enforceable title of obligation. 
 
Chapter VII Retrial (Article 171 to Article 177) 
 
(Request for retrial) 
Article 171  (1) A party or an intervenor ma y file a request for a retrial against a 
final and binding revocation decision and a final and binding trial decision. 
(2) Articles 338(1), 338(2) and 339 (Grounds for retrial) of the Code of Civil Procedure 
shall apply mutatis mutandis to a request for a retrial under the preceding paragraph. 
 Article 172  (1) Where a demandant for a trial, in conspiracy with the demandee, 116 has caused the trial decision to be rendered for the purpose of harming the right 
or interest of a third party, the third party  may file a request for a retrial against 
the final and binding trial decision. 
(2) A request for a retrial under the preced ing paragraph shall be filed against the 
demandant and the demandee in the trial as joint demandees. 
 
(Time limit for request for retrial) 
Article 173  (1) A request for a retrial shall be filed within 30 days from the date on 
which the demandant became aware of the grounds for the retrial after the 
revocation decision or the trial de cision became final and binding. 
(2) Where a person intending to file a reques t for a retrial is unable to file the said 
request within the time limit as provided in the preceding paragraph due to reasons beyond the control of the person, notwithstanding the said paragraph, the said person may file the request within 14 days (in the case of an overseas resident, 
within two months) from the date on which the said reasons ceased to exist, prior 
to the lapse of six months from the expiration of the said time limit. 
(3) Where a request for a retrial is filed on the ground that the demandant was not 
represented in accordance with the applic able legal provisions, the time limit as 
provided in paragraph (1) shall be count ed from the day following the date on 
which, by being served a copy of the trial  decision, the demandant or his statutory 
representative became aware that the revoca tion decision or the trial decision had 
been rendered. 
(4) No request for a retrial may be filed af ter the expiration of three years from the 
date on which the revocation decision or th e trial decision became final and binding. 
(5) Where a ground for a retrial has arisen after the revocation decision or the trial 
decision became final and binding, the ti me limit as provided in the preceding 
paragraph shall be counted from the day following the date on which the ground 
first arose. 
(6) Paragraphs (1) and (4) shall not apply to a request for a retrial filed on the ground 
that the trial decision is in conflict with a final and binding trial decision 
previously rendered. 
 
(Application mutatis mutandis of provisions regarding trial, etc.) 
Article 174  (1) Articles 114, 116 to 120-2, 120-5 to 120-8, 131(1), the main clause of 
131-2(1), 132(3), 154, 155(1) and (3), and 156(1), (3) and (4) shall apply mutatis mutandis to a retrial against a final  and binding revocation decision. 117 (2) Articles 131(1), the main clause of 131-2(1), 132(3) and (4), 133, 133-2, 134(4), 135 
to 147, 150 to 152, 155(1), 156(1), (3) and (4), 157 to 160, the main clause of 167-2, 168, 169(3) to (6), and 170 shall apply mutatis mutandis to a retrial against a final and binding trial decision in an appeal against an examiner's decision of refusal. 
(3) Articles 131(1), the main clause of 131-2(1), 132(1), (2) and (4), 133, 133-2, 134(1), 
(3) and (4), 135 to 152, 154, 155(1) to (3), 156(1), (3) and (4), 157, 167, 168, 169(1), (2), (5) and (6), and 170 shall apply muta tis mutandis to a retrial against a final 
and binding trial decision in an invalidation trial or a trial for invalidation of the registration of extension of the duration. 
(4) Articles 131(1) and (4), the main clause of 131-2(1), 132(3) and (4), 133, 133-2, 
134(4), 135 to 147, 150 to 152, 155(1) and (4), 156(1), (3) and (4), 157, 165, 167-2, 168, 169(3) to (6), and 170 shall apply mutatis mutandis to a retrial against a final and binding trial decision in a correction trial. 
(5) Article 348(1) (Scope of proceedings) of  the Code of Civil Procedure shall apply 
mutatis mutandis to a retrial. 
 
(Restriction on effect of patent  right restored by retrial) 
Article 175  (1) Where a patent right pertain ing to a revoked or invalidated patent 
or a patent right pertaining to the inva lidated registration of extension of the 
duration thereof has been restored by a retrial, or where the establishment of a patent right or the extension of the durati on of a patent right with respect to a 
patent application or an application for the registration of extension of the 
duration of a patent right which was refuse d by a trial decision has been registered 
by a retrial, and where the patent has been granted for the invention of a product, such patent right shall not be effective  against any product imported into or 
produced or acquired in Japan without knowle dge, after the revocation decision or 
the trial decision became final and bind ing but before the registration of the 
request for a retrial. 
(2) Where a patent right pertaining to a re voked or invalidated patent or a patent 
right pertaining to the invalidated registrati on of extension of the duration thereof 
has been restored by a retrial or where the establishment of a patent right or the extension of the duration of a patent righ t with respect to a patent application or 
an application for the registration of extension of the duration of a patent right which was refused by a trial decision has be en registered by a retrial, such patent 
right shall not be effective against the follo wing acts conducted after the revocation 
decision or the trial decision became final  and binding but before the registration 118 of the request for a retrial: 
(i) working of the said invention without knowledge; (ii) where a patent has been granted for the invention of a product, producing, 
assigning, etc., importing or offering for assignment, etc. any product to be used 
for producing of the said product without knowledge; and 
(iii) where a patent has been granted for an invention of a product, possessing the 
said product for the purpose of assigning, etc. or exporting it without knowledge; 
(iv) where a patent has been granted for the invention of a process, producing, 
assigning, etc., importing or offering for assignment, etc. any product to be used 
for the use of the said process without knowledge; and 
(v) where a patent has been granted for an invention of a process of producing a 
product, possessing the product produced by the said process for the purpose of 
assigning, etc. or exporting it without knowledge. 
 Article 176  Where a patent right pertaining to a revoked or invalidated patent or 
a patent right pertaining to the invalidat ed registration of an extension of the 
duration thereof has been restored through a retrial or where the establishment of a patent right or the extension of the du ration of a patent right with respect to 
a patent application or an application for registration of an extension of the duration of a patent right refused by a tri al decision has been registered through 
a retrial, and where a person has, without knowledge, been working the invention 
in Japan or has, without knowledge, been ma king preparations therefore, after the 
revocation decision or the trial decision  became final and binding but before the 
registration of the demand for a retrial , such person shall have a non-exclusive 
license on the patent right, to the extent of the invention and the purpose of such business worked or prepared. 
 Article 177  Deleted  
Chapter VIII Litigation (Article 178 to Article 184-2) 
 
(Actions against trial decisions, etc.) 
Article 178  (1) The Tokyo High Court s hall have exclusive jurisdiction over any 
action against a revocation decision or a trial decision, a ruling to dismiss a written 
request for an opposition to a granted pa tent, a trial or a retrial or a written 
request for correction under Article 120-5(2) or Article 134-2(1). 119 (2) An action under paragraph (1) may be instituted only by a party in the case, an 
intervenor, or a person whose application for intervention in the proceedings on the said opposition to a granted patent, in the trial or in the retrial has been 
refused. 
(3) An action under paragraph (1) may not be instituted after the expiration of thirty 
days from the date on which a certified copy of the trial decision or the ruling has been served. 
(4) The time limit as provided in the preceding paragraph shall be invariable. (5) The chief administrative judge may ex  officio designate an additional period 
extending the invariable time limit under the preceding paragraph for a person in a remote area or an area with transportation difficulty. 
(6) An action with regard to a matter fo r which a request for a trial may be made 
may be instituted only against a trial decision. 
 
(Appropriate party as defendant) 
Article 179  In an action under Article 178(1), the Commissioner of the Patent Office 
shall be the defendant; provided, however, that in the case of an action against a 
trial decision in an invalidation trial, or a trial for invalidation of the registration 
of extension of duration, or in a retrial under Article 171(1) against a final and binding trial decision in such trial, the demandant or the demandee in the trial or retrial shall be the defendant. 
 
(Notice of institution of action, etc.) 
Article 180  Where an action under the pr oviso to the preceding Article has been 
instituted, the court shall notify the Commissioner of the Patent Office thereof without delay. 
(2) In the case of the preceding paragraph, where an action is against an invalidation 
trial requested for each claim or a trial decision of a retrial against a final and 
binding trial decision of the trial, the co urt shall deliver to the Commissioner of 
the Patent Office the documents necessary for identifying claims pertaining to the 
said action. 
 
(Opinion of the Commissioner of the Patent Office in litigation rescinding the trial 
decision) 
Article 180-2  (1) Where an action under the proviso to Article 179 is instituted, the 
court may seek the opinion of the Commissi oner of the Patent Office regarding the 120 application of this Act or any other ne cessary matters relating to such case. 
(2) Where an action under the proviso to Article 179 is instituted, upon the court's 
consent, the Commissioner of the Patent Office may express his/her opinions to the court regarding the application of this Act or any other necessary matters relating to such case. 
(3) The Commissioner of the Patent Office may designate another Patent Office 
official to express the Commissioner's opinions for the purpose of the preceding two paragraphs. 
 
(Rescission of the trial decision or ruling) 
Article 181  (1) Where the court finds for the plaintiff in an action instituted under 
Article 178(1), it shall rescind the trial decision or ruling. 
(2) Where the court's decision rescinding a trial decision or ruling or the court's 
ruling rescinding a trial de cision under the preceding paragraph has become final 
and binding, the administrative judges shall carry out further proceedings and 
render a trial decision or ruling. In this  case, the court's decision rescinding the 
trial decision or the ruling has become final and binding with regard to some 
claims in a group of claims for which a request for correction under Article 120-
5(2) or Article 134-2(1) has been filed, th e administrative judge shall, in carrying 
out the proceedings, rescind the trial decision or the ruling on the other claims in the said group of claims. 
 
(Delivery of original copy of judgment, etc.) 
Article 182  In the cases listed in the followi ng 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 concluded by a judicial decision: the 
original copy of the judgment rendered  by the court of each instance; and 
(ii) where the court procedures have b een concluded by a means other than a 
judicial decision: the documents necessary  for identifying claims pertaining to 
the said action. 
 
(Composition of panel) 
Article 182-2  With respect to an action under Article 178(1), the ruling that 
proceedings and judgment shall be rendered  by a panel consisting of five judges 
may be made if so determined by the said panel. 121  
(Action against amount of compensation) 
Article 183  (1) A person(s) who has received an award under Article 83(2), 92(3), 
92(4), or 93(2) may, if not satisfied with the amount of the compensation determined in the award, institute an action demanding an increase or decrease 
of the said amount. 
(2) An action under the preceding paragraph may not be instituted after the 
expiration of six months from the date on  which a certified copy of the award has 
been served. 
 
(Appropriate party as defendant) 
Article 184  In an action under Article 183(1), the following person shall have 
standing as a defendant: 
(i) in an action against an award under Article 83(2), 92(4) or 93(2), the non-
exclusive licensee, patentee or exclusive licensee; and 
(ii) in an action against an award under Article 92(3), the non-exclusive licensee 
or the other person under Article 72. 
 Article 184-2  Deleted  
Chapter IX Special Provisions Concerni ng International Applications under 
the Patent Cooperation Treaty (Article 184-3 to Article 184-20) 
 
(Patent application based on international application) 
Article 184-3  (1) An international applicat ion (a patent application only) to which 
the international application date is acco rded under Article 11(1), 11(2)(b) or 14(2) 
of the Patent Cooperation Treaty signed in Washington on June 19, 1970 (hereinafter referred to as the "Treaty" in  this Chapter) and which specifies Japan 
as a designated State under Article 4(1)(ii)  of the Treaty shall be deemed to be a 
patent application filed on the said international application date. 
(2) Article 43 (including its mutatis mutandis application under Article 43-2(2) 
(including its mutatis mutandis applicat ion under Article 43-3(3)) and Article 43-
3(3)) shall not apply to the international application deemed to be a patent application under the preceding paragraph (hereinafter referred to as "international patent application"). 
 122 (Translations of international patent  application in foreign language) 
Article 184-4  (1) An applicant of an inte rnational patent application in foreign 
language (hereinafter referred to as a "p atent application in foreign language") 
shall submit to the Commissioner of the Patent Office Japanese translations of the description, scope of claims, drawings (the  descriptive text in such drawings only, 
hereinafter the same shall apply in this article), and the abstract, as provided in Article 3(2) of the Treaty, as of the inte rnational application date as provided in 
paragraph (1) of the preceding Article (her einafter referred to as the "international 
application date") within the period from the priority date under Article 2 (xi) of 
the Treaty (hereinafter referred to as th e "priority date"), to two years and six 
months (hereinafter referred to as the "Tim e Limit for the Submission of National 
Documents") therefrom; provided, howeve r, that the applicant of a patent 
application in foreign language who has submitted the document under paragraph 
(1) of the following Article during the peri od from two months before the expiration 
of the Time Limit for the Submission of National Documents to the expiry date 
thereof (excluding the case where the said translations have been submitted prior to the submission of the said documents) may submit the said translations within two months from the date of submission of the said document (hereinafter referred 
to as the "special time limit for the submission of translations"). 
(2) In the case of the preceding paragraph, where the applicant of the patent 
application in foreign language has made an amendment under Article 19(1) of the 
Treaty, the applicant may, in lieu of the translation of scope of the claim(s) as provided in the preceding paragraph, s ubmit a translation of the amended scope 
of claim(s). 
(3) Where the translation of the description as provided in paragraph (1) and the 
translation of the scope of claim(s) as provided in the preceding two paragraphs 
(hereinafter referred to as "translation of the description, etc.") have not been 
submitted within the Time Limit for the Submission of National Documents (in 
the case of a patent application in foreig n language under the proviso to paragraph 
(1), the Special Time Limit for the Subm ission of Translations, hereinafter the 
same shall apply in this Article), the in ternational patent application shall be 
deemed to have been withdrawn. 
(4) An applicant of the international pate nt application that was deemed to have 
been withdrawn pursuant to the precedin g paragraph, where there are justifiable 
reasons for having not been able to submit the said translation of the description, etc. within the Time Limit for the Submi ssion of National Documents, may submit 123 to the Commissioner of the Patent Office the translation of the description, etc. 
and the translations of the drawings and abstracts under paragraph (1) only within the time limit as provided in Or dinance of the Ministry of Economy, Trade 
and Industry.
 
(5) The translations submitted under the pr eceding paragraph shall be deemed to 
have been submitted to the Commissioner of  the Patent Office at the time when 
the Time Limit for the Submission of National Documents expires. 
(6) Where an amendment under Article 19(1) of the Treaty has been made, an 
applicant who has submitted the translation of  the scope of claim(s) as provided in 
paragraph (1) may further submit a Japanese translation of the said amended scope of claim(s) no later than the date on  which the Time Limit for the Submission 
of National Documents expires (or the time of requesting where the applicant 
requests the examination of the application within the Time Limit for the Submission of National Documents; here inafter referred to as the "national 
processing standard time"). 
(7) The main clause of Article 184-7(3) shall apply mutatis mutandis to the case 
where the translation under paragraph (2) or the preceding paragraph has not been submitted. 
 
(Submission of documents and order to amend procedures) 
Article 184-5  (1) An applicant of an inter national patent application shall submit 
a document to the Commissioner of the Pa tent Office within the Time Limit for 
the Submission of 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 as provided by Ordinance of  the Ministry of Economy, Trade and 
Industry, including the international application number. 
(2) The Commissioner of the Patent Office  may order the amendment of procedures 
for an applicant, designating an adequate time limit, in the following cases: 
(i) where the document to be submitted under the preceding paragraph is not 
submitted within the Time Limit for th e Submission of National Documents; 
(ii) where the procedure as provided in the preceding paragraph does not comply 
with paragraphs (1) to (3) of Article 7or Article 9; 
(iii) where the procedure as provided in the preceding paragraph does not comply 
with the formal requirements as provided by Ordinance of the Ministry of Economy, Trade and Industry; 124 (iv) where a translation of the abstract to  be submitted under paragraph (1) of the 
preceding Article is not submitted within  the Time Limit for the Submission of 
National Documents (in the case of a patent application in foreign language 
under the proviso to paragraph (1) of th e preceding Article, the Special Time 
Limit for the Submission of Translations); and 
(v) where the fees payable under Article 195(2) are not paid within the Time Limit 
for the Submission of National Documents. 
(3) Where the person ordered to amend a procedure under the preceding paragraph 
does not make the amendment within the designated time limit under the said 
paragraph, the Commissioner of the Patent Office may dismiss the said international patent application. 
 
(Effect, etc. of application, descriptio n, etc. of international application) 
Article 184-6  (1) The application of an international patent application as of the 
international application date shall be deemed to be an application submitted 
under Article 36(1). 
(2) The description of an international pa tent application in the Japanese language 
(hereinafter referred to as a "patent application in Japanese language") as of the international application date and translations of the description of a patent application in foreign language as of the international application date shall be 
deemed to be the description submitted with the application under Article 36(2); scope of claim(s) of a patent applic ation in Japanese language as of the 
international application date and a translati on of the scope of claim(s) of a patent 
application in foreign language as of the international application date shall be 
deemed to be the scope of claim(s) subm itted with the application under the said 
paragraph; drawing(s) of a patent application in Japanese language as of the international application date, drawing(s)  of a patent application in foreign 
language as of the international application date (excluding the descriptive text in 
the drawing(s)) and a translation of the descriptive text in the drawing(s) shall be deemed to be the drawing(s) submitted with the application under the said paragraph; and, the abstract of a patent application in Japanese language and a translation of the abstract of a patent application in foreign language shall be deemed to the abstract submitted with the application under the said paragraph. 
(3) Where a translation of the amended scope of claim(s) under Article 19(1) of the 
Treaty is submitted as provided in Arti cle 184-4(2) or (6), notwithstanding the 
preceding paragraph, a translation of the said amended scope of claim(s) shall be 125 deemed to be the scope of claim(s) submitted with the application under Article 
36(2). 
 
(Amendment under Article 19 of the Treaty with regard to patent application in 
Japanese language) 
Article 184-7  (1) Where an applicant of a patent application in Japanese language 
has made an amendment under Article 19(1) of the Treaty, such applicant shall submit to the Commissioner of the Patent Office a copy of the written amendment submitted under Article 19(1) on or before  the date which the National Processing 
Standard Time falls into. 
(2) Where a copy of a written amendment has been submitted under the preceding 
paragraph, an amendment to the scope of claim(s) attached to the application shall be deemed to have been made under Article 17-2(1) by the said copy of the written 
amendment; provided, however, that where the written amendment has been served to the Patent Office under Articl e 20 of the Treaty within the time limit 
under the preceding paragraph, the amendment is deemed to have been made by the said written amendment. 
(3) Where the procedure under paragraph (1) has not been taken by the applicant of 
a patent application in Japanese language within the time limit under paragraph 
(1), no amendment under Article 19(1) of the Treaty shall be deemed to have been made; provided, however, that this shall no t apply to the case as provided in the 
proviso to the preceding paragraph. 
 
(Amendment under Article 34 of the Treaty) 
Article 184-8  (1) Where an applicant of an international patent application has 
made an amendment under Article 34(2)(b) of the Treaty, such applicant shall submit to the Commissioner of the Patent Office, in the case of amendment with 
regard to a patent application in Jap anese language, a copy of the written 
amendment submitted under Article 34(2)(b) and, in the case of amendment with regard to a patent application in foreig n language, a Japanese translation of the 
said written amendment, on or before the date which the National Processing Standard Time falls into. 
(2) Where a copy of the written amendment or a translation of the written 
amendment has been submitted under the preceding paragraph, an amendment to the description, scope of claim(s) or dr awing(s) attached to the application shall 
be deemed to have been made under Article 17-2(1) by the copy of the written 126 amendment or the translation of the written amendment; provided, however, that 
where the written amendment with regard to a patent application in Japanese language has been served to the Patent O ffice under Article 36(3)(a) of the Treaty 
within the time limit under the preceding paragraph, the amendment is deemed to have been made by the said written amendment. 
(3) Where the procedure under paragraph (1) has not been taken by the applicant of 
an international patent application within the time limit under paragraph (1), no amendment under Article 34(2)(b) of the Treaty shall be deemed to have been made; provided, however, that this shall no t apply to the case as provided in the 
proviso to the preceding paragraph. 
(4) Where, in accordance with paragraph (2 ), an amendment to the description, scope 
of claims or drawings attached to the application with regard to a patent application in foreign language has been deemed to have been made under Article 
17-2(1), such amendment shall be deemed to have been made by submitting the written correction of incorrect translation as provided in Article 17-2(2). 
 
(National publication, etc.) 
Article 184-9  (1) The national publicatio n of a patent application in foreign 
language, a translation of which has been submitted under Article 184-4(1) or (4), excluding a patent application in foreign language, gazette containing the patent 
of which has been published, shall be effected, without delay, by the Commissioner of the Patent Office after the lapse of  the Time Limit for the Submission of 
National Documents (in the case of a pate nt application in foreign language under 
the proviso to Article 184-4(1), the Special Time Limit for the Submission of Translations, hereinafter the same shall ap ply in this paragraph) (in the case of 
an international patent application for which the applicant has requested an 
examination of the patent application with in the Time Limit for the Submission of 
National Documents and of which the international publication under Article 21 of the Treaty (hereinafter referred to as  "international publication") has been 
effected, after such request for the ex amination of the patent application). 
(2) National publication shall be effected by  publishing the following matters in the 
patent gazette: 
(i) the name, and the domicile or residence of the applicant; (ii) the filing number of the application; (iii) the international application date; (iv) the name, and the domicile or residence of the inventor; 127 (v) the matters stated in the translations of the description and the descriptive 
text in the drawing(s) as provided in Article 184-4(1); the matters stated in the translation of the scope of claim(s) as pr ovided in the said paragraph (in the case 
where a translation has been submitted under paragraph (2) of the said Article, the said translation); the matters stated in the translation under paragraph (6) of the said Article; the contents of the drawing(s) (excluding the descriptive text 
in the drawing(s)); and the matters stated in the translation of the abstract (excluding matters, recognized by the Comm issioner of the Patent Office, to be 
liable to contravene public order or morality by stating those in the patent gazette); 
(vi) the number and the date of the national publication; and (vii) other necessary matters. 
(3) Article 64(3) shall apply mutatis mutandis where the matters stated in the 
translation of the abstract as provided in item (v) of the preceding paragraph are to be contained in the patent gazette under the preceding paragraph. 
(4) Article 64 shall not apply to an international patent application. (5) For the purpose of an international patent  application, the term "the laying open 
of the patent application" in Articles  48-5(1), 48-6, the proviso to 66(3), 128, 
186(1)(i) and (iii) and 193(2)(i), (ii), (vii) and  (x) shall be deemed to be replaced with 
"the international publication under Article 184-9(1)" in the case of a patent application in Japanese language and "the national publication under Article 184-
9(1)" in the case of a patent application in foreign language. 
(6) For the purpose of a request for a certificate, etc., with regard to a patent 
application in foreign language, the term  "or the materials under Article 67-5(2)'' 
in Article 186(1)(i) shall be deemed to be replaced with "or an application, a 
description, scope of claim(s), drawing(s), or an abstract in an international application under Article 3(2) of the Patent Cooperation Treaty signed in 
Washington on June 19, 1970 (excluding those with regard to an international patent application where the establishment of a patent right has been registered has been made or those contained in the international publication)." 
(7) For the purpose of the matters to be co ntained in the patent gazette with regard 
to an international patent application, the term "after the laying open of a patent 
application" in Article 193(2)(iii) shall be deemed to be replaced with "with regard 
to an international patent application, th e international publication of which has 
been effected." 
 128 (Effect etc., of international publication and National Publication) 
Article 184-10  (1) After the international p ublication of a patent application in the 
case of a patent application in Japanese language, or after the national publication 
of a patent application in the case of a patent application in foreign language, 
where the applicant of the international pa tent application has given warning with 
documents stating the contents of the invention claimed in the international 
patent application, the applicant of the international patent application may claim compensation against a person who has worked the invention as a business after the warning, prior to the registration est ablishing a patent right, and the amount 
of compensation shall be equivalent to  the amount the applicant(s) would be 
entitled to receive for the working of the invention if the invention were patented. 
Even where the said warning has not been given, the same shall apply to a person 
who worked the invention as a business pr ior to the registration establishing a 
patent right, in the case of a patent application in Japanese language, with knowledge of the invention having been claimed in the international patent 
application that the internat ional publication has been effected, or, in the case of 
a patent application in foreign language,  with knowledge of the invention having 
been claimed in the international patent application that the national publication 
has been effected. 
(2) Paragraphs (2) to (6) of Article 65 shall apply mutatis mutandis to the exercise of 
the right to claim compensation under the preceding paragraph. 
 
(Special provisions concerning patent administrators for overseas residents) 
Article 184-11  (1) Notwithstanding Articl e 8(1), an applicant of an international 
patent application who is an overseas resident may, prior to the National 
Processing Standard Time, undertake proc edures without being represented by a 
patent administrator. 
(2) The person prescribed in the preceding paragraph shall appoint a patent 
administrator and notify the Commissioner of  the Patent Office thereof on or after 
the National Processing Standard Time, but not later than the time limit as 
provided in Ordinance of the Ministry of Economy, Trade and Industry. 
(3) Where no appointment of a patent administrator has been notified within the 
time limit as provided in the preceding paragraph, the Commissioner of the Patent Office shall notify a person as provided in paragraph (1) thereof. 
(4) A person who has received a notice pr ovided under the preceding paragraph may 
appoint a patent administrator and notify  the Commissioner of the Patent Office 129 thereof only within the time limit as pr ovided in Ordinance of the Ministry of 
Economy, Trade and Industry. 
(5) Where no appointment of a patent administrator has been notified within the 
time limit as provided in the precedin g paragraph, the international patent 
application shall be deemed to have been withdrawn. 
(6) Where there is a reasonable ground for fa iling to notify appointment of a patent 
administrator within the time limit as prov ided in paragraph (4), the applicant of 
an international patent application wh ich has been deemed to have been 
withdrawn under the preceding paragraph may appoint a patent administrator and notify the Commissioner of the Patent O ffice thereof only within the time limit 
as provided in Ordinance of the Minis try of Economy, Trade and Industry. 
(7) The notification made under paragraph (4) or the preceding paragraph shall be 
deemed to be a notification made at the time of expiration of the time limit as provided in paragraph (2). 
(8) Where an applicant under paragraph (1) has undertaken procedures under 
Article 184-4(4) with being represented by a patent administrator, paragraphs (2) 
to (7) shall not apply. 
 
(Special provisions concerning amendment) 
Article 184-12  (1) Notwithstanding the main clause of Article 17(1), no amendment 
of the procedures shall be allowed (exc luding those under Articles 184-7(2) and 
184-8(2)) unless, in the case of a patent application in Japanese language, the procedure under Article 184-5(1) has been taken and the fee payable under Article 
195(2) has been paid, and, in the case of a patent application in foreign language, the procedures under Articles 184-4(1) and 184-5(1) have been taken, the fee 
payable under Article 195(2) has been paid , and the National Processing Standard 
Time has lapsed. 
(2) For the purpose of the allowable scope of  amendment to the description, scope of 
claims or drawings with regard to a pate nt application in foreign language, the 
term "a foreign-language-written-applicat ion as provided in Article 36-2(2)" in 
Article 17-2(2) shall be deemed to be replac ed with "a patent application in foreign 
language as provided in Article 184-4(1)"; th e term "the description, scope of claims 
or drawings originally attached to th e application (in the case of a foreign-
language-written-application under Articl e 36-2(2), the translation of foreign-
language-documents as provided in Articl e 36-2(2) that is deemed to be the 
description, scope of claims and drawings under Article 36-2(8) (in the case where 130 the amendment to the description, scope of claims or drawing has been made 
through the submission of the statement of  correction of incorrect translation, the 
said translations or the amended description, scope of claims or drawings), the same shall apply in Articles 34-2(1) and 34- 3(1))" in Article 17-2(3) shall be deemed 
to be replaced with "a translation as prov ided in Article 184-4(1) of the description 
or drawings (limited to the descriptive text in the drawings) of an international 
patent application as provided in Articl e 184-3(2) (hereinafter referred to as an 
"international patent application" in th is paragraph) as of the international 
application date as provided in Articl e 184-4(1) (hereinafter referred to as the 
"international application date" in this pa ragraph), a translation as provided in 
Article 184-4(1) of scope of the claims of an international patent application as of 
the International Application Date (in the case where a translation of the scope of claim(s) amended under Article 19(1) of th e Patent Cooperation Treaty signed in 
Washington on June 19, 1970 has been submitted under Article 184-4(2) or (6), the said translation) or drawings (excluding th e descriptive text in the drawings) of an 
international patent application as of  the International Application Date 
(hereinafter referred to as the "translations,  etc." in this paragraph) (in the case 
where an amendment to the description, scope of claim(s) or drawing(s) has been made through the submission of the statement of correction of incorrect translation, the Translations, etc. or the said amended description, scope of claims or drawings)". 
 
(Special provisions for registra tion in the patent registry) 
Article 184-12-2  Notwithstanding Article 27(1)(iv), provisional exclusive license 
shall not be registered, unless, in the case of a patent application in Japanese language, procedures under Article 184- 5(1) have been undertaken and the fee 
relating to the procedures under Article 195( 2) has been paid, and, in the case of a 
patent application in foreign language, pr ocedures under Articles 184-4(1) or (4) 
and 184-5(1) have been undertaken, the f ee relating to the procedures under 
Article 195(2) has been paid, and the National Processing Standard Time has lapsed. 
 
(Special provision concerning patentability) 
Article 184-13  For the purpose of the application of Article 29-2, in the case where 
another patent application or a utility mo del registration application as provided 
in Article 29-2 is an international patent  application or an International utility 131 model registration application under Arti cle 48-3(2) of the Utility Model Act, the 
term "another patent application or a ut ility model registration application " under 
Article 29-2 of this Act shall be deemed to be replaced with "another patent application or utility model registrati on application (excluding a patent 
application in foreign language under  Article 184-4(1) or a utility model 
registration application in foreign lang uage under Article 48-4(1) of the Utility 
Model Act which has been deemed to have been withdrawn in accordance with Article 184-4(3) of this Act or Article 48-4(3) of the Utility Model Act)," the term "the laying open of the patent application or" shall be deemed to be replaced with "laying open of the patent application," th e term "published" shall be deemed to be 
replaced with "published or where inter national publication under Article 21 of 
the Patent Cooperation Treaty signed in  Washington on June 19, 1970 has been 
effected," and the term "the description, scope of claims or drawings originally attached to the application" shall be deem ed to be replaced with "the description, 
scope of claims, or drawings of an inter national application as of the International 
Application Date under Article 184-4(1)of th is Act or Article 48-4(1) of the Utility 
Model Act." 
 
(Special provision concerning exceptio n to lack of novelty of invention) 
Article 184-14  Notwithstanding Article 30(3), an applicant of an international 
patent application who requests the application of Article 30(2) may submit to the Commissioner of the Patent Office, afte r the National Processing Standard Time, 
but not later than the time limit as provided in Ordinance of the Ministry of Economy, Trade and Industry, a document stating thereof and a document proving 
the fact that the invention which has fallen under any of the paragraphs of Article 29(1) has become applicable is an invention to which Article 30(2) may be applicable. 
 
(Special provisions concerning priority cl aim based on a patent application, etc.) 
Article 184-15  (1) The proviso to Articles 41(1), 41(4) and 42(2) shall not apply to 
an international patent application. 
(2) For the purpose of application of Articl e 41(3) to a patent application in Japanese 
language, the term "or the laying open of th e patent application" in the said Article 
shall be deemed to be replaced with "or the international publication under Article 
21 of the Patent Cooperation Treaty signed in Washington on June 19, 1970." 
(3) For the purpose of the application of Article 41(3) for a patent application in 132 foreign language, the term "the description, scope of claims or drawings originally 
attached to the application in a patent application" in the said Article shall be deemed to be replaced with "the description, scope of claims or drawings of an international application as of the inte rnational application date under Article 
184-4(1)," and the term "or the laying open of the application" shall be deemed to 
be replaced with "or the international p ublication under Article 21 of the Patent 
Cooperation Treaty done in Washington on June 19, 1970." 
(4) For the purpose of application of paragraphs (1) to (3) of Article 41 and 42(1), in 
the case where the earlier application under Article 41(1) of this Act is an international patent application or an international utility model registration 
application under Article 48-3(2) of the Ut ility Model Act, the term "the description, 
scope of claims for a patent or utility mo del registration and drawings originally 
attached to the application" in Articles 41(1) and 41(2) shall be deemed to be replaced with "the description, scope of  claims or drawings of an international 
application as of the international applic ation date under Article 184-4(1) of this 
Act or Article 48-4(1) of the Utility Model A ct,"; the term "the said paragraph" in 
the said paragraph shall be deemed to be replaced with "the preceding paragraph"; 
the term "the description, scope of clai ms for patent or utility model registration 
and drawings originally attached to the ap plication in the earlier application," in 
Article 41(3) shall be deemed to be replac ed with "the description, scope of claims 
or drawings of an international applicatio n of the earlier application as of the 
International Application Date under Articl e 184-4(1) of this Act or Article 48-4(1) 
of the Utility Model Act," "the said paragraph" in Article 41(3) shall be deemed to be replaced with "paragraph(1)"; the term "the laying open of the patent application relating to" in Article 41(3) s hall be deemed to be replaced with "the 
international publication under Article 21 of  the patent Cooperation Treaty signed 
in Washington on June 19, 1970 relating to,"; and the term "when the time limit provided in Ordinance of the Ministry of  Economy, Trade and Industry from the 
filing date has lapsed" in Article 42(1) sha ll be deemed to be replaced with "at the 
later of the time of the National Proce ssing Standard Time under Article 184-4 (6) 
of this Act or Article 48-4(6) of the Utility Model Act or the time when the time limit provided in Ordinance of the Minis try of Economy, Trade and Industry has 
lapsed from the International Application Date under Article 184-4 (1) of this Act 
or Article 48-4 (1) of the Utility Model Act". 
 
(Special provision concerning conversion of application) 133 Article 184-16  An international applicat ion that has been deemed to be an 
application for utility model registration under Article 48-3(1) or 48-16(4) of the 
Utility Model Act may be converted to a pa tent application, only after the fees 
payable under Article 54(2) of the said Act have been paid (or, in the case of an international application that is deemed  to be a Utility Model registration 
application under Article 48-16(4) of the sa id Act, after the ruling as provided in 
Article 48-16(4) has been rendered), and, in the case of a Utility Model Registration Application in Japanese Language under A rticle 48-5(4) of the said Act, the 
procedures under Article 48-5(1) of the said  Act has been completed, or, in the case 
of a Utility Model Registration Applicatio n in Foreign Language under 48-4(1) of 
the said Act, the procedures under Articl e 48-4(1) or 48-4(4) and Article 48-5(1) 
and of the said Act have been completed. 
 
(Restriction on the time for request for examination of application) 
Article 184-17  A request for an examination of an international patent application 
shall not be allowed unless, for an applicant of the international patent application, 
the procedure under Article 184-5 in the ca se of a patent application in Japanese 
language or the procedures under Article 184-4(1) or (4) and 184-5(1) in the case 
of a patent application in foreign lang uage have been taken and the fee payable 
under Article 195(2) has been paid, and, for any person who is not the applicant of the international patent application, the Time Limit for the Submission of 
National Documents (in the case of a pate nt application in foreign language under 
the proviso to Article 184-4(1), the Special time limit for the Submission of Translation) has lapsed. 
 
(Provisions for reasons for refusal, etc.) 
Article 184-18  For the purpose of an examiner's decision of refusal, an opposition 
to a granted patent, and an invalidation trial , with respect to a patent application 
in foreign language, the term "foreign-l anguage-written-application" in Articles 
49(vi), 113(i) and (v), and 123(1)(i) and (v) shall be deemed to be replaced with "patent application in foreign language re ferred to in Article 184-4(1)," and the 
term "in foreign-language-documents" in Article 49(vi), 113(v), and 123(1)(v) shall 
be deemed to be replaced with "in the des cription, scope of claim(s) or drawing(s) 
of the international application as of the international application date referred to in Article 184-4(1)." 
 134 (Special provisions concerning correction) 
Article 184-19  For the purpose of the reque st for correction under Article 120-5(2) 
and134-2(1) and the request for a correcti on trial with respect to a patent 
application in foreign language, the term  "foreign-language-written-application" 
in Article 126(5) shall be deemed to be replaced with "foreign-language-written-application referred to in Article 184-4(1)" and the term "foreign-language-documents)" shall be deemed to be replaced  with "the description, scope of claim(s) 
or drawing(s) of the international applic ation as of the international application 
date referred to in Article 184-4(1))." 
 (International applications deemed to be patent applications by decision) 
Article 184-20  (1) Where a refusal under Article 25(1)(a) of the Treaty or a 
declaration under Article 25(1)(a) or (b) of the Treaty has been made by the receiving Office under Article 2(xv) of the Treaty, or a finding under Article 25(1)(a) of the Treaty has been made by the International Bureau under Article 2(xix) of the Treaty in relation to an in ternational application (a patent application 
only) which specifies Japan as a designated  State under Article 4(1)(ii) of the 
Treaty, the applicant of the international application under Article 2(vii) of the 
Treaty may make a request to the effect that  the Commissioner of the Patent Office 
shall render a decision under Article 25(2)(a) of the Treaty in accordance with Ordinance of the Ministry of Economy, Trade and Industry within the time limit provided in Ordinance of the Ministry of Economy, Trade and Industry. 
(2) A person making a request under the preceding paragraph with regard to an 
international application in foreign lang uage shall submit at the time of the 
request to the Commissioner of the Pa tent Office Japanese translations of 
documents concerning the international application as required by Ordinance of 
the Ministry of Economy, Trade and Indust ry, including the description, scope of 
claims, drawings (limited to the explanations in the drawings), and abstract. 
(3) Upon receiving the request under paragraph (1), the Commissioner of the Patent 
Office shall rule on whether the refusal, declaration or finding relating thereto was 
justified under the provisions of the Trea ty and the Regulations under the Patent 
Cooperation Treaty. 
(4) Where the Commissioner of the Patent Office has rendered a ruling under the 
preceding paragraph to the effect that the refusal, declaration or finding under the 
said paragraph was not justified under the provisions of the Treaty and the Regulations under the Patent Cooperatio n Treaty, the international application 135 for which the decision is rendered shall be deemed to be a patent application filed 
on the day which would have been be accorded as the international application date if no such refusal, declaration or finding had been made for the international 
application. 
(5) For the purpose of laying open of an in ternational application that is deemed to 
be a patent application under the preceding paragraph, the term "the date of the filing of a patent application" in Article 64( 1) shall be deemed to be replaced with 
"the priority date under Article 184-4(1) ", the term "foreign-language-written-
application" and "foreign-language-documents and the Abstract in foreign language" in Article 64(2)(vi) shall be d eemed to be replaced with "international 
application in foreign language " and "des cription, scope of claim, drawing and 
abstract of an international application filed on the day to be accorded as the International application Date under Article 184-20(4)". 
(6) Article 184-3(2), 184-6(1) and (2), 184-9(6), 184-12 to 184-14, 184-15(1), (3) and 
(4), 184-17 to 184-19 shall apply mutatis mutandis to an international application that is deemed to be a patent application under paragraph (4). In such a case, the replacement of terms necessary for the app lication of the said provisions shall be 
made as prescribed by Cabinet Order. 
 
Chapter X Miscellaneous Provisions (Article 185 to Article 195-4) 
 
(Special provisions for patent or pate nt right covering two or more claims) 
Article 185  Pertaining to the patent or pa tent rights covering two or more claims, 
for the purposes of the application of Articles 27(1)(i),  65(5) (including its mutatis mutandis application under Article 184-10( 2)), 80(1), 97(1), 98(1)(i), 111(1)(ii), 
114(3) (including its mutatis mutandis application under Article 174(1)), 123(3), 
125, 126(8) (including its mutatis mutand is application under Article 134-2(9)), 
128 (including its mutatis mutandis app lication under Articles 120-5(9) and 134-
2(9), Article 174(1), 132(1) (including it s mutatis mutandis application under 
Article 174(3)) or 175, 176 or 193(2)(v) of this  Act, or of Article 20(1) of the Utility 
Model Act, the patent shall be deemed to have been granted, or the patent right shall be deemed to exist, for each claim. 
 
(Request for certificate, etc.) 
Article 186  (1) Any person may file a request with regard to patents to the 
Commissioner of the Patent Office to issue a certificate, a certified copy of 136 documents or an extract of documents, to  allow the inspection or copying of 
documents, or to issue documents stored on  the magnetic tapes that constitute the 
part of the Patent Registry; provided, howe ver, that if the Commissioner of the 
Patent Office considers it necessary to keep such documents confidential, this 
provision shall not apply in the case of the following documents: 
(i) an application, or the description, scope of claims, drawings or abstract attached 
to an application, foreign-language-do cuments, a foreign-language-abstract or 
any document pertaining to the examination of a patent application (except where the establishment of a patent ri ght has been registered or where the 
laying open of a patent application has  been effected), or the materials under 
Article 67-5(2); 
(ii) documents concerning an advisory opin ion on the technical scope of a patented 
invention, with respect to which a party in  the case has given notice that a trade 
secret owned by the said party in the case has been described; 
(iii) documents concerning an appeal agai nst an examiner's decision of refusal 
(except where the establishment of the patent right has been registered or where the laying open of a patent application has been effected); 
(iv) documents concerning an invalidation trial, a trial for invalidation of the 
registration of extension of the duration or a retrial of the final and binding trial 
decision in the such trials, with respect to  which a party in the case or intervenor 
has given notice that a trade secret owne d by the said party in the case or 
intervenor has been described (trade secre t as provided in Article 2(4) of the 
Unfair Competition Prevention Act (Act No. 47 of 1993)); 
(v) documents which are liable to cause da mage to an individual's reputation or 
peaceful life; and 
(vi) documents which are liable to cause damage to public order or morality. 
(2) Where the Commissioner of the Patent Office approves of the request under the 
main clause of the preceding paragraph with regard to the documents as provided in items (i) to (v) of the said paragraph,  the Commissioner of the Patent Office 
shall notify the person who submitted the said documents thereof and reasons therefor. 
(3) Provisions of the Act on Access to In formation Held by Administrative Organs 
(Act No. 42 of 1999) shall not apply to the documents concerning patents and the part of the Patent Registry stored on magnetic tapes. 
(4) Provisions in Chapter 4 of the Act on Protection of Personal Information 
Possessed by Administrative  Organs (Act No. 58 of 2003) shall not apply to the 137 possessed personal information (refers to  the possessed personal information as 
provided in Article 2(5) of the said Act) recorded in the documents concerning patents and the part of the Patent Registry stored on magnetic tapes. 
 
(Mark of Patent) 
Article 187  A patentee, exclusive licensee or non-exclusive licensee shall make 
efforts to place a mark (hereinafter referred to as a "mark of patent") as provided 
by Ordinance of the Ministry of Econom y, Trade and Industry, on the patented 
product, product produced by the patent ed process (hereinafter referred to as a 
"patented product"), or package thereof, indi cating that the product or process is 
patented. 
 
(Prohibition of false marking) 
Article 188  It shall be prohibited for a person to do the following acts: 
(i) putting a mark of patent or a mark confusing therewith on or in a non-patented 
product or the packaging thereof; 
(ii) assigning, etc. or displaying for the purpose of assignment, etc. a non-patented 
product or the packaging thereof on or in which a mark of a patent or a mark confusing therewith is put; 
(iii) giving in an advertisement an indica tion to the effect that a non-patented 
product is related to a patent or an indication confusing therewith for the 
purpose of having the product produced or used, or assigning, etc. the product; or 
(iv) giving in an advertisement an indica tion to the effect that a non-patented 
process is related to a patent or an indication confusing therewith for the 
purpose of having the process used, or assigning or leasing the process. 
 
(Service) 
Article 189  Documents to be served shall be as provided in this Act and by 
ordinance of the Ministry of Economy, Trade and Industry. 
 Article 190  Articles 98(2), 99 to 103, 105, 106, 107(1) (excluding items (ii) and (iii)), 
107(3) and 109 (Service) of the Code of Civil Procedure shall apply mutatis mutandis to the service of documents as provided in this Act or Ordinance of the 
Ministry of Economy, Trade and Industry under the preceding Article. In this case, the term "a court clerk" in Articles 98(2) and 100 of the Code of Civil Procedure 138 shall be deemed to be replaced with " an official designated by the Commissioner 
of the Patent Office or a trial clerk", th e term "mail or court enforcement officer" 
in Article 99(1) of the said Act shall be d eemed to be replaced with "mail", the term 
"where ... the court clerk" in Article 107(1) of the said Act shall be deemed to be replaced with "where ... and where docu ments concerning the examination are to 
be served, an official designated by the Co mmissioner of the Patent Office or a trial 
clerk" and the term "Supreme Court Rules"  in Article 107(1) of the said Act shall 
be deemed to be replaced with "an Ordi nance of the Ministry of Economy, Trade 
and Industry". 
 Article 191  (1) Where the domicile or residence of the person who is to be served or 
any other place to which service is to be made is unknown, or where the service is 
unable to be effected under Article 107(1) (exc luding items (ii) and (iii)) of the Code 
of Civil Procedure as applied mutatis mu tandis under Article 190 of this Act, 
service may be effected by public notification. 
(2) Service by public notification shall be  effected by publishing in the Official 
Gazette and the patent gazette and posting on the noticeboard of the Patent Office 
a notification stating the fact that document s to be served are ready to be served 
at any time to the person who is to be served. 
(3) Service by public notification shall take  effect following the duration of 20 days 
from the day the notification is published in the Official Gazette. 
 Article 192  (1) Where an overseas reside nt has a patent administrator, service 
shall be made to the patent administrator. 
(2) Where an overseas resident has no patent administrator, documents may be 
dispatched by registered mail, etc. (r efers to registered mail or service of 
correspondence delivery that is prescribe d 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) Where documents are dispatched by re gistered mail, etc., under the preceding 
paragraph, the documents shall be deemed to have been served at the time of dispatch. 
 
(Patent Gazette) 
Article 193  (1) The Patent Office shall p ublish the patent gazette (Tokkyo Koho). 
(2) In addition to the matters provided fo r in this Act, the patent gazette shall 139 contain: 
(i) the examiner's decision to the effect that  an application is to be refused, or the 
waiver, withdrawal or dismissal of a pate nt application after the laying open of 
the patent application, or the withdrawal  of an application for the registration 
of an extension of the duration of a patent right; 
(ii) successions to the right to obtain a patent after the laying open of a patent 
application; 
(iii) amendments of the description, scop e of claims or drawings attached to an 
application under Article 17-2(1) after the laying open of a patent application (in 
the case of an amendment under any of the items in the proviso to the said paragraph, limited to an amendment made through the submission of a statement of correction of an incorrect translation); 
(iv) A request for the examination of  an application under Article 48-3(5) 
(including its mutatis mutandis applic ation under paragraph (7) of the said 
Article) 
(v) the extinguishment of patent rights (e xcluding extinguishment upon expiration 
of the duration and under Article 112(4) or 112(5)) or the restoration thereof 
(limited to restoration under Article 112-2(2)); 
(vi) an opposition to a granted patent or trials or retrials, or withdrawals thereof;  
(vii) final and binding ruling on an opposition to a granted patent, final and 
binding trial decisions or final and bindin g retrial decisions (limited to patent 
applications in which the establishment of  a patent right has been registered or 
which have been laid open); 
(viii)  matters stated in the corrected description and scope of claims and the 
contents of drawings (limited to thos e corrected following a final and binding 
trial decision to the effect that the correction was to be made); 
(ix) requests for an award, the withdrawal thereof or a Commissioner's decision; 
and 
(x) final and binding judgments in an action under Article 178(1) (limited to cases 
where the establishment of a patent right has been registered or the laying open of the patent application has been effected). 
 
(Submission of documents, etc.) 
Article 194  (1) The Commissioner of the Pa tent Office or the examiner may request 
a party in a case to submit documents or  other materials necessary for a procedure 
other than one relating to an opposition to  a granted patent, a trial or a retrial. 140 (2) The Commissioner of the Patent Office or the examiner may commission related 
administrative agencies, educational inst itutions or any other organizations to 
conduct an investigation necessary for an examination. 
 
(Fees) 
Article 195  (1) Fees shall be paid by the following persons in an amount to be 
provided by Cabinet Order in view of the actual costs: 
(i) persons filing a request for an extension of the duration under Article 4, 5(1), 
108(3), or a change of the date under Article 5(2); 
(ii) persons filing a request for the re -issuance of the certificate of patent; 
(iii) persons notifying of succession under Article 34(4); (iv) persons filing a request for the issuance of a certificate under Article 186(1); (v) persons filing a request for the issuance of a certified copy of documents or an 
extract of documents under Article 186(1); 
(vi) persons filing a request to allow the inspection or copying of documents under 
Article 186(1); and 
(vii) persons filing a request for the issuance of documents whose contents are 
stored on the magnetic tapes that constitute the part of the Patent Registry under Article 186(1). 
(2) The persons listed in the center column of the attached table shall pay fees in the 
amount as provided by Cabinet Order wi thin the range of the amounts specified 
in the corresponding right-hand column of the table. 
(3) Notwithstanding the provisions of th e preceding paragraph, where, after a 
request for the examination of an application has been filed by a person who is not the applicant of the patent, the number of claims is increased due to the amendment of the scope of claims attached to the application in the said patent application, the fees for the request for the examination of the patent application 
payable under the preceding paragraph regarding the increased claims shall be paid by the applicant of the patent. 
(4) The three preceding paragraphs shall not apply where the person to pay the fee 
in accordance with these paragraphs is the State. 
(5) Where the State has joint ownership of a patent right or a right to obtain a patent 
with a person other than the State, and th e portion of their respective shares of 
the said right has been agreed, notwithst anding the provisions of paragraph (1) or 
(2), the fees payable thereunder (limit ed to those provided by Cabinet Order 
excluding the fees for the request for an examination) shall be determined as the 141 sum of the provided fees under these prov isions multiplied by the ratios of the 
share of each person other than the State, and, the person(s) other than the State shall pay such sum. 
(6) Where the State has joint ownership of a right to obtain a patent with person(s) 
including a person entitled to receive a re duction of the fees for the request for an 
examination or exemption therefrom under  the following Article or Article 195-2-
2 or provisions of any other laws and ordinances (hereinafter in this paragraph 
referred to as a "reduction/exemption"), and the portion of their respective shares 
of the said right has been agreed, notwiths tanding the provisions of paragraph (2), 
the fees for the request for an examination payable by such person for their right 
to obtain a patent thereunder shall be determined as the sum of the amounts calculated for each person other than the State jointly owning the right, by multiplying the applicable fees for the request for an examination provided 
thereunder (in the case of a person who receives the reduction or exemption, the amount after the said reduction/exemption ) by the ratios of the share of each 
person other than the State, and the person(s) other than the State shall pay such sum. 
(7) Where the amount of the fees calculat ed under the two preceding paragraphs has 
a fractional figure of less than ten yen,  the said portion shall be discarded. 
(8) The payment of the fees under paragraphs (1) to (3) shall be made by patent 
revenue stamps as provided by Ordinance of the Ministry of Economy, Trade and 
Industry; provided, however, that where so  provided by Ordinance of the Ministry 
of Economy, Trade and Industry, a cash payment thereof shall be accepted. 
(9) After the request for examination of an application, where the said patent 
application has been waived or withdraw n, upon the request of the person who 
paid the fees for the request for examination under paragraph (2), such fees in the amount prescribed by Cabinet Order shall be  refunded, provided that the certified 
copy of the examiner's decision has not been served, and none of the following orders or notices has been made. 
(i) an order under Article 39(6); (ii) notice under Article 48-7; (iii) notice under Article 50; and (iv) service of a certified copy of the examiner's decision under Article 52(2). 
(10) No request for a refund of fees under the preceding paragraph may be filed after 
six months from the date on which a patent application has been waived or withdrawn. 142 (11) Fees paid in excess or in error shall be refunded upon the request of the person 
who made payment thereof. 
(12) No request for a refund of the fees under the preceding paragraph may be filed 
after one year from the date on which the payment thereof has been made. 
(13) Where, due to reasons beyond the control of a person who makes a request for a 
refund of fees under paragraph (9) or paragraph (11), the person is unable to make the request within the time limit as prov ided in paragraph (10) or the preceding 
paragraph, the person may, notwithstanding these provisions, make the request within 14 days (where overseas resident, within two months) from the date on which the reasons ceased to be applicable,  but not later than six months following 
the expiration of the time limit under these provisions. 
 
(Reduction of or exemption from fees fo r request for examination of application) 
Article 195-2  Where the Commissioner of the Patent Office recognizes that a 
person who files a request for exami nation of an application and meets the 
requirements of Cabinet Order consid ering his/her financial resources has 
difficulties paying the fees for a request for the examination of an application, the 
Commissioner of the Patent Office may, in accordance with Cabinet Order, grant 
the person a reduction of or exemption from the payment of the fees for the request for the examination of the person's own patent application payable under paragraph (2) of the preceding Article. 
 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 person's own patent application and falls within the category of person 
specified by Cabinet Order under Articl e 109-2(1), a reduction of, or exemption 
from, the fees for the request for the exam ination for the application payable under 
Article 195(2). 
 
(Exclusion of application of Administrative Procedures Act) 
Article 195-3  Chapters II and III of the Ad ministrative Procedur es Act (Act No. 88 
of 1993) shall not apply to dispositions under this Act or an order issued under this Act. 
 
(Restriction on request for review under provisions of Administrative Complaint 
Review Act) 143 Article 195-4  No request for review shall be available under the provisions of the 
Administrative Complaint Re view Act with regard to  an examiner's decision, 
revocation decision, or a trial decision , or a ruling to dismiss a statement of 
opposition to a granted patent, a written re quest 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  (Article 196 to Article 204) 
 
(Crime of infringement) 
Article 196  An infringer of a patent righ t or exclusive license (excluding one who 
has committed an act that shall be deemed to constitute infringement of a patent 
right or an exclusive license under Article 101) shall be punished by imprisonment 
with work for a term not exceeding ten years or a fine not exceeding 10,000,000 
yen or combination thereof. 
 Article 196-2  Any person who has committed an act that shall be deemed to 
constitute infringement of a patent right or an exclusive license under Article 101 
shall be punished by imprisonment with work for a term not exceeding five years 
or a fine not exceeding 5,000, 000 yen or combination thereof. 
 
(Crime of fraud) 
Article 197  Any person who has obtained a patent, a registration of extension of 
the duration of a patent right, a ruling on  an opposition to a granted patent or a 
trial decision by means of a fraudulent act shall be punished by imprisonment with work for a term not exceeding three year s or a fine not exceeding 3,000,000 yen. 
 
(Crime of false marking) 
Article 198  A person(s) who fails to comp ly with Article 188 shall be punished by 
imprisonment with work for a term no t exceeding three years or a fine not 
exceeding 3,000,000 yen. 
 
(Crime of perjury, etc.) 
Article 199  (1) A witness, an expert witn ess or an interpreter who has sworn under 
this Act and made a false statement or given an expert opinion or interpretation 144 to the Patent Office or the court commissioned thereby shall be punished by 
imprisonment with work for a term between three month and ten years. 
(2) Where a person who has committed the crime in the preceding paragraph has 
made a voluntary confession before a certi fied copy of the judgment on the case 
has been served, or a ruling on an opposition to a granted patent or a trial decision has become final and binding, the punishment may be reduced or exculpated. 
 
(Crime of divulging secrets) 
Article 200  A present or former official of the Patent Office who has divulged or 
appropriated any secret relating to an invention claimed in a pending patent 
application that has become known to him/ her in the course of performing his/her 
duties shall be punished by imprisonment  with work 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.  
(Crime of breach of protective order) 
Article 200-3  (1) A person who fails to co mply with a protective order shall be 
punished by imprisonment with work for a term not exceeding five years or a fine 
not exceeding 5,000,000 yen or combination thereof. 
(2) The prosecution of the crime under the preceding paragraph may not be initiated 
unless a complaint is filed. 
(3) The crime under paragraph (1) shall apply to a person who commits the crime 
outside Japan. 
 
(Dual liability) 
Article 201  (1) Where a representative of a juridical person or an agent, employee 
or other worker of a juridical person or an individual has committed in the course of performing his/her duties for the juri dical person or individual, any act in 
violation prescribed in the following items, in addition to the offender, the juridical person shall be punished by a fine as pr ovided in the corresponding item and the 
individual shall be punished by a fine as  provided in the Article prescribed in the 
corresponding item: 145 (i) Article 196, Article 196-2 or 200-2(1), a fine not exceeding 300 million yen; and 
(ii) Article 197 or 198, a fine not exceeding 100 million yen. 
(2) In the case of the preceding paragraph, the complaint under Article 200-2(2) 
against the offender shall have effect on the juridical person or individual and the complaint against the juridical person or individual shall have effect on the offender. 
(3) Where a fine is imposed on a juridical person or individual under Article 200-2(1) 
with regard to a violation of Article 196, 196-2 or 200-2(1), the period of prescription shall be governed by the same  rules as for crimes in the provisions 
thereof. 
 
(Civil fine) 
Article 202  Where a person who has sworn und er Article 207(1) of the Code of Civil 
Procedure as applied under Article 151 (including its mutatis mutandis 
application under Articles 71(3), 120 (inc luding its mutatis mutandis application 
under Article 174(1)) and 174(2) to (4) of this Act) has made a false statement before the Patent Office or  a court commissioned thereby,  the said person shall be 
punished by a civil fine not exceeding 100,000 yen. 
 Article 203  A person(s) who has been summoned by the Patent Office or a court 
commissioned thereby in accordance with th is Act, and fails to appear or refuses 
to swear, make a statement, testify, gi ve an expert opinion or interpret without a 
justifiable reason shall be punished by  a civil fine not exceeding 100,000 yen. 
 Article 204  A person(s) who has been ordered by the Patent Office or a court 
commissioned thereby to submit or present documents or other materials for the purpose of examination or preservation of evidence in accordance with this Act and 
fails to comply with the order without a justifiable reason shall be punished 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 146  
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 through 
the submission of a statement of 
correction of incorrect translation  
19,000 yen per case 
 
11  
A person requesting an advisory 
opinion under Article 71(1)  
40,000 yen per case 
 
12  
A person requesting an award  
55,000 yen per case 147  
13  
A person requesting canceling of an award  
27,500 yen per case 
 14  
a patent opponent  
16,500 yen per case plus 2,400 yen 
per claim 
 
15  
a person applying intervention in proceedings on an opposition to a 
granted patent  
11,000 yen per case 
 
16  
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 
 
17  
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 against the final and binding 
administrative judge's decision in 
these trials.  
55,000 yen per case 
 
18  
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 
 
19  
A person applying intervention in a 
trial or retrial.  
55,000 yen per case