IP/N/1/JPN/P/9  
 
24 June 2013  
(13-3266)  Page: 1/67  
Council for Trade-Related Aspects 
of Intelectual Property Rights  Original: English/anglais/inglés  
 
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
JAPAN 
The present document reproduces the updated text1 of the Patent Act (Act No. 121 of 
13 April 1959, as amended up to the revisions of Act No. 63 of 2011), which entered into force on 
1 April 2012, as notified by Japan on 10 April 2013 under Article 63.2 of the Agreement (see document IP/N/1/JPN/12). 
 
 
Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce 
 
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À 
LA PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
JAPON 
Le présent document contient le texte actualisé1 de la Loi sur les brevets (Loi n° 121 du 
13 avril 1959, modifiée en dernier lieu par la Lo i n° 63 de 2011), qui est entrée en vigueur le 
1er avril 2012, et a été notifiée par le Japon le 10 avril 2013 au titre de l'article 63:2 de l'Accord 
(voir le document IP/N/1/JPN/12). 
 
 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO 
JAPÓN 
En el presente documento se reproduce el texto actualizado1 de la Ley de Patentes (Ley N° 121 
de 13 de abril de 1959, modificada la última vez por la Ley N° 63 de 2011), que entró en vigor 
el 1° de abril de 2012 y fue notificado por el Japón el 10 de abril de 2013 en virtud de lo dispuesto en el párrafo 2 del artículo 63 del Acuerdo (véase el documento IP/N/1/JPN/12). 
                                               
1 In English only. The text in the original language is available for consultation by interested Delegations 
at the WTO Secretariat./En anglais seulement. Les délégations intéressées peuvent consulter le texte dans sa 
langue d'origine, au Secrétariat de l'OMC./En inglés so lamente. Las delegaciones in teresadas podrán consultar 
en la Secretaría de la OMC el texto en su idioma original. IP/N/1/JPN/P/9 
 
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Patent Act (Act No. 121 of April 13, 1959) 
 
 
Table of Contents 
Chapter I General Provision (Article 1 and 28) 
Chapter II Patents and Patent Applications (Article 29 to 46-2) 
Chapter III Examination (Article 47 to 63) Chapter III-2 Laying Open of A pplications (Article 64 to 65) 
Chapter IV Patent Rights 
Section 1 Patent Rights (Article 66 to 99) 
Section 2 Infringement of rights (Article 100 to 106) Section 3 Patent Fees (Article 107 to 112-3) 
Chapter V (Deleted) 
Chapter VI Appeals and Trials (Article 121 to 170) Chapter VII Retrial (Article 171 to 177) 
Chapter VIII Litigation (Article 178 to 184-2) 
Chapter IX Special Provisions Concerning  International Applications under the 
Patent Cooperation Treaty (Article 184-3 to 184-20) 
Chapter X Miscellaneous Provisions (Article 185 to 195-4) 
Chapter XI Penal Provisions (Article 196 to 204) 
Supplementary Provisions 
 
 この特許法の翻訳は、平成二十三年法律第六十三号までの改正（平成２４年４月１日施行）について作
成したものです。  
この法令の翻訳は公定訳ではありません。法的効力を有するのは日本語の法令自体であり、翻訳はあく
までその理解を助けるための参考資料です。この翻訳の利用に伴って発生した問題について、一切の責任
を負いかねますので、法律上の問題に関しては、官報に掲載された日本語の法令を参照してください。  
 
  This English translation of the Patent Act has been prepared (up to the revisions of Act No. 63 of 2011 (Effective April 1, 2012)). 
  This is an unofficial translation. Only the original Japanese texts of laws and regulations 
have legal effect, and the translations are to be used solely as reference material to aid in the understanding of Japanese laws and regulations.  
  The Government of Japan shall not be responsible for the accuracy, reliability or currency 
of the legislative material provided in this Website, or for any consequence resulting from use of the information in this Website. For all purposes of interpreting and applying law to 
any legal issue or dispute, users should consult the original Japanese texts published in the 
Official Gazette. 
 IP/N/1/JPN/P/9 
 
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  Chapter I General Provisions 
 
 (Purpose) 
Article 1  
 The purpose of this Act is, through promoting the protection and the utilization of inventions, 
to encourage inventions, 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 product (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 telecommunication line, the same shall apply hereinafter), exporting or importing, or offering 
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 process 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 assignment, 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 computer which are combined in order to produce a specific result, hereinafter 
the same shall apply in this paragraph) and any other information that is to be processed by an electronic computer equivale nt to a computer program. 
 
 (Calculation of time periods) 
Article 3   (1) The calculation of time periods 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 years. Where the pe riod is not calculated from the beginning of a 
month or a year, the period shall expire on th e preceding day of the day corresponding to the 
first day of the calculation in the last month or year; provided, however, that where there 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 period 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 th e 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 area with transportation difficulty. 
 
Article 5  
 (1) Where the Commissioner of the Patent Office, the chief appeal examiner, or the examiner has 
designated a time 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 appeal examiner has designated a specific date under this Act, the said official 
may, upon request or ex officio, change such date. 
 IP/N/1/JPN/P/9 
 
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   (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 a request for a invalidation trial or a trial for invalidation of the registration of extension 
of duration; and 
 (iii) file a request for a retrial in accordance with Article 171(1), against a final and binding 
decision in a 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 against a final and binding decision in a invalidation trial or a trial for invalidation of the 
registration of extension of duration. 
 
 (Capacity of minors or adult wa rds 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 undertakes procedures, the consent of a curator is 
required. 
 (3) Where a statutory representative undertakes procedures, the consent of a supervisor of the 
guardian, if any, is required. 
 (4) Where an adverse party files a request for a trial or retrial involving a person under 
curatorship or a statutory representative, the preceding two paragraphs shall not apply. 
 
 (Patent administrators for overseas residents) 
Article 8   (1) Unless otherwise provided for by Cabinet Order, no person domiciled or resident (or, in the 
case of a juridical person, with a business office) outside Japan (hereinafter referred to as an 
"overseas resident") may undertake procedures or  institute action against 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 represent the pr incipal in all procedures and litigation against 
measures taken by any relevant administrative agen cy in accordance with the provisions of this 
Act or an order issued under this Act; provided, however, that this shall not apply 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, convert, waive or withdraw a patent application, withdraw an application for registration of 
extension of the duration of a patent right, withdraw a request, application or motion, make or 
withdraw a priority claim under Article 41(1), file a patent application based on a registration of 
a utility model in accordance with Article 46-2(1), file a request for laying open of an application, file a request for a 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 representation 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 trust duties of a trustee who is the principal, the death of a legal representative, or change or extinction of the statutory representative's 
authority of representation. IP/N/1/JPN/P/9 
 
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 (Independent representation by representatives) 
Article 12   
Where there are two or more representatives acting for a person who undertakes procedures, 
each representative may represent the principal before the Patent Office. 
 
 (Replacement of representatives, etc.) 
Article 13  
 (1) When the Commissioner of the Patent Office or the chief appeal examiner finds that a person 
undertaking procedures is not competent or su itable for undertaking such procedures, the 
official may order the person to undertake the procedures through a representative. 
 (2) When the Commissioner of the Patent Office or the chief appeal examiner 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 appeal examiner may order that a patent attorney be the representative. 
 (4) The Commissioner of the Patent Office or the chief appeal examiner 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 patent 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 request for laying open of an application, 
and the request for a appeal against an examiner'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 other right relating to the patent of an overseas resident, the 
location of the property 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. 
 
 (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 person under curatorship obtains the approval of his curator. 
 (4) Any procedures undertaken by a statutory 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 procedure 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 the corrected description, scope of claims or drawings attached to the written request for correction or a correction trial under Article 134-2(1), unless an amendment may be made pursuant to the provisions the 
following Article to Article 17-4 inclusive. IP/N/1/JPN/P/9 
 
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   (2) Notwithstanding the main clause of the preceding paragraph, an applicant of a foreign-
language-written-application as provided 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 time 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 th e formal requirements prescribed by this Act or 
an order thereunder; and 
 (iii) where the fees relating to the procedures 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, ex cept 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 descri ption, scope of claims, or  drawings attached to 
the application, 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 first 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(1))and Article 163(2), hereinafter the same shall apply in this paragraph) and the said amendment is ma de within the designated time limit under 
Article 50;] 
 (ii) where, following the receipt of the notice 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 notice 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 a a ppeal 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-language-written-application as provided in Article 36-2(2) 
amends the description, scope of claims or dr awings 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 amendmen t is made through the submission of a statement 
of correction of an incorrect translation, any am endment of the description, scope of claims or 
drawings under paragraph (1) shall be made within the scope of the matters described in the description, scope of claims or drawings originally attached to the application (in 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(6)  (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 determination on its patentability is stated in the notice of reasons for refusal received prior to making the amendment and the invention constitu ted by the matters described in the amended 
scope of claims shall be of a group of inventions recognized 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 ca se 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 reasons 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 (limited 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 IP/N/1/JPN/P/9 
 
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  the industrial applicability 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 statement (limited to the matters stated in the reasons for 
refusal in the notice 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 one year 
and three months (excluding the period after a request for laying open of application is filed) 
from the filing date 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 under Article 43(1), 43-
2(1) or 43-2(2), the filing date of the earliest application, a patent 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 Industrial Proper ty 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 Article 41(1), 43(1), 43-2(1) or 43-2(2), the earliest day of the filing dates on which the said priority claims are based, the same shall apply to the main 
clause of Article 36-2(2) and Article 64(1)). 
 
 (Amendment of corrected descriptio n, scope of claims or drawings) 
Article 17-4  
 (1) The demandee of a invalidation trial may amen d the corrected description, scope of claims or 
drawings attached to the written request for correction under Article 134-2(1) only within the time limit designated under Article 134(1) or 134(2), 134-2(5), 134-3, 153(2) or 164-2(2). 
 (2) The demandant of a correction trial may 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 has 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 amendment 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 obtaining 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) 
Article 18-2   (1) The Commissioner of the Patent Office shall dismiss a procedure where the procedure is 
unlawful and not amendable. 
 (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 give the said person an opportunity to submit a document stating an 
explanation (hereinafter referred to as a "stateme nt 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 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 Office at the date and time when such application or item is presented to the IP/N/1/JPN/P/9 
 
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  post office if such date and time are proven by the receipt of the mail, at the date and time of 
the date stamp on the mail if such date and time are clearly legible, or at noon of the day of the 
date stamp on the mail 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 right relating to a patent is transferred while a case is pending 
before the Patent Office, the Commissioner of the Patent Office or the chief appeal examiner 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 procedur es suspended after a certified copy of a ruling, 
an examiner's decision or a trial decision has been served is filed, the Commissioner of the 
Patent Office or the appeal examiner shall render a ruling on whether the resumption shall be 
accepted. 
 (2) The ruling under the preceding paragraph shall be made in writing and state the grounds 
therefor. 
 
Article 23   (1) Where a procedure for an examination, 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 appeal examiner shall, upon a motion or ex officio, order the said person to resume the procedure and designate an adequate time limit for this purpose. 
 (2) Where the resumption does not occur within the time limit designated under the preceding 
paragraph, the resumption may be deemed by the Commissioner of the Patent Office or the 
appeal examiner 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 Patent Office or the chief ap peal examiner 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, 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 with the 
examination, 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 appeal examiner", the term 
"court" in Articles 128(1) and 131 of the said Code shall be deemed to be replaced with 
"commissioner of the patent office or the appeal examiner", 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 the foreign national allows Japanese 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 national 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. 
 IP/N/1/JPN/P/9 
 
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   (Effect of treaties) 
Article 26   
Where specific provisions relating 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 duration , 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, the same shall apply hereinafter). 
 (3) In addition to those prescribed in this Act, matters relating to registration shall be prescribed 
by Cabinet Order. 
 
 (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 establishment of a patent right has b een registered, where the transfer of a patent 
right has been registered based on a request under Article 74(1), or where 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 patent sha ll be prescribed by Ordinance of the Ministry of 
Economy, Trade and Industry. 
 
Chapter II Patents and Patent Applications 
 
 (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 distributed 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 applic ation, 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 pa tent shall not be granted for such an invention 
notwithstanding the preceding paragraph. 
 
Article 29-2   
Where an invention claimed in a patent application is identical with an invention or device 
(excluding an invention or device made by the inventor of the invention claimed in the said 
patent application) disclosed in the description, scope of claims for a patent or utility model 
registration or drawings (in the case of a foreign-language-written-application under Article 36-2(2), foreign-language-documents as provided in Article 36-2(1)) originally attached to the 
application of another application for a patent or for a utility model registration which has been 
filed prior to the date of filing of the said pate nt 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 "utility model bulletin") IP/N/1/JPN/P/9 
 
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  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 notwithstanding Article 29(1); provided, however, that this shall not apply where, at the time of the filing of the sa id patent application, the applicant of the said 
patent application and the applicant of the other application for a patent or for registration of a 
utility model are the same person. 
 
 (Exception to lack of novelty of invention) 
Article 30  (1) 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 
have 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 six months 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 items of the preceding paragraph by being contained in 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 six months 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 
document 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. 
 
Article 31  Deleted 
 
 (Unpatentable inventions) 
Article 32   
Notwithstanding Article 29, any invention 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 obtain 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 consent 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 provisional non-exclusive licen se 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 where applications for a patent and a utility model 
registration are filed on the same date based on the right to obtain a patent and the right to 
obtain a utility model registration 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 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. IP/N/1/JPN/P/9 
 
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   (6) Where two or more notifications are submitted on the same date regarding successions to the 
right to obtain the same patent based on succession from the same person, any notification(s) by a person(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 right has been registered with regard to a patent 
application pertaining to a provisional exclusive license, the exclusive license shall be deemed to 
have been granted  on patent right to the extent permitted by the contract granting the 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 patent 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 exclusive license shall be deemed to have been granted with regard to the patent right 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 extent 
permitted by the contract granting the said pr ovisional exclusive license; provided, however, 
that this shall not apply 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 where 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-exclusive licensee as provided in the main clause of 
paragraph (4) or paragraph (7) of the followin g Article, a provisional exclusive licensee may 
waive the provisional exclusive 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 right has been registered with regard to a patent 
application pertaining to a provisional 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 
the said provisional non-exclusive license on the said exclusive license to the extent 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 pertaining 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 obtain a patent and a provisional exclusive licensee ) is obtained, or 
where the transfer occurs as a result of general succession including inheritance. IP/N/1/JPN/P/9 
 
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   (5) Where a priority claim under Article 41(1) is made based on the invention described in the 
description, scope of claims or drawings (in the case of the earlier application being the foreign-language-written-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 paragraph (1) or Article 34-
2(4), or 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 
the patent right to be obtained based on the right to obtain a patent pertaining to the patent 
application containing the said priority claim to the 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. 
 (6) Where a patent application pertaining to a provisional non-exclusive license is divided 
pursuant to Article 44(1), the provisional non-exclusive license shall be deemed to have been granted to a person 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 application pertaining 
to the division of the said patent application to the 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. 
 (7) Where a provisional exclusive license on a pate nt 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 
application") 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 exclusive license to be obtained based on the said provisional exclusive license 
pertaining to the new patent application to the 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. 
 (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 applic ation to the 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 pertaining to a provisional non-exclusive license under Article 5-2(1) of the Design Act (Act No.125 of 1959), the provisional no n-exclusive license shall be deemed to have 
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 application to the 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. 
 (10) A provisional non-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 where an examiner's decision or trial decision has become final and conclusive 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 (except 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. IP/N/1/JPN/P/9 
 
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   (2) Matters of general succession including inheritance under the preceding paragraph shall be 
notified to the Commissioner 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 right to obtain a patent pertaining to the said provisional non-exclusive 
license or a provisional exclusive license, or a provisional exclusive license on the right to obtain 
a patent pertaining to the provisional non-exclusive license. 
  
 (Inventions by Employees) 
Article 35  
 (1) An employer, a juridical person or a national or local government (hereinafter referred to as 
"employer, etc."), 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 patent for an 
invention which, by the nature of the said invent ion, falls within the scope of the business of the 
said employer, etc. and was achieved by an act(s)  categorized as a present or past duty of the 
said employee, etc. performed for the employer, 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 employee, etc., any provision in any  agreement, 
employment regulation or any other stipulation providing in advance that the right to obtain a 
patent or that the patent rights for any invention made by an employee,etc. shall vest in the employer, etc., or that a provisional exclusive li cense 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) Where the employee, etc., in accordance with any agreement, employment regulation or any 
other stipulation, vests the right to obtain a patent or the patent right for an employee invention 
in the employer, etc., or grants an exclusive licen se therefor to the employer, etc., or where an 
exclusive license is deemed to have been grante d pursuant to Article 34-2(2) in the case where 
the employee, etc., in accordance with any ag reement, 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 ha ve the right to receive reasonable value. 
 (4) Where an agreement, employment regulation or any other stipulation provides for the value 
provided in the preceding paragraph, the paym ent of value in accordance with the said 
provision(s) shall not be considered unreasonable in light of circumstances where a negotiation between the employer, etc. and th e employee, etc. had taken place in order to set standards for 
the determination of the said value, the set standards had been disclosed, the opinions of the 
employee, etc. on the calculation of the amount  of the value had been received and any other 
relevant circumstances. 
 (5) Where no provision setting forth the value as provided in the preceding paragraph exists, or 
where it is recognized under the preceding paragraph that the amount of the value to be paid in 
accordance with the relevant provision(s) is unreasonable, the amount of the value under paragraph (3) shall be determined by taking into consideration the amount of profit to be 
received by the employer, etc. from the invent ion, the employer, etc.'s burden, contribution, 
and treatment of the employee, etc. and any ot her circumstances relating to the invention. 
 
 (Patent applications) 
Article 36   (1) A person requesting the grant of a patent sh all 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, drawings (where required), and abstract shall be attached to 
the application. 
 (3) The description as provided in the preceding paragraph shall state the following: 
 (i) the title of the invention; 
 (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: IP/N/1/JPN/P/9 
 
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   (i) in accordance with Ordinance of the Minist ry 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 invention pertains to work the invention; and 
 (ii) where the person requesting the grant 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 through publication such as the 
name of the publication and others. 
 (5) The scope of claims as provided in paragraph (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 prov ided in paragraph (2) shall comply with each of 
the following items: 
 (i) the invention for which a patent is sought is stated in the detailed explanation of the 
invention; 
 (ii) the invention for which a patent is sought is clear; 
 (iii) the statement for each claim is concise; and  (iv) the statement is composed in accordance with 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 claims 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 (where required) and abstract as provid ed 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 stated in the description or the scope of 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 stating matters required to be stated in the abstract under paragraph (7) of the said Article 
(hereinafter referred to as "foreign-language-abstract"). 
 (2) The applicant for a patent application in which foreign-language-documents and foreign-
language-abstract are attached to the applicat ion under 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 foreign-language-abstract within one year and two mont hs from the date of filing of the patent 
application; 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 appl ication, conversion of application or filing of 
patent application based on a utility model registration. 
 (3) Where the translation of foreign-language-documents (excluding drawings) as provided in the 
preceding paragraph is not submitted within the time limit as provided in the preceding paragraph, the patent application shall be deemed to have been withdrawn. 
 (4) An applicant of a patent application that wa s deemed to have been withdrawn pursuant to the 
provision of the preceding paragraph, where ther e are justifiable reasons for having not been 
able to submit the said translation within the time limit under paragraph(2), may submit to the 
Commissioner of the Patent Office translations of the foreign-language-documents and the 
foreign-language-abstract under paragraph (2), within two months from the date on which the reasons ceased to exist, but not later than one year following the expiration of the time limit 
under paragraph(2). 
 (5) The translation submitted under 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 paragraph (2). IP/N/1/JPN/P/9 
 
- 15 - 
 
   (6) The translation of foreign-language-documents as provided in paragraph (2) shall be deemed 
to be the description, scope of claims and dr awings submitted with the application under 
paragraph (2) of the preceding Article and the translation of foreign-language-abstract as provided in paragraph (2) shall be deemed to be the abstract submitted with the application 
under paragraph (2) of the preceding Article. 
 Article 37   
Two or more inventions may be the subject of a single patent application in the same 
application provided that, these inventions are of  a group of inventions recognized as fulfilling 
the requirements of unity of invention based on their technical relationship designated in Ordinance of the Ministry of Economy, Trade and Industry,. 
 
 (Joint applications) 
Article 38   
Where the right to obtain a patent is jointly owned, a patent application may only be filed by 
all the joint owners. 
 
 (Waiver or withdrawal of patent application) 
Article 38-2   
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 applications claiming identical inventions have been filed on 
different dates, only the applicant who filed the patent application on the earliest date shall be 
entitled 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 applications, shall be entitled to obtain a patent for the invention claimed. Where 
no agreement is reached by consultations or co nsultations 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 application 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 model registration under Article 46-2(1) (including a patent application that is 
deemed 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(5)) 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 on e of the applicants, selected by consultations 
between the applicants, shall be entitled to obtain a patent or a utility model registration. Where no agreement is reached by consultations or no consultations are able to be held, the applicant 
for a patent shall not be entitled to obtain a patent for the invention claimed therein. 
 (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 para graphs (1) to (4), be deemed never to have 
been filed; provided, however, that this shal l 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 paragraph (2) or (4) is applicable to the 
said patent application. 
 (6) The Commissioner of the Patent Office shall, 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 Commiss ioner of the Patent Office may deem that no 
agreement under paragraph (2) or (4) has been reached. IP/N/1/JPN/P/9 
 
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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 application, 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 earlier application 
was a foreign-language-written-application, foreign-language-documents) 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 obtain (hereinafter re ferred to as "earlier app lication"), except in the 
following cases: provided, however, where there is a person who has a provisional exclusive 
license 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 not file d within one year from the date of the filing of 
the earlier application; 
 (ii) where the earlier application is a new divisional patent application extracted from a patent 
application under Article 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 extracted 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 Model 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 the 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 registration or drawings (in the case where the earlier application was a foreign-
language-written-application, foreign-language-documents) originally attached to the application 
of the earlier application on which the priority claim is based (in the case where the earlier application contains a priority claim under that pa ragraph or Article 8(1) of the Utility Model Act, 
or Article 43(1) or 43-2(1) or (2) of the Patent Act (including its 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 Articles 17-2(6) and 134-2(9)) of the Patent Act, 
Articles 7(3) and 17 of the Utility Model Act, Arti cles 26, 31(2) and 32(2) of the Design Act, and 
Article 29, 33-2(1) and 33-3(1) (including its mutatis 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-application, 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 registration or 
drawings (in the case where the earlier application was a foreign-language-written-application, 
foreign-language-documents) originally attached to the application of the earlier application on which the priority claim is based (in the case 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) or 43-
2(1) or (2) of the patent Act (including its 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 applic ation on which the priority claim in the earlier IP/N/1/JPN/P/9 
 
- 17 - 
 
  application is based), the laying 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 time when the patent gazette containing patent or th e 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 make 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 along with the patent application. 
 
 (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 one year and three months has lapsed from the filing date of the 
earlier application; provided, however, that this shall not apply to the case where the earlier 
application has been waived, withdrawn or 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 period of  one year and three months 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 one year and three months from the filing da te of the earlier application, the said priority 
claim shall be deemed withdrawn simultaneously. 
 
 (Procedures for a priority claim 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, along with the patent application, 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 th e 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 registration 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 b een first made under A(2) of the said Article; 
 (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 contains other priority claims under 43(1) or 43-2 (1) or (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 priori ty under paragraph (1) shall, in addition to the 
documents as provided in the preceding paragrap h, 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 recognized 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 f iling 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 paragraph (2) within the time limit provided therein, the said priority claim shall lose its effect. IP/N/1/JPN/P/9 
 
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   (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 conv ersion of matters stated in the documents 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 organization for industrial property rights is allowed, submits to the Commissioner of the Patent Office the document stating the said filing number of the 
application and other matters as provided by Or dinance of the Ministry of Economy, Trade and 
Industry as matters necessary for converting the said matters, within the designated time limit 
under paragraph (2), the documents as provided in paragraph (2) shall be deemed to have been submitted. 
 
 (Priority claims recognized  under the Paris Convention) 
Article 43-2  
 (1) A priority claim may be declared in a pa tent 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 co untry specified in the corresponding right-hand 
column. 
 
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 the Annex 1C to the Marrakesh Country of the Union of the Paris Convention 
or Member of the World Trade Organization 
 
 (2) A national of a country that is neither a country of the Union of the Paris Convention nor a 
member of the World Trade Organization (limited to the country that allows Japanese nationals to declare a priority under the same conditions as in Japan, hereinafter referred to as a 
"specified country" in this paragraph), a Japanese national, a national of a country of the Union 
of the Paris Convention or a national of a member of the World Trade Organization may declare a priority claim in the patent application based on the application filed in the specified country 
under Article 4 of the Paris Convention. 
 (3) Article 43 shall apply mutatis mutandis to the case where a priority claim is declared under 
paragraph (1) or (2). 
 
 (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 allowable 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 pate nt is to be granted with regard to a patent 
application that has been subject to examinat ion 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 application is to be refused has been served. 
 (2) In the case referred to in the preceding paragraph, the new patent application shall be 
d e e m e d  t o  h a v e  b e e n  f i l e d  a t  t h e  t i m e  o f  f i l i n g  o f  t h e  o r i g i n a l  p a t e n t  a p p l i c a t i o n ;  p r o v i d e d ,  
however, that this shall not apply for the purposes  of applications of: Article 29-2 of the Patent 
Act where the new patent application 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), 41(4) and 43(1) of the Patent Act (including 
its mutatis mutandis application under paragraph (3) of the preceding Article). IP/N/1/JPN/P/9 
 
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   (3) For the purpose of application of Article 43(2) (including its mutatis mutandis application 
under 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 th e 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 
submitted in relation to the new patent application under Article 30(3), 41(4), or Articles 43(1) 
and 43(2) (including its mutatis mutandis app lication under paragraph (3) of the preceding 
Article) shall be deemed to have been submitted to the Commissioner of the Patent Office along with the new patent application. 
 (5) Where the period as provided in Article 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 Article 121(1) is extended under Article 4, the three-month 
period as provided in paragraph (1)(iii) shall be  deemed to have been extended only for that 
period as extended. 
 
Article 45  Deleted  
 (Conversion of application) 
Article 46  
 (1) An applicant of a utility model registration may convert the application into a patent 
application; provided, 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 
registration is to be refused has been served or after the expiration of 3 years from the date of 
filing of the design registration application (e xcluding 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 provided in the proviso to the preceding paragraph shall be deemed to have been 
extended 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) Paragraphs (2) to (4) of Article 44 shall appl y mutatis mutandis to the case of conversion of 
an application under paragraph (1) or (2). 
 
 (Patent applications based on  utility model registration) 
Article 46-2   (1) Except 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 utility model 
registration; 
 (ii) where a petition requesting the examiner's technical opinion as to the registerability of the 
utility model claimed in the utility model registration application or of the utility model registration, (in the following paragraph simp ly referred to as "utility model technical 
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 registration filed by a person who is neither the applicant of the said utility model registration nor the said holder of 
Utility Model right; and 
 (iv) where the time limit initially designated 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. IP/N/1/JPN/P/9 
 
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   (2) A patent application under the preceding paragraph shall be deemed to have been filed at the 
time of filing of the application for the said utility model registration, provided that matters stated in the description, scope of claims or drawings attached to the application in the said patent application are within the scope of the matters stated in the description, scope of claims 
or drawings attached to the application in the said utility model registration 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), 41(4), 43(1) (including its mutatis mutandis application under Article 43-2(3)) and 48-3(2). 
 (3) Notwithstanding item (iii) of paragraph (1), where, due to reasons beyond the control of the 
applicant for a patent under paragraph (1), the applicant is unable to file an application for a patent within the time limit as provided in the said item, the applicant may file a 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. 
 (4) Where there is an exclusive licensee, a pledgee or, in the case where Article 35(1) 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 Mo del 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 exclusive 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 Patent 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   
Articles 139(i) to 139(v) and 139(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, conversion of application or filing of patent 
application based on a utility model registration. 
 (3) A request for the examination of a patent 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) or (2), the said patent application shall be deemed to have been 
withdrawn. 
 IP/N/1/JPN/P/9 
 
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  Article 48-4   
A person(s) filing a request for the examination of an application shall submit a written request 
to the Commissioner 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 examination of an application is filed, in the case where such request 
is filed prior to the laying open of the application, the 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 that 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 concer ning invention known to the public through 
publication) 
Article 48-7   
Where the examiner recognizes that a pate nt application does not comply with the 
requirements as provided in Article 36(4)(ii), the examiner may notify the applicant of the patent 
thereof 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, scope 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 comply with the requirements under Article 36(4)(i), 36(6), 
or 37; 
 (v) where notice under the preceding Article has been given, following the amendment of the 
description or submission of the written opinion, the patent application does not comply with 
the 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 
application 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 su bmit 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 amendment under Article 53(1) is rendered. IP/N/1/JPN/P/9 
 
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 (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 reasons for refusal for a patent application 
under the preceding Article, and these reasons for refusal are the same as the reasons for refusal stated in the previous notice under the preceding Article (including its application mutatis 
mutandis under Article 159(2) (including its application mutatis mutandis under Article 174(1)) 
and Article 163(2)) with regard to another patent application (limited to the case where both patent applications are deemed to have been filed simultaneously by applying the provision of Article 44(2) to either or both of them) (excludi ng such a notice of reasons for refusal of which 
the applicant of the patent application could have never known the content prior to the filing 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 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 refusal), where, prior to the service of the ce rtified copy of the examiner's decision notifying 
to the effect that a patent is to be granted, an amendment made to the description, 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 th e preceding paragraph shall be made in writing 
and state the reasons therefor. 
 (3) The ruling dismissing an amendment under paragraph (1) shall not be subject to appeal; 
provided, however, that where a request for an a ppeal 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 exam ination, the examination procedure may be 
suspended until a trial decision has become final and binding or court proceedings have been 
concluded. 
 (2) Where an action is instituted or a motion for an order of provisional seizure or provisional 
disposition is filed, the court may, if it considers it necessary, suspend the court proceedings 
until the examiner's decision becomes final and binding. 
 Articles 55 through 63  Deleted  
Chapter III-2 Laying Open of Applications 
 
 (Laying open of applications) 
Article 64  
 (1) After a lapse of one year and six months from th e 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, however, that this shall not apply to the matters prescribed in items IP/N/1/JPN/P/9 
 
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  (iv) to (vi) where 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 drawings attached to the said application; 
 (v) the matters stated in the abstract attached to the application; 
 (vi) in the case of a foreign-language-written-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 attached 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 contains a priority claim under Article 43(1), 43-2(1) or 43-
2(2), and documents relating thereto under Articles 43(2)(including its mutatis mutandis 
application under Article 43-2(3)) and 43(5) (including its mutatis mutandis application under Article 43-2(3)), have not 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-documents 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 patent application may not be withdrawn. 
 
Article 64-3   
An applicant filing a request for the laying open of a patent application shall submit a written 
request to the Commissioner 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 documents 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 regist ration establishing a patent right, and the 
amount of compensation shall be equivalent to the amount the applicant 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 under the preceding paragraph may not be exercised until 
the registration establishing 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 patent 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 compensa tion under paragraph (1) shall not preclude the 
exercise of the patent right. 
 (5) Where a patent application has been waived, withdrawn or dismissed after the laying open of 
the patent application, or where the examiner's de cision 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 beginning under Article 112-
2(2)), or where, with exception of cases coming under the proviso to Article 125, a trial decision IP/N/1/JPN/P/9 
 
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  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, 105-2, 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 invention claimed in the patent application had been wo rked 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 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 
 
 (Registration of establishment of a patent right) 
Article 66  
 (1) A patent right shall become 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 year 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 the patent gazette; provided, however, that this shall not apply to 
the matters prescribed in paragraph (v) where the patent application has already been laid 
open: 
 (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 description and scope of claims attached to the application and 
the contents of the drawings 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 right shall expire afte r a period of 20 years from the filing date of the 
patent application. 
 (2) Where there is a period during which the patented invention is unable to be worked because 
approvals prescribed by relevant Acts that are in tended to ensure the safely, etc. or any other 
disposition designated by Cabinet Order as requiring considerable time for the proper execution 
of the disposition in light of the purpose, proced ures, etc., of such a disposition is necessary to 
obtain for the working of the patented invention, the duration of the patent right may be extended, upon the filing an application to 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 register an extension of the duration of a patent right 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 designated by Cabinet Order under Article 67(2). 
 (2) The written application under the preceding paragraph shall be accompanied by materials 
specifying the reason(s) for the extension, as prov ided by Ordinance of the Ministry of Economy, 
Trade and Industry. 
 (3) The application to register an extension of th e duration of a patent right shall be filed within 
the time limit prescribed by Cabinet Order after the disposition prescribed by Cabinet Order IP/N/1/JPN/P/9 
 
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  under Article 67(2) is obtained; provided, however, that the said written application may not be 
filed after the expiration of the duration of a patent right under Article 67(1). 
 (4) Where a patent right is jointly owned, none of the joint owners may file an application to 
register an extension of the duration of a patent right unless jointly with all the other joint 
owners. 
 (5) Where an application to register an extension of the duration of a patent right is filed, the 
duration shall be deemed to have been extended; 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 extension of the dura tion of a patent right has been registered. 
 (6) Where an application to register an extension of  the duration of a patent right is filed, matters 
stated in paragraph (1) and the number and the filing date of the application shall be published 
in the patent gazette. 
 Article 67-2-2  
 (1) Where the disposition designated by Cabinet Order under Article 67(2) is unlikely to be 
obtained prior to 6 months before the expiration of the duration of a patent right under Article 67(1), a person filing an application to register an extension of the duration of a patent 
right shall submit to the Commissioner of the Patent Office, on or before the time limit, a 
document stating the following: 
 (i) the name, and domicile or residence of the person filing the application; 
 (ii) the patent number; and 
 (iii) the disposition designated by Cabinet Order under Article 67(2). 
 (2) Unless the document required to be submi tted under the preceding paragraph is submitted, 
an application to register an extension of the duration of a patent right may not be filed after 6 
months before the expiration of the duration of the patent right 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. 
 
Article 67-3   (1) Where an application to register an extension of the duration of a patent right falls under any 
of the following items, the 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(2) 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 disposition designated by Cabinet Order under Article 67(2); 
 (iii) where the period for which the extension 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). 
 (2) Where no reasons for refusal are found for the application to register an extension of the 
duration of a patent right, the examiner shall re nder an examiner's decision to the effect that 
the extension is to be registered. 
 (3) Where the examiner's decision or trial decision  to the effect that the extension of the duration 
of the patent right is to be registered is rend ered, the extension of the duration of the patent 
right shall be registered. 
 (4) Where the registration 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 filing date of the application to register an extension of the duration of the 
patent right; 
 (iv) the date of the registration of extension;  (v) the period of extension; and 
 (vi) the contents of the disposition designated by Cabinet Order under Article 67(2). 
 Article 67-4   
Articles 47(1), 48, 50 and 52 shall apply mutatis mutandis to the examination of the 
application to register an extension of the duration of a patent right. 
 IP/N/1/JPN/P/9 
 
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   (Effect of patent right) 
Article 68   
A patentee shall have the exclusive right to work the patented invention as a business; 
provided, however, that where an exclusive lice nse regarding the patent right is granted to a 
licensee, this shall not apply to the extent that the exclusive licensee is licensed to exclusively 
work the patented invention. 
 
 (Effect of patent right in the case of duration extension) 
Article 68-2   
Where the duration of a patent right is extend ed (including the case where the duration is 
deemed to have been extended under Article 67-2(5)), 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(2) which constituted the reason for the registration of extension (where th e 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 effective 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 medicine (refers to a product used for the diagnosis, 
therapy, treatment or prevention of human dise ases, hereinafter the same shall apply in this 
paragraph) to be manufactured by mixing two or more medicines or for the invention of a 
process to manufacture a medicine by mixing two or more medicines shall not be effective 
against the act of preparation of a medicine as is written in a prescription from a physician or a dentist and the medicine prepared as is written in a prescription from a physician or a dentist. 
 
 (Technical scope of patented invention) 
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 the 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 appeal examiners 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 (vi)), 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 paragrap h" in Article 145(2) shall be deemed to be 
replaced with "proceedings for advisory opinion" , 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 appeal examiner considers it necessary", the term "Article 147" in Article 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 shall be available against a ruling under Article 135 to be applied mutatis mutandis 
in the preceding paragraph. 
 IP/N/1/JPN/P/9 
 
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  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 appeal examiner s 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 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 
filing of the said patent application, or where the patent right is in conflict with another person's 
design right or trademark right obtained based on an application filed prior to the date of filing of 
the said patent application, the patentee, 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 jointly 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 owned, 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 
(vi) of the said paragraph, a person who has the right to obtain a patent for the invention pertaining to the said patent may request the pa tentee thereof to transfer the said patent right 
as provided by Ordinance of the Mini stry 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 sha ll not apply where the share of a jointly owned 
patent right is transferred based on the request under paragraph (1). 
 Articles 75  Deleted 
 
 (Lapse of patent righ ts 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 exclusive 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 also 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 third party only where the consent of the patentee is obtained. 
 (5) Article 73 shall apply mutatis mutandis to exclusive licenses. 
 IP/N/1/JPN/P/9 
 
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   (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 right 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 knowledge 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 content 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 working 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 licen se on the patent right, only to the extent of 
the 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   
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 licens e at the time of the registration of transfer 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, be fore the registration 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. 
 
 (Non-exclusive license due to the working of  the invention prior to the registration of 
the request for a 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 a 
invalidation 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, only to the extent of the invention and 
the purpose of such business worked or prepared: 
 (i) the original patentee in the case where one of two or more patents granted for the same 
invention has been invalidated; 
 (ii) the original patentee in the case where, 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 a invalidation trial, has an excl usive license regarding the patent right to be 
invalidated, 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 consideration 
from the non-exclusive licensee 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 applicatio n 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, the original holder of design ri ght 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 applic ation 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, IP/N/1/JPN/P/9 
 
- 29 - 
 
  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 expira tion of the duration of the design right, have a 
non-exclusive license on the patent right or on th e exclusive license actually existing at the time 
of expiration of the duration of the design righ t, 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 licensee under the preceding paragraph. 
 
 (Award granting non-exclusive licen se where invention is not worked) 
Article 83   (1) Where a patented invention 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 filing 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 paragraph, the person intending to work the patented invention may request the Commissioner of the Patent Office for an award. 
 
 (Submission of a written answer) 
Article 84   
Where a request for an award has been filed under Article 83(2), the Commissioner of the 
Patent Office shall serve 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 the patent, and give such a person an opportunity to submit  a written answer, 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 time 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 Orde r, 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 for 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 rend ered 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 certif ied 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 the effe ct that a non-exclusive license is to be granted 
is served to the parties under the preceding pa ragraph, an agreement as prescribed in the 
award is deemed to have been reached between the parties. 
 
 (Deposit of consideration) 
Article 88   
A person(s) required to pay consideration under Article 86(2)(ii) shall deposit the said 
consideration in the following cases: IP/N/1/JPN/P/9 
 
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   (i) where the person(s) entitled to the consideration refuses or is unable to receive such 
consideration; 
 (ii) where an action with respect to the consideration is instituted under Article 183(1); or  (iii) where a right of pledge is established on the patent right or the exclusive license; provided, 
however, that this shall 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, where such consideration is to be paid periodically or by installments, the first 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 aw ard 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 wa s 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 Articl e 85(2) shall apply mutatis mutandis to the 
rescission of awards under the preceding paragraph where the person to whom a non-exclusive 
license is granted fails to properly work the patented invention. 
 Article 91   
A non-exclusive license shall lapse after the rescission of the award under Article 90(1). 
 
 (Restriction on grounds for objection to award) 
Article 91-2   
No objection under the Administrative Appeal Act (Act No. 160 of 1962) to the award rendered 
under Article 83(2) may be raised 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 exclusive 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 
that 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 reques t 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 su bmission 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 license 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 ordering a non-exclusive IP/N/1/JPN/P/9 
 
- 31 - 
 
  license to be granted 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-exclusiv e license for public interest) 
Article 93  
 (1) Where the working of a patented invention is particularly necessary for the public interest, a 
person(s) intending to work the patented invention may request the patentee or the exclusive licensee 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 paragraph, the person intending to work the patented invention may 
request the Minister 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 non-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 patentee 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 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 non-exclusive licensee may establish a right of pl edge 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 award under Article 83(2) or 93(2) may be transferred 
only where the business involving the working of the relevant invention is also transferred. 
 (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 Model Act or Article 33(3) of the Design Act, the said non-exclusive 
license shall be transferred together with the pate nt right, utility model right or design right of 
the non-exclusive licensee on which the non-ex clusive license is granted and the business 
involving the working of the relevant invention in the case where each right is transferred together with the said business, and shall be ex tinguished 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 non-exclusive license is granted, and shall be extinguished in the case where the said 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, exclusive license or non-exclusive license, the pledgee may not work the patented 
invention. 
 Article 96  
A right of pledge on a patent right, exclusive license or non-exclusive license may be exercised 
against any consideration to be paid for the pa tent 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, ho wever, 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 exclusive 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. IP/N/1/JPN/P/9 
 
- 32 - 
 
   (2) Where there is a pledgee or non-exclusive li censee as provided in Article 77(4), an exclusive 
licensee may waive the exclusive license, only where the consent of the said pledgee or non-exclusive licensee is obtained. 
 (3) Where there is a pledgee, a non-exclusive 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 arising 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 tran sfer 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 (except for a transfer arising from general succession including 
inheritance), amendment, lapse (except for a lapse arising from a merger or extinguishment of credit secured thereby) or restriction on dispos ition 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 Commissioner 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 subsequently acquires the patentee or the exclusive licensee, or the exclusive 
license on the patent right. 
 
Section 2 Infringement of rights 
 
 (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 preceding paragraph, the patentee or exclusive licensee may 
demand measures necessary for the prevention of such infringement including the disposal of 
products constituting such act of infringement (i ncluding, in the case of a patented invention of 
a process of producing 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. 
 
 (Acts Deemed to constitute infringement) 
Article 101  
The following acts shall be deemed 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 invent ion of a product, acts of producing, assigning, 
etc., importing or offering for 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 invention 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 inve ntion 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 invention 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 invent ion of a process, acts of producing, assigning, 
etc., importing or offering for 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 patented 
invention and the said product is used for the working of the invention as a business; IP/N/1/JPN/P/9 
 
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   (vi) where a patent has been granted for an inve ntion 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 right or 
exclusive license, and the infringer assigned arti cles that composed the act of infringement, the 
amount of damage sustained by the patentee or the exclusive licensee may be presumed to be 
the amount of profit per unit of articles which would have been sold by the patentee or the 
exclusive licensee if there had been no such ac t of infringement, multiplied by the quantity 
(hereinafter referred to in this paragraph as the "assigned quantity") of articles assigned by the 
infringer, the maximum of which shall be the amount attainable by the patentee or the exclusive 
licensee in light of the capability of the patentee  or the exclusive licensee to work such articles; 
provided, however, that if any circumstances ex ist under which the patentee or the exclusive 
licensee would have been unable to sell the assigned quantity in whole or in part, the amount 
calculated as the number of articles not able to be sold due to such circumstances shall be 
deducted. 
 (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 profit s from the act of infringement, the amount 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 entitled to 
receive for the working of the patented invention as the amount of damage sustained. 
 (4) The preceding paragraphs shall not prevent any relevant party from claiming compensation 
for damage in an amount exceeding the amount provided for therein. In such a case, where the infringer committed the infringement of the patent right or exclusive license without intent or 
gross negligence, the court may take these circumstances into consideration in determining 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 process 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 specific conditions (of infringement)) 
Article 104-2   
In litigation concerning the infringement of a patent right or an exclusive license, in order to 
deny the specific 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 concerning the infringeme nt of a patent right or an exclusive license, the 
said patent is recognized as one that should be invalidated by a 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 regist ration 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 materials used for an allegation or defense under the 
preceding paragraph are submitted for the purpose of unreasonably delaying the proceedings, IP/N/1/JPN/P/9 
 
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  the court may, upon a motion or ex officio, render a ruling to the effect that the allegation or 
the defense is to be dismissed. 
 (3) The proviso to Article 12(2) shall not preclude any person other than a person who has the 
right to obtain a patent on the said patented inve ntion from submitting a method of allegation or 
defense as provided in paragraph (1). 
 
 (Limitation to assertion) 
Article 104-4  
 (1) Where the following trial decision has beco me 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 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 
provisional 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 enrichment against an obligee of the case of provisional disposition order in which the said litigation is the case): 
 (i) a trial decision to the effect that the said patent is to be invalidated; 
 (ii) a trial decision to the effect that the registration of extension of the duration of the said 
patent is to be invalidated; 
 (iii) a trial decision as provided by Cabinet Or der 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 motion of a party, order the other party to produce documents that are required to 
prove the said act of infringement or to calculate the damage arising from the said act of 
infringement; provided, however, that this shal l 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 there are reasonable 
grounds as provided in the proviso to the prec eding 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 the existence of reason able grounds as provided in the proviso to 
paragraph (1), the court may disclose the documents to the parties, etc. (the parties (or, in the 
case of juridical persons, their representatives), their representatives (excluding attorneys and assistant), employees and other workers, the same shall apply hereinafter), attorneys or assistant. 
 (4) The preceding three paragraphs shall apply mutatis mutandis to the presentation of the 
subject-matter of the inspection that is required  to prove the act of infringement in litigation 
concerning the infringement of a patent right or exclusive license. 
 
(Expert opinion for calculation of damages) 
Article 105-2  
 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 damage arising from the act of infringement, the other party shall explain to the expert witness 
the matters necessary for the expert witness's expert opinion. 
 
 (Determination of reasonable damages) 
Article 105-3   
In litigation concerning the infringement of a patent right or exclusive license, where the court 
has determined that damage actually arose and wh ere it is extremely difficult for the court, due 
to the nature of the facts, to prove the facts necessary to determine the amount 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. 
 IP/N/1/JPN/P/9 
 
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   (Protective order) 
Article 105-4   (1) In litigation concerning the infringement of a patent right or exclusive license, where there is 
prima-facie evidence of the fact that trade se crets (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 paragraphs, the court may, upon a motion of the party, order by a ruling that the pa rties, etc., attorneys or assistants shall neither 
use the trade secrets for any purpose other than those for the proceedings of the litigation nor 
disclose the trade secrets 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 disclosure of evidence under the said item: 
 (i) where the trade secrets possessed by the party were or are contained in the briefs already 
submitted or to be submitted or such trade se crets were or are contained in the evidence 
already examined or to be examined (including documents disclosed under Article 105(3) and under Article 105-7(4)); and 
 (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 order") shall be made in writing specifying the following matters: 
 (i) the person(s) to whom the protective 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 writte n 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 requesting the protective order shall be subject to immediate 
appeal. 
 
 (Rescission of protective order) 
Article 105-5   (1) A person(s) who has filed 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 th e 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 resci ssion of a protective order shall be subject to 
immediate appeal. 
 (4) A decision to the effect that a protective 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 protective order is to be rescinded is rendered, the court 
shall immediately notify the person(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 filing 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 litigation 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 said Article., immediately after the filing of the request, IP/N/1/JPN/P/9 
 
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  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 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 day in which two 
weeks have lapsed, against the person who filed the request, before the 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 litigation 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 
witness, 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 examinations 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 ex amination 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 infringement 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 reasons therefor prior to requiring the public to leave the court. Upon 
completion of the examination on the said matters, the court shall allow the public to re-enter the court. 
 
 (Measures to restore credibility) 
Article 106   
The court may, upon the request of a patentee or exclusive licensee, order the person(s) who 
harmed the business credibility of the patentee or exclusive licensee by intentionally or 
negligently infringing upon the patent right or exclusive license to take measures necessary 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 registration 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 the 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(2), for such 
additional period): 
 IP/N/1/JPN/P/9 
 
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  Period within term Amount 
First to third year Annually 2,300 yen plus 200 yen per claim 
Fourth to sixth year Annually 7,100 yen plus 500 yen per claim 
Seventh to ninth year Annually 21,400 yen plus 1,700 yen per claim 
Tenth to twenty-fifth year Annually 61,600 yen plus 4,800 yen per claim 
 
 (2) The preceding paragraph shall not apply to patent rights belonging to the State. 
 (3) Notwithstanding the provisions of paragraph (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 
exemption therefrom under Article 109 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 
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 amount 
after the said reduction/exemption) by the rati o 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 calculated und er the preceding paragraph, fractional figures of 
less than ten yen shall be discarded. 
 (5) The payment of patent fees under paragraph (1) shall be made by patent revenue stamps as 
provided by Ordinance of the Ministry of Econom y, Trade and Industry; provided, however, that 
where so provided by Ordinance of the Minist ry 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 year 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 the four th and subsequent years under Article 107(1) shall 
be paid by the end of the previous year; prov ided, however, that where the date on which a 
certified copy of the examiner's decision or the tr ial decision to the effect that the extension of 
the duration of the patent right is to be regist ered 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 for 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. 
 
 (Reduction, exemption or deferment of patent fees) 
Article 109   
Where the Commissioner of the Patent Office recognizes that a person who receives the 
registration of establishment of a patent righ t 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 provisions of Cabinet Order, grant the person a reduction of, exempt ion from or deferment of the payment of the 
patent fees for each year from the first to the tenth year under Article 107(1): 
 
 (Payment of patent fees  by interested persons) 
Article 110  
 (1) An interested person may pay the patent fees even against the will of the person by whom the 
patent fees are to be paid. 
 (2) The interested 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. 
 IP/N/1/JPN/P/9 
 
- 38 - 
 
   (Refund of patent fees) 
Article 111   (1) The following patent fees sh all 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 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 pa tent right is to be invalidated became final and 
binding, and subsequent years (limited to those for the year following the year in which the 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 payment in the case of patent fees under item (i) above, or after six 
months from the date on which a trial decision became final and binding in the case of patent 
fees under items (ii) and (iii) above. 
 
 (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, 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 provided by Ordinance of the Ministry of Economy, Trade and Industry; 
provided, however, that where so provided by Or dinance 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 de emed 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 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 Article 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) 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 within two months from the date on which the 
reasons ceased to exist, but not later than one year following the expiration of the said time 
limit. 
 (2) Where the patent fees and the surcharge are paid under the preceding paragraph, the patent 
right shall be deemed to have been maintained re troactively from the time of expiration of the 
time limit as provided in the main clause of Ar ticle 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 IP/N/1/JPN/P/9 
 
- 39 - 
 
  effective against the product which was imported into, produced or acquired within Japan after 
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 conducted after 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: 
 (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 for 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 for assignment, etc. of an y 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 pr ocess for the purpose of assigning, etc. or 
exporting it. 
 
Chapter V (Deleted) 
 
Articles 113 through 120  Deleted  
Chapter VI Appeals and Trials 
 
 (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 decision of refusal within the time limit as provided in the preceding paragraph, the said person may,  
 
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 event 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 amendment that does not comply with the requirements as 
provided in Article 17-2(3); 
 (ii) where the patent has been granted in violat ion 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, 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-application 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 pa tentee has become unable to hold a patent right 
under Article 25, or the patent 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), IP/N/1/JPN/P/9 
 
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  Article 126(5) to (7) (including its application mutatis mutandis under Article 134-2(9) or the 
proviso to Article 134-2(1). 
 (2) Any person may file a request for invalidation trial; provided, however, that where a request 
for invalidation trial is filed on the ground that the patent falls under item (ii) of the preceding 
paragraph (limited to cases where the patent is obtained in violation of Article 38) or item (vi) of 
the preceding paragraph, only a person who has the right to obtain a patent on the invention pertaining to the said patent may file a request for invalidation trial. 
 (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 appeal examiner 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 effect 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 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 registration of extension of duration) 
Article 125-2   (1) A request for invalidation trial of the registration of extension of duration of a patent right may 
be filed if the registration of exte nsion 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(2) 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 licensee or a non-ex clusive licensee of the patent right did not 
receive the disposition as provided in Cabinet Order under Article 67(2); 
 (iii) where the duration extended by the regist ration of extension exceeds the period during 
which the patented invention could be worked; 
 (iv) where the registration of extension has been made upon an application filed by a person 
who is not the said patentee; and 
 (v) where the registration of extension has been  made upon an application not complying with 
the requirements as provided in Article 67-2(iv). 
 (2) Paragraphs (3) to (4) of Article 123 shall apply mutatis mutandis to a request for invalidation 
trial of the registration of extension of duration. 
 (3) Where a trial decision to the effect that the registration of extension is to be invalidated has 
become final and binding, the extension of the du ration by the said registration of extension 
shall be deemed never to have been made; provided, however, that where the registration of 
extension falls under paragraph (1)(iii) and a trial decision to the effect that the registration of extension for the duration exceeding the period during which the patented invention could be 
worked is to be invalidated has become final and binding, the extension for the said excess 
period shall be deemed not to have been made. 
 
 (Correction trial) 
Article 126   (1) The patentee may file a request for correction trial with regard to the correction of the 
description, scope of claims or drawings attached  to the application; provided, however, that 
such 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 other statement of claims to the statement 
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 invalidation trial has 
become pending before the Patent Office to the time the trial decision has become final and binding (all trial decisions in the case where a request has been filed for each claim). 
 (3) Where the scope of claims attached to the application covering two or more claims is 
corrected, a request may be filed pursuant to paragraph (1) for each claim. In this case, where IP/N/1/JPN/P/9 
 
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  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 "g roup 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), th e 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, scope 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 correctio n 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 foreign-language-written-application, 
foreign-language-documents)). 
 (6) The correction of the description, scope 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 patent ed independently at the time of filing of the 
patent application. 
 (8) A request for correction trial may be filed ev en after the lapse of the patent right; provided, 
however, that this shall not apply after the patent has been invalidated in invalidation trial. 
 
Article 127   
Where there is a non-exclusive 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 effect 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 gr anted, 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 with the relevant evidence shall be stated in the grounds for the request as provided in item (iii) of the preceding paragraph. 
 (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 prov ided 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 un der 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: IP/N/1/JPN/P/9 
 
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   (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 appeal 
examiner 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 134-2(9)). 
 (2) In the course of filing a request for invalida tion trial, where an amendment of the grounds for 
the request as provided in paragraph (1), item (iii) of the preceding Article changes the gist 
thereof, the chief appeal examiner may make a ruling approving such amendment if the chief 
appeal examiner recognizes that there is no po ssibility 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 correction 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 grounds 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 amendmen t 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 service of a copy of the written request under Article 134(1). 
 (4) No appeal shall be available from a ruling under paragraph (2).  
 (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 against 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 term ination 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 non-compliance with formal requirements) 
Article 133  
 (1) Where a written request does not comply with Article 131, the chief appeal examiner shall 
order the demandant to amend the written requ est, designating an adequate time limit. 
 (2) Excluding the case as provided in the preceding paragraph, the chief appeal examiner may 
order the demandant to amend a procedure pertai ning 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 payable under Articles 195(1) or 195(2) have not been 
paid; 
 (3) The chief appeal examiner may dismiss the pr ocedure 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 prec eding two paragraphs or where such amendment 
is made in violation of Article 131-2(1). 
 (4) The ruling under the preceding paragraph shall be made in writing and state the grounds 
thereof. 
 
 (Dismissal of unlawful procedures) 
Article 133-2   (1) In the procedures pertaining to appeal/trial case (excluding appeal/request for trial), the chief 
appeal examiner may, by a ruling, dismiss procedures that are unlawful and not amendable. IP/N/1/JPN/P/9 
 
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   (2) Where the chief appeal examiner intend s 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 opport unity to submit a statement of explanation, 
designating 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 appeal examiner shall serve a copy of 
the written request to the demandee and give the demandee an opportunity to submit a written 
answer, designating an adequate time limit. 
 (2) When the chief appeal examiner approves the correction of the written request under 
Article 131-2(2), the chief appeal examiner shall serve a copy of the statement of the amendment of proceedings with regard to such amendment to the demandee, and shall give the 
demandee 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 submit a written answer is not 
required. 
 (3) Upon receipt thereof, the chief appeal exam iner 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 appeal examiner 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 applic ation only within the time limit designated in 
accordance with paragraph (1) or (2) of the preceding Article, the following Article, 
Article 153(2) or Article 164-2(2); 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 description or of incorrect translations; and 
 (iii) clarification of an ambiguous description.  (iv) correction of a statement of claims which cites other statement of claims to the statement 
which does not cite the said other statement of claims. 
 (2) A request for correction in the preceding 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, however, 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 appeal exam iner shall serve to the demandant a copy of the 
written request for correction as well as the corrected description, scope of claims or drawings attached to the request under paragraph (1). 
 (5) The appeal examiner may examine grounds th at 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 gr ounds is not approved of, the chief appeal 
examiner shall notify the parties in the case and the intervenors of the result of the proceedings 
and shall give them an opportunity to state their opinions, designating an adequate time limit. 
 (6) Where a request for correction under paragraph (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 paragraph (1) may be withdrawn only within the time limit 
during which the amendment under Article 17-4(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 request ｓ for correction have been filed for each claim or each 
group of claims pursuant to 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 IP/N/1/JPN/P/9 
 
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  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 ca se 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 re scission judgment is rendered) 
Article 134-3   
Where a judgment rescinding a trial decision in a trial for patent invalidation (limited to a trial 
decision concluding that the request for a trial is groundless) under Article 181(1) has become final and binding, and following which proceedings are initiated under paragraph (2) of the said 
Article, the chief trial examiner 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 for trial, that is not amendable, may be dismissed by appeal/trial 
decision without 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 appeal examiners. 
 (2) A decision of the panel under the precedin g paragraph shall be made by a majority vote. 
 (3) Qualifications of appeal examiners shall be as provided by Cabinet Order.  
 (Designation of appeal examiners) 
Article 137  
 (1) The Commissioner of the Patent Office shall designate the appeal examiners 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 appeal examiners designated under the preceding paragraph is unable to 
participate in the appeal/trial, the Commissioner of the Patent Office shall terminate the 
designation and appoint another appeal examiner to fill the vacancy. 
 
 (Chief appeal examiner) 
Article 138  
 (1) The Commissioner of the Patent Office shall designate one of the appeal examiners designated 
under Article 137(1) as the chief appeal examiner. 
 (2) The chief appeal examiner shall preside over matters relating to the appeal/trial. 
 
 (Exclusion of appeal examiners) 
Article 139   
An appeal examiner shall be excluded from performing his/her duties in any of the following 
cases: 
 (i) where the apeal examiner or his/her spouse or former spouse is or was a party in the case 
or an intervenor in the case; 
 (ii) where the appeal examiner is or was a relati ve 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 the Civil Code of Japan) of a party in the case or an intervenor in the case; 
 (iii) where the appeal examiner is a guardi an, a supervisor of a guardian, a curator, a 
supervisor of the curator, an assistant or a superv isor of the assistant of a party in the case or 
an intervenor in the case; 
 (iv) where the appeal examiner has become a witness or an expert witness in the case;  (v) where the appeal examiner is or was a representative of a party in the case or an 
intervenor in the case; IP/N/1/JPN/P/9 
 
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   (vi) where the appeal examiner was involved in the procedures relating to the examiner's 
decision who is being appealed in the case as the examiner; and 
 (vii) where the appeal examiner 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 appeal examiner) 
Article 141   (1) Where there exists any circumstances of a appe al examiner that might hinder fair proceedings 
of the trial, a party or an intervenor may recuse the appeal examiner. 
 (2) A party or an intervenor may not recuse a appeal examiner after making a written or oral 
statement to the appeal examiner with regard to the case; provided, however, that this shall not 
apply 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 requesting 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 gr ounds therefor; provided, however, that in the 
case 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 para graph 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, appeal examiners who 
are not the appeal examiner named in the motion shall render a ruling thereon through a trial; 
provided, however, that the appeal examiner named in the motion may present his opinion. 
 (2) The ruling under the preceding paragraph shall be made in writing and state the grounds 
therefor. 
 (3) The ruling under paragraph (1) shall not be subject to appeal. 
 
Article 144   
Where a motion requesting an exclusion or recusa tion has been filed, the trial procedures shall 
be suspended until a ruling on the motion is re ndered; provided, however, that this shall not 
apply 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 shall 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 Office 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 appeal examiner, undertake any other affairs 
relating thereto. 
 (5) Article 139 (excluding item (vi)) 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) A 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 appeal examiner may, upon a motion by a party or intervenor in the case, or ex officio decide to 
conduct the trial by documentary proceedings. IP/N/1/JPN/P/9 
 
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   (2) Trials, excluding those as provided in the preceding paragraph, shall be conducted by 
documentary proceedings; provided, however, that the chief appeal examiner 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 proceedings under paragraph (1) or the proviso to the 
preceding paragraph, the chief appeal examiner 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 date) of  the Code of Civil Procedure shall apply mutatis 
mutandis to a summon on the designated date as provided in the 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 interpreter, 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 appeal examiner 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 paragraph may continue the trial procedures even after the 
withdrawal of the request 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 interruption 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 appeal 
examiner. 
 (2) Where an application for intervention is submitted, the chief appeal examiner shall serve a 
copy of the application for intervention to the original parties and intervenor(s) and give such 
persons an opportunity to present opinions, designating an adequate time limit. 
 (3) Where an application for intervention is filed, the appeal examiner of the trial in which the 
applicant intends to intervene shall render a ruling through a trial. 
 (4) The ruling under the preceding paragraph shall be made in writing and state the grounds 
therefor. 
 (5) The ruling under paragraph (3) shall not be subject to appeal 
 
 (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, upon 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. IP/N/1/JPN/P/9 
 
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   (4) Where a motion has been filed prior to the filing of a petition for a trial under paragraph (2), 
the Commissioner of the Patent Office shall designate the appeal examiner 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 appeal examiner shall notify the parties an d 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 evidence under paragraph (1) or (2) may be entrusted to 
a district court or summary court 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 Procedur e shall apply mutatis mutandis to the examination 
and preservation of evidence under the preceding Ar ticle. In this case, the term "facts that are 
admitted by the party in court or that are obviou s" in Article 179 of the said Code shall be 
deemed to be replaced with "obvious facts", an d the term "Supreme Court Rules" in Article 204 
and 215-3 of the said Code shall be deemed to be  replaced with "Ordinance of the Ministry of 
Economy, Trade and Industry." 
 
 (Ex officio proceedings) 
Article 152   
The chief appeal examiner 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 party or intervenor has been examined under the 
preceding paragraph, the chief appeal examiner sh all notify the parties and the intervenor(s) of 
the result thereof and give such persons an op portunity 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 conducted under the preceding paragraph may later be 
separately conducted. 
 
 (Withdrawal of request for trial) 
Article 155  
 (1) A request for a trial may be withdrawn befo re a trial decision becomes final and binding. 
 (2) A request for a trial may not be withdrawn 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 two 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 be rendered, the chief 
appeal examiner 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 appeal examiner 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 IP/N/1/JPN/P/9 
 
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  not make an amendment under Article 17-4(1) 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 appeal examiner may, upon a motion by a party or intervenor, or ex officio, resume 
proceedings, where necessary, even after the no tice 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 the appeal/trial decision  to the parties, intervenor(s) and person whose 
application for intervention has been refused. 
 
 (Special provisions regarding trials ag ainst examiner's decision of refusal) 
Article 158   
Any procedure taken during the 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 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 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 Article 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 amendmen t 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 reques t for appeal against an examiner's decision of 
refusal) or (iv)." 
 (3) Articles 51 and 67-3(2) shall apply mutatis mutandis where a request for 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 or der a further examination to be carried out. 
 (2) The decision made in the appeal decision 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. 
 IP/N/1/JPN/P/9 
 
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  Article 162  
Where, in the case of a request for appeal agains t an examiner's decision of refusal, where an 
amendment has been made to the description, scope of claims or drawings attached to the 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. 
 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 amendm ent (in the case of Article 17-2(1)(i) or (iii), 
excluding the amendment made prior to the reques t 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 examiner has given a 
notice under the next Article along with the noti ce of reasons for refusal)" in the proviso to 
Article 50 shall be deemed to be replaced with "in the 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 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 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 Article 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 result of the examination without rendering a decision on the appeal. 
 
 (Special provisions fo r invalidation trial) 
Article 164-2  
 (1) Where the case of invalidation trial has reached the point at which a trial decision may be 
rendered, the chief appeal examiner 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 appeal examiner shall designate to the defendant an adequate time limit for filing a 
request for correction of the description, scope of cl aims or drawings attached to the application. 
 (3) Article 157(2) shall apply mutatis mutandis 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 Article 126(1) or does not comply with paragraphs (5) to (7) of Article 126, the chief 
appeal examiner shall notify the demandant of the reasons therefore and give the demandant an 
opportunity to submit an 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. 
 IP/N/1/JPN/P/9 
 
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   (Effect of trial decision) 
Article 167   
Where a final and binding trial decision in a invalidation trial or a trial for invalidation of the 
registration of extension of the duration has been registered, neither parties nor intervenors 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) Appal/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 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 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 appeal/trial decision becomes final and binding. 
 (3) Where an action with respect to infringement 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 Office 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 allegation 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 after the said notice, the court shall notify the Commissioner of the Patent Office thereof. 
 (6) Where the Commissioner of the Patent Office 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 appeal examiner considers necessary for the trial. 
 
 (Burden of costs of appeal/trial) 
Article 169   (1) The burden of costs in connection with invalidation trial or invalidation trial of the registration 
of extension of the duration shal l 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 mutandis to the costs in connection with the trial under the 
preceding paragraph. In this case, the term "Sup reme 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 against 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. IP/N/1/JPN/P/9 
 
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   (5) The amount of costs in connection with appeal/trial shall be determined by the Commissioner 
of the Patent Office upon reques t, after appeal/trial decision or a ruling has become final and 
binding. 
 (6) The scope, the amount and the payment 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 
provisions of the Act on Civil Procedure Costs, etc. (Act No. 40 of 1971) (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 the amount of costs for appeal/trial shall have the same effect as 
that of an enforceable title of obligation. 
 
Chapter VII Retrial 
 
 (Request for retrial) 
Article 171  
 (1) A party or an intervenor may file a request for a retrial against 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, has caused the trial decision 
to be rendered for the purpose of harming the righ t 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 preceding 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 afte r the trial decision became final and binding. 
 (2) Where a person intending to file a request for a retrial is unable to file the said request within 
the time limit as provided in the preceding para graph 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 si x 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 applicable legal provisions, the time limit as provided in paragraph (1) shall 
be counted 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 trial decision 
had been rendered. 
 (4) No request for a retrial may be filed after the expiration of three years from the date on which 
the trial decision became final and binding. 
 (5) Where a ground for a retrial has arisen after the trial decision became final and binding, the 
time 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 an d binding trial decision previously rendered. 
 
 (Application mutatis mutandis of provisions regarding trial, etc.) 
Article 174  
 (1) 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 
a appeal against an examiner's decision of refusal. IP/N/1/JPN/P/9 
 
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   (2) 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 mutatis mutandis to a retrial against a final and binding trial decision in a invalidation trial or a trial for invalidation of the registration of extension of the duration. 
 (3) 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. 
 (4) Article 348(1) (Scope of proceedings) of the Code of Civil Procedure shall apply mutatis 
mutandis to a retrial. 
 
 (Restriction on effect of pate nt right restored by retrial) 
Article 175   (1) Where a patent right pertaining to an invalidated patent or a patent right pertaining to the 
invalidated 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 duration 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 refused by a trial decision has been registered by a retrial, and 
where the patent has been granted for the inventio n of a product, such patent right shall not be 
effective against any product imported into or pr oduced or acquired in Japan without knowledge, 
after the trial decision became final and binding but before the registration of the request for a 
retrial. 
 (2) Where a patent right pertaining to an invalidated patent or a patent right pertaining to the 
invalidated registration of extension of the dura tion thereof has been restored by a retrial or 
where the establishment of a patent right or the extension of the duration 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 refused by a trial decision has been registered by a retrial, such 
patent right shall not be effective against the following acts conducted after the trial decision 
became final and binding but before the registration 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 pr ocess for the purpose of assigning, etc. or 
exporting it without knowledge. 
 
Article 176   
Where a patent right pertaining to an invalidated patent or a patent right pertaining to the 
invalidated 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 duration 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 trial deci sion has been registered through a retrial, and 
where a person has, without knowledge, been working the invention in Japan or has, without knowledge, been making preparations therefore, af ter 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 
 IP/N/1/JPN/P/9 
 
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  Chapter VIII Litigation 
 
 (Actions against trial decisions, etc.) 
Article 178  
 (1) The Tokyo High Court shall have exclusive jurisdiction over any action against a trial decision, 
a ruling to dismiss a written request for a trial or a retrial or a written request for correction under Article 134-2(1). 
 (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 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 appeal examiner 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 for 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 a 
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 bind ing 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   
(1) Where an action under the proviso to the prec eding 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 a invalidation trial 
requested for each claim or a trial decision of a re trial against a final and binding trial decision of 
the trial, the court 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 Articl e 179 is instituted, the court may seek the opinion 
of the Commissioner of the Patent Office regarding the application of this Act or any other necessary matters relating to such case. 
 (2) Where an action under the proviso to Articl e 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 ne cessary matters relating to such case. 
 (3) The Commissioner of the Patent Office may desi gnate 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 decision under the preceding paragraph has become final and binding, the appeal examiners shall carry out further proceedings and render a trial decision or ruling. In this case, 
the court's decision rescinding the trial decision has become final and binding with regard to 
some claims in a group of claims for which a request for correction under Article 134-2(1) has been filed, the appeal examiner shall, in carryin g out the proceedings, rescind the trial decision 
on the other claims in the said group of claims. 
 IP/N/1/JPN/P/9 
 
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   (Delivery of original copy of judgment) 
Article 182   
Where the court procedures with respect to an action under the proviso to Article 179 have 
been concluded, the court shall, without dela y, deliver the original copy of the judgment 
rendered by the court of each instance to the Commissioner of the Patent Office. 
 
 (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. 
 
 (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. 
 
 (Relationship between (administr ative) objection and litigation) 
Article 184-2  
An action demanding the rescission of dispositions  imposed by this Act or an order thereunder 
(excluding dispositions under Article 195(4)), may be instituted only after the rendering of a 
ruling or an award on an objection against the dispositions or on the request for examination thereof. 
 
Chapter IX Special Provisions Concerning  International Applications under the 
Patent Cooperation Treaty 
 
 (Patent application based on international application) 
Article 184-3   (1) An international application (a patent application only) to which the international application 
date is accorded 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(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"). 
 
 (Translations of international patent application in foreign language) 
Article 184-4  
 (1) An applicant of an international patent application in foreign language (hereinafter referred to 
as a "patent 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 international application date as provided in paragraph (1) of the preceding Article (hereinafter  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 the "priority date"), to two years and six months (hereinafter referred to as the "time limit for the submission of national docu ments") therefrom; provided, however, that the 
applicant of a patent application in foreign language who has submitted the document under 
paragraph (1) of the following Article during the pe riod from two months be fore the expiration of IP/N/1/JPN/P/9 
 
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  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, submit 
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 no t been 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), the Special Time Limit for the Submission of Translations, 
hereinafter the same shall apply in this Article), the international patent application shall be 
deemed to have been withdrawn. 
 (4) An applicant of the international patent app lication that was deemed to have been withdrawn 
pursuant to the preceding 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 Submission of National Documents, may submit to the Commissioner of the Patent Office the translation of the description, etc. and the tran slations of the drawings and abstracts under 
paragraph (1) within two months from the date on which the reasons ceased to exist, but not 
later than one year following the expiration of the Time Limit for the Submission of National Documents. 
 (5) The translations submitted under 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 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 amende d scope of claim(s) no later than the date on 
which the Time Limit for the Submission of National Documents expires (the time of requesting 
where the applicant requests the examination of the application within the Time Limit for the 
Submission of National Documents, hereinafter re ferred 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 international patent application shall submit a document to the 
Commissioner of the Patent 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 the 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 Ordina nce of the Ministry of Economy, Trade and 
Industry; 
 (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 the 
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. IP/N/1/JPN/P/9 
 
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   (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 patent 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 application in Japanese language as of the international application date and a translation 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) submitted with the applicatio n under the said paragr aph; 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 Article 184-4(2) or (6 ), notwithstanding the preceding paragraph, a 
translation of the said amended scope of claim(s) shall be 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 be en 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 Article 20 of the 
Treaty within the time limit under the precedin g 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 not 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 pa tent application has made an amendment under 
Article 34(2)(b) of the Treaty, such applicant sh all submit to the Commissioner of the Patent 
Office, in the case of amendment with regard to a patent application in Japanese language, a 
copy of the written amendment submitted under Ar ticle 34(2)(b) and, in the case of amendment 
with regard to a patent application in foreign 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 amen dment to the description, scope of claim(s) 
or drawing(s) attached to the application shall be deemed to have been made under Article 17-
2(1) by the copy of the written amendment or  the translation of the written amendment; 
provided, however, that where the written amendm ent with regard to a patent application in 
Japanese language has been served to the Patent Office under Article 36(3)(a) of the Treaty IP/N/1/JPN/P/9 
 
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  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 not 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 Ar ticle 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 publication 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 patent application in foreign language under 
the proviso to Article 184-4(1), the Special Ti me Limit for the Submission of Translations, 
hereinafter the same shall apply in this paragraph) (in the case of an international patent 
application for which the applicant has requested an examination of the patent application within 
the Time Limit for the Submission of National Documents and of which the international publication under Article 21 of the Treaty (hereinaft er referred to as "international publication") 
has been effected, after such request for the examination 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; 
 (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 provided 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 Commissioner of the Patent Office, to be 
liable to contravene public order or morali ty 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 preced ing 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 (ii) and 193(2)(i), 
(ii), (vi) and (ix) 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 67-2(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 contained 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, the international publication of which has been effected." 
 IP/N/1/JPN/P/9 
 
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   (Effect etc., of international publication and National Publication) 
Article 184-10   (1) After the international publication 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 patent 
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 establishing 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 prior 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 international 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 ov erseas residents) 
Article 184-11  
 (1) Notwithstanding Article 8(1), an applicant of an international patent application who is an 
overseas resident may, prior to the National Processing Standard Time, undertake procedures 
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 international patent application shall be deemed to 
have been withdrawn. 
 (4) Where an applicant under paragraph (1) has undertaken procedures under Article 184-4(4) 
with being represented by a patent administrator, two preceding paragraphs 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 (excluding 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, an d, 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 am endment to the description, scope of claims or 
drawings with regard to a patent application in foreign language, the term "a foreign-language-written-application as provided in Article 36-2(2)" in Article 17-2(2) shall be deemed to be 
replaced with "a patent application in foreign language as provided in Article 184-4(1)"; the 
term "the description, scope of claims or drawings originally attached to the application (in the case of a foreign-language-written-application under Article 36-2(2), the translation of 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(6)  (in the case where 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 provided 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 Article 184-3(2) (hereinafter referred to as an "international 
patent application" in this paragraph) as of the international application date as provided in Article 184-4(1) (hereinafter referred to as the "international application date" in this paragraph), 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 IP/N/1/JPN/P/9 
 
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  translation of the scope of claim(s) amended under Article 19(1) of the 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 the 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)". 
 (3) Notwithstanding Article 17-3, an applicant of an international patent application may amend 
the abstract attached to the application only with in one year and three months from the priority 
date (in the case of a patent application in fo reign language, a translation of which has been 
submitted under Article 184-4(1), where such app lication falls under an international patent 
application of which the applicant has requested an examination within the Time Limit for the Submission of National Documents and the international publication has been effected, 
excluding the time after the request for an examination of the application has been filed). 
 
 (Special provisions for regist ration 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 la nguage, procedures under Articles 184-4(1) or (4) 
and 184-5(1) have been undertaken, the fee relating to the procedures under Article 195(2) has been paid, and the National Processing Standard Time has lapsed. 
 
 (Special provision co ncerning patentability) 
Article 184-13   
For the purpose of the application of Article 29-2,  in the case where another patent application 
or a utility model registration application as provided in Article 29-2 is an international patent application or an International utility model registration application under Article 48-3(2) of the Utility Model Act, the term "another patent application or a utility model registration application " 
under Article 29-2 of this Act shall be deemed to be replaced with "another patent application or 
utility model registration application (excluding a patent application in foreign language under Article 184-4(1) or a utility model registration application in foreign language 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," the term "published" shall be deemed to be replaced with "published or where 
international 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 deemed to be replaced with "the description, 
scope of claims, or drawings of an international application as of 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 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, 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, 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 claim 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 Article 41(3) to a patent application in Japanese language, 
the term "or the laying open of the patent applicat ion" 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." IP/N/1/JPN/P/9 
 
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   (3) For the purpose of the application of Article 41(3) for a patent application in 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 international application 
date under Article 184-4(1)," and the teem "or th e laying open of the application" shall be 
deemed to be replaced with "or the international publication 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 Utility Model Act, the term "the description, scope of claims for a patent or utility model 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 application date under Article 184-4(1) of this Act or Article 48-4(1) of the 
Utility Model Act,"; the term "the description, scope of claims for patent or utility model 
registration and drawings originally attached to the application in the earlier application " in Article 41(3) shall be deemed to be replaced with "the description, scope of claims or drawings 
of an international application of the earlier application as of the International Application Date 
under Article 184-4(1) of this Act or Article 48-4(1) of the Utility Model Act,"; the term "the laying open of the patent application relating to" in Article 41(3) shall 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 one year and three months 
from the filing date has lapsed" in Article 42(1) shall be deemed to be replaced with "at the later of the time of the National Processing Standard Time under Article 184-4 (6) of this Act or 
Article 48-4(6) of the Utility Model Act or the ti me when one year and three months 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) 
Article 184-16   
An international application 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 
patent 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 said 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 Article 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 Application in Foreign 
Language under 48-4(1) of the said Act, the procedures under Article 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 requ est 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 
case 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 language 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 Li mit for the Submission of National Documents (in 
the case of a patent 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 refu sal and a invalidation trial, with respect to a 
patent application in foreign language, the term "foreign-language-written-application" in Articles 49(vi), and 123(1)(i) and (v) shall be deemed to be replaced with "patent application in 
foreign language referred to in Article 184-4(1),"  and the term "foreign-language-documents" in 
Article 49(vi) and 123(1)(v) shall be deemed to be replaced with "the description, scope of 
claim(s) or drawing(s) of the international application as of the international application date referred to in Article 184-4(1)." 
 IP/N/1/JPN/P/9 
 
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   (Special provisions concerning correction) 
Article 184-19   
For the purpose of the request for correction under Article 134-2(1) and the request for a 
correction 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 Ar ticle 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 application as of the international application date referred to in 
Article 184-4(1)." 
 
 (International application deemed to  be patent application 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 international 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 shal l 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 language shall submit at the time of the request to the Commissioner of the Patent Office Japanese translations of documents concerning the international application as 
required by Ordinance of the Ministry of Econom y, Trade and Industry, 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 Treaty and the Regulati ons 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 an d the Regulations under the Patent Cooperation 
Treaty, the international application 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 international 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 deemed to be replaced with 
"international application in foreign language " and "description, 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 inte rnational application that is deemed to be a 
patent application under paragraph (4). In such a case, the replacement of terms necessary for 
the application of the said provisions shall be made as prescribed by Cabinet Order. 
 
Chapter X Miscellaneous Provisions 
 
 (Special provisions for patent or pate nt right covering two or more claims) 
Article 185   
Pertaining to the patent or patent rights covering two or more claims, for the purposes of the 
application of Article 27(1)(i), Article 65(5) (including its application under Article 184-10(2)), 
80(1), 97(1), 98(1)(i), 111(1)(ii), 123(3), 125, 126(8) (including its application under Article 134-2(9)), 128 (including its application under Article 134-2(9)), Article 132(1) (including 
its application under Article 174(2)) or 175, 176 or 193(2)(iv) 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. 
 IP/N/1/JPN/P/9 
 
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   (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 docu ments or an extract of documents, to allow the 
inspection or copying of documents, or to issu e documents stored on the magnetic tapes that 
constitute the part of the Patent Registry; prov ided, however, 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-documents, an foreign-language-abstract or any document 
pertaining to the examination of a patent a pplication (except where the establishment of a 
patent right has been registered or where the laying open of a patent application has been 
effected), or the materials under Article 67-2(2); 
 (ii) documents concerning a appeal against 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); 
 (iii) documents concerning a 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 owned by the said party in the case or intervenor has been described (trade secret as provided in Article 2(4) of the Unfair Co mpetition Prevention Act (Act No. 47 of 1993)); 
 (iv) documents which are liable to cause damage to an individual's reputation or peaceful life; 
and 
 (v) 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 (iv) 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 Information 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 possessed personal information (refers to the possessed personal inform ation as provided in Article 2(3) 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 
Economy, Trade and Industry, on the patented product, product produced by the patented 
process (hereinafter referred to as a "patented product"), or package thereof, indicating that the product or process is patented. 
 
 (Prohibition of false marking) 
Article 188   
It shall be prohibited for a pe rson 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 indication to the effect that a non-patented product is related 
to a patent or an indication confusing ther ewith for the purpose of having the product 
produced or used, or assigning, etc. the product; or 
 (iv) giving in an advertisement an indication 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. 
 IP/N/1/JPN/P/9 
 
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   (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 shall be deemed to be replaced with "an official designated by the Commissioner 
of the Patent Office or a trial clerk", the term "m ail or court enforcement officer" in Article 99(1) 
of the said Act shall be deemed 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 
documents concerning the examination are to be served, an official designated by the 
Commissioner 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 Ordinance 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) (excluding items (ii) and (iii)) of the Code of Civil Procedure as applied mutatis mutandis under Article 190 of this Act, service may be effected by public notification. 
 (2) Service by public notification shall be effect ed by publishing in the Official Gazette and the 
patent gazette and posting on the noticeboard of th e Patent Office a notification stating the fact 
that documents to be served are ready to be se rved at any time to the person who is to be 
served. 
 (3) Service by public notification shall take effe ct following the duration of 20 days from the day 
the notification is published in the Official Gazette. 
 
Article 192  
 (1) Where an overseas resident 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. (refers to service of register ed mail under Article 2(2) of the Act on service 
of Mail by Private Business Operator (Act No. 99 of 2002) provided by a general mail delivery 
service operator under Article 2(6) of the said Ac t or by a special mail delivery service operator 
under Article 2(9) of the said Act that is equi valent to registered mail by Ordinance of the 
Ministry of Economy, Trade and Industry, hereinafter the same shall apply in paragraph (3)). 
 (3) Where documents are dispatched by registered  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 publis h the patent gazette (Tokkyo Koho). 
 (2) In addition to the matters provided for in this Act, the patent gazette shall contain: 
 (i) the examiner's decision to the effect that an application is to be refused, or the waiver, 
withdrawal or dismissal of a patent application af ter the laying open of the patent application, 
or the withdrawal of an application for the regi stration 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, scope 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 prov iso to the said paragraph, limited to an 
amendment made through the submission of a statement of correction of an incorrect 
translation); 
 (iv) the extinguishment of patent rights (excluding 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)); 
 (v) filings for a request for trials or retrials, or withdrawals thereof; IP/N/1/JPN/P/9 
 
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   (vi) final and binding trial decisions or retrial decisions (limited to patent applications in which 
the establishment of a patent right has been registered or which have been laid open); 
 (vii) matters stated in the corrected description and scope of claims and the contents of 
drawings (limited to those corrected following a final and binding trial decision to the effect 
that the correction was to be made); 
 (viii) requests for an award, the withdrawal thereof or a Commissioner's decision; and  (ix) final and binding judgments in an action under Article 178(1) (limited to cases where the 
establishment of a patent right has been regi stered or the laying open of the patent 
application has been effected). 
 
 (Submission of documents, etc.) 
Article 194  
 (1) The Commissioner of the Patent 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 a trial 
or a retrial. 
 (2) The Commissioner of the Patent Office or the examiner may commission related 
administrative agencies, educational institutions 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 within the range of the amounts specified in the corresponding right-
hand column of the table. 
 (3) Notwithstanding the provisions of the prec eding 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 amen dment 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 appl y 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 the portion of their respective shares of the said right has been 
agreed, notwithstanding the provisions of paragraph (1) or (2), the fees payable thereunder 
(limited to those provided by Cabinet Order excluding the fees for the request for an examination) shall be determined as the sum of the provided fees multiplied by the ratios of the share of each person other than the State, an d, 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 reduction of th e fees for the request for an examination or 
exemption therefrom under the following Article 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, notwithstanding the provisions of 
paragraph (2), the fees for the request for an ex amination 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 sa id reduction/exemption) by the ratios of the IP/N/1/JPN/P/9 
 
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  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 calculated und er 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 Mi nistry 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 withdrawn, upon the request of the person who paid the fees for the request for 
examination under paragraph (2), such fees in th e amount prescribed by Cabinet Order shall be 
refunded, provided that the certified copy of th e 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 applic ation has been waived or withdrawn. 
 (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. 
 
 (Reduction of or exemption from fees fo r request for examination of application) 
Article 195-2   
Where the Commissioner of the Patent Office reco gnizes that a person who files a request for 
examination of an application and meets the requirements of Cabinet Order considering 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 th e 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. 
 
 (Exclusion of application of Administrative Procedures Act) 
Article 195-3   
Chapters II and III of the Administrative Procedures Act (Act No. 88 of 1993) shall not apply to 
dispositions under this Act or an order issued under this Act. 
 
 (Restriction on appeals under Administrative Appeal Act) 
Article 195-4   
No appeal shall be available under the Administrative Appeal Act against an examiner's 
decision or a trial decision, or a ruling to dismiss a written request for a trial or retrial or a written request for correction under Article 134-2(1), or against dispositions against which no 
appeal lies in accordance with this Act. 
 
Chapter XI Penal Provisions 
 
 (Crime of infringement) 
Article 196   
An infringer of a patent right 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. 
 IP/N/1/JPN/P/9 
 
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   (Crime of fraud) 
Article 197   
Any person who has obtained a patent, a registrati on of extension of the duration of a patent 
right or a trial decision by means of a fraudule nt act shall be punished by imprisonment with 
work for a term not exceeding three years or a fine not exceeding 3,000,000 yen. 
 
 (Crime of false marking) 
Article 198   
A person(s) who fails to comply with Article 188 shall be punished by imprisonment with work 
for a term not exceeding three years or a fine not exceeding 3,000,000 yen. 
 
 (Crime of perjury, etc.) 
Article 199   (1) A witness, an expert witness or an interpreter who has sworn under this Act and made a false 
statement or given an expert opinion or interpretation to the Patent Office or the court 
commissioned thereby shall be punished by impr isonment 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 certified copy of the judgment on the case has been served 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. 
 
 (Crime of breach of  protective order) 
Article 200-2   (1) A person who fails to comply 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 
juridical person or individual, any act in violation prescribed in the following items, in addition to 
the offender, the juridical person shall be punish ed by a fine as provided in the corresponding 
item and the individual shall be punished by a fi ne as provided in the Article prescribed in the 
corresponding item: 
 (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 sh all 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 under Article 207(1) of the Code of Civil Procedure as applied 
under Article 151 (including its application under Articles 71(3), and 174(1) to (3) 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. 
 IP/N/1/JPN/P/9 
 
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  Article 203   
A person(s) who has been summoned by the Patent Office or a court commissioned thereby in 
accordance with this Act, and fails to appear or refuses to swear, make a statement, testify, give 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 
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 184-5(1) 16,000 yen per case 
4 A person responsible for the 
procedures under Article 184-20(1) 16,000 yen per case 
5 A person filing an application for the 
registration of extension of the duration of a patent right 74,000 yen per case 
6 A person requesting an examination of 
an application 168,600 yen per case plus 4,000 yen 
per claim 
7 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 
8 A person requesting an advisory 
opinion under Article 71(1) 40,000 yen per case 
9 A person requesting an award 55,000 yen per case 
10 A person requesting canceling of an 
award 27,500 yen per case 
11 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 
12 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 appeal examiner's decision in 
these trials. 55,000 yen per case 
13 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 
14 A person applying intervention in a trial 
or retrial. 55,000 yen per case 
 
 
 
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