1  
         
Law Concerning Internatio nal Applications, etc.  
Pursuant to the Patent  Cooperation Treaty 
 
(Law No. 30 of April 26, 1978, as amended) 
 
  
 
Law Concerning International Applications, etc. 
Pursuant to the Patent Cooperation Treaty 
(Law No. 30 of April 26, 1978, as amended) 
 
Table of Contents 
Chapter I General Provisions (Article 1) 
Chapter II The International A pplication (Article 2 to 7) 
Chapter III The International Search (Article 8 and 9) Chapter IV The International Prelimin ary Examination (Article 10 to 15) 
Chapter V Miscellaneous Provisions (Article 16 to 21) Supplementary Provisions 
 この特許協力条約に基づく国際出願等に関する法律の翻訳は、平成二十六年法律第三
十六号までの改正（平成２７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. 36 of 2014 (Effective April 1, 2015 )). 
  This is an unofficial translation. Only the original Japanese texts of laws and 
regulations have legal effect, and the translat ions are to be used solely as reference 
material to aid in the understandin g 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.  2  
 
Chapter I General Provisions (Article 1)  
(Purpose) 
1.―This Law shall provide for proceedings to be taken between the Patent Office 
and an applicant concerning an internatio nal application, international search 
and international preliminary examinatio n pursuant to the Patent Cooperation 
Treaty done at Washington on June 19, 1970 (hereinafter referred to as “Treaty”). 
 
Chapter II The International Application (Article 2 to 7) 
 
(The international application) 
2.―A Japanese national or an alien who is domiciled or resident (or, in the case of a 
legal entity, established) in Japan (hereinaf ter referred to as a “Japanese national, 
etc.”) may file an international application re ferred to in Article 2(vii) of the Treaty 
(hereinafter referred to as “international ap plication”) with the Commissioner of the 
Patent Office. The same shall also apply in the case where a Japanese national, etc. and a person other than the Japanese national, etc. jointly file an international application. 
 (The request, etc.) 
3.―(1) A person desiring to file an inter national application shall submit to the 
Commissioner of the Patent Office a request , a description, one or more claims, one 
or more drawings (where required) and an abstract in theJapanese language or in a foreign language specified in an ordinance of  the Ministry of Economy, Trade and 
Industry. (2) The request shall contain the following: 
(i) a petition to the effect that the international application be processed 
according to the Treaty; 
(ii) the name, the nationality and the do micile or residence of the applicant; 
(iii) the title of the invention; (iv) other particulars specified in an ordinance of the Ministry of Economy, Trade 
and Industry. 
(3) An ordinance of the Ministry of Economy, Trade and Industry shall prescribe the matters to be stated or illustrated in a de scription, claims, drawings and an abstract, 3 and other necessary particulars in  relation to these documents. 
 (According of the international filing date, etc.) 
4.―The Commissioner of the Patent Office shall decide to accord as the 
international filing date the date of receip t of the international application, unless 
the international application falls under any of the following items: 
(i) the applicant does not comply with the requirements of Article 2; (ii) the particulars listed in Article 3(2)(i) are not stated; 
(iii) the name of the applicant is not st ated, or the statement is not considered 
sufficient to the extent to enable the identification of the applicant; 
(iv) the international application does not contain a description or a claim or 
claims. 
(v) the description and claims(s) are not in the Japanese language or in a foreign 
language specified in an ordinance of the Ministry of Economy, Trade and 
Industry referred to in Article 3(1); 
(2) Where an international application falls  under any of the items of the preceding 
paragraph, the Commissioner of the Patent  Office shall invite the applicant to 
make the required correction in writin g, designating an adequate time limit. 
(3) The Commissioner of the Patent Office shall decide to accord as the 
international filing date the date of rece ipt of the correction in writing when the 
person whom he has invited to make th e correction under the preceding paragraph 
has complied with the invitation within the time limit designated in accordance with the said paragraph. 
 
5.―(1) Where an international application refers to drawings which are not 
included in that application, the Commissioner of the Patent Office shall notify the 
applicant accordingly. 
(2) If the person who has been notified in accordance with the preceding paragraph 
has furnished the drawings mentioned in the said paragraph within the time limit prescribed in an ordinance of the Ministry of Economy, Trade and Industry, the Commissioner of the Patent Office shall de cide the date on which the drawings are 
received as the international filing date. 
 (Invitation to make corrections) 
6.―Where an international application falls under any of the following items, the 
Commissioner of the Patent Office shall in vite correction to be made in writing, 4 designating an adequate time limit: 
(i) where the request is not in the Japanese language or a foreign language 
specified in an ordinance of the Ministry of Economy, Trade and Industry; 
(ii) where the title of an invention is not stated; 
(iii) where drawings (limited to the te xt matter of drawings) and an abstract are 
not in the same language as that of the description and claim(s); 
(iv) where an abstract is not contained; 
(v) where there is no compliance with Article 16(3) or Article 7(1) to (3) of the 
Patent Law (Law No. 121 of 1959) applied in the first sentence of Article 19(1) (or provisions of pertinent Cabinet Order if any exceptions are made therefor by 
Cabinet Order referred to in the se cond sentence of Article 19(1); 
(vi) where there is no compliance with  formal requirements specified in an 
ordinance of the Ministry of Economy, Trade and Industry. 
 
(Decision for being considered withdrawn) 
7.―When an international application falls under any of the following items, the 
Commissioner of the Patent Office shall decide that such application shall be 
considered withdrawn: 
(i) when a person who has been invited to make a correction under Article 6 has 
failed to make the correction within th e time limit designated in accordance 
with the said Article; 
(ii) when the fees to be paid under Article 18(2) (excluding the portion specified in 
row of table 3 under said paragraph) have not been paid within the time limit prescribed in an ordinance of the Ministry of Economy, Trade and Industry; 
(iii) in respect of an international applic ation for which the decision under Article 
4(1) or (3) or article 5(2) has been made, when the said international application is found to fall under any of the items of article 4(1) within the time limit prescribed in an ordinance of the Ministry of economy, Trade and Industry. 
 
Chapter III The International Search (Article 8 and 9) 
 
8.―(1) In respect of an international application [excluding one for which the 
international search referred to in Articl e 15 of the Treaty (hereinafter referred to 
as “international search”) is carried out by another International Searching 
Authority provided for in the Treaty. Hereinafter the same in this Chapter and the next Chapter] for which the decision under Ar ticle 4(1) or (3) or Article 5(2) has been 5 made, the Commissioner of the patent Office shall have an examiner establish the 
international search report re ferred to in Article 18(1) of the Treaty (hereinafter 
referred to as “internat ional search report”). 
(2) Where an international application fa lls under any of the following items in 
connection with all of the claims therein, the examiner shall decide not to establish 
the international search report, notwiths tanding the provision of the preceding 
paragraph: 
(i) where the international application relates to a subject matter for which an 
ordinance of the Ministry of Economy, Trade and Industry provides that the 
international search is not required; 
(ii) where the necessary matters are not disc losed in the description, the claims or 
the drawings, or the disclosure is so unclear that a meaningful search could not be carried out on the basis of such documents. 
(3) Where an international application falls under any of the items under the 
preceding paragraph in connection with certain claims therein, the examiner shall indicate accordingly and also state the re sult of the international search carried 
out in connection with only those claims other than the said certain claims in the international search report. 
(4) Where an international application d oes not comply with the requirement of 
unity of invention referred to in Article 17(3)(a) of the Treaty, the Commissioner of the Patent Office shall invite the applicant  to pay the additional fees which are to 
be fixed, the extent the amount obtained by multiplying the number of the claimed inventions minus one by 78,000 yen, by Cabinet Order, designating an adequate time limit. 
(5) Where the applicant who was invited to pay additional fees under the preceding 
paragraph has no paid the required addi tional fees within the time limit 
designated in accordance with the said pa ragraph, the examiner shall, as provided 
in an ordinance of the Ministry of Economy, Trade and Industry, separate the international application into a part which re lates to inventions in respect of which 
the said fees were paid and a part which relates to the other inventions and shall state in the international search report the result of the international search 
carried out for that part which relates to th e inventions in respect of which the said 
fees were paid, whereas, for that part whic h relates to the other inventions, a note 
to that effect. 
 (Request for copy of reference) 6 9.―Where the international search report co ncerning his international application 
contains the citations of the document s considered to be relevant to his 
international application, the applicant may make a request to the Commissioner 
of the Patent office within the time limit prescribed in an ordinance of the Ministry of Economy, Trade and Industry fo r copies of those documents to be sent. 
 
 
 Chapter IV The International Prelimi nary Examination (Article 10 to 15) 
 
(Demand for  international preliminary examination ) 
10.― (1) The applicant of an international application for which the decision under 
Article 4(1) or (3) or Article 5(2) has been made may make a demand to the 
Commissioner of the Patent Office fo r international preliminary examination 
referred to in Article 33 of the Treaty (hereinafter referred to as “international 
preliminary examination”) in respect of his international application within the 
time limit prescribed in an ordinance of the Ministry of Economy, Trade and Industry. However, this provision shall not apply where the applicant is other than those who are entitled to make a de mand for international preliminary 
examination under Article 31(2) of the Treaty and where there are situations 
provided for in an ordinance of the Mini stry of Economy, Trade and Industry. 
(2) A person desiring to make a demand re ferred to in the preceding paragraph shall 
submit to the Commissioner of the Patent Office a written demand which indicates, 
in the Japanese language or in a foreig n language prescribed in an ordinance of the 
Ministry of Economy, Trade and Industry , matters specified in an ordinance of the 
Ministry of Economy, Trade and Industry. 
 (Amendment in consequence of demand fo r international preliminary examination) 
11.― The applicant of an international application having made a demand for 
international preliminary examination may amend the description, the claims or 
the drawings within the time limit prescribed in an ordinance of the Ministry of Economy, Trade and Industry within the di sclosure in the description, the claims 
or the drawings of the international application as filed. 
 (International preliminary examination report) 
12.― (1) Where a demand for international preliminary examination has been 
made, the Commissioner of the Patent Office shall have an examiner establish the 
international preliminary examination report revered to in Article 35 of the Treaty 7 (hereinafter referred to as “international  search report”) in respect of the 
international application for which the said demand has been made. 
(2) Where the international application for which a demand for international 
preliminary examination has been made fa lls under any of the following items in 
connection with all of the claims therein, the examiner shall so indicate and where such international application falls under any of the following items in connection 
with certain claims therein, the examiner shall indicate accordingly and also state 
the result of the international prelimi nary examination carried out in connection 
with only those claims other than the said certain claims in the international preliminary examination report: 
(i) where the international application relates to a subject matter for which an 
ordinance of the Ministry of Economy, Trade and Industry provides that the 
international preliminary examination is not required; 
(ii) where the description, the claims, or the drawings, are so unclear, or the claims 
are so inadequately supported by the descri ption, that an opinion referred to in 
Article 33(1) of the Treaty cannot be formed on novelty, inventive step, or industrial applicability defined in Article 33(2), (3) or (4) of the Treaty in respect of the claimed invention. 
(3) Where the international application for which a demand for international 
preliminary examination has been made d oes not comply with the requirements of 
unity of invention referred to in Article 34(3)(a) of the Treaty, the Commissioner of the Patent Office shall invite the applicant to restrict the claims to be subjected to 
the international preliminary examination or to pay the additional fees which are to be fixed, to the extent the amount obtained by multiplying the number of the claimed inventions minus one by 21,000 yen, by Cabinet Order, designating an adequate time limit. 
(4) Where the applicant who was invited to re strict the claims to be subjected to the 
international preliminary examination or to pay the additional fees under the  
preceding paragraph has not restricted the sa id claims or has not paid the required 
additional fees within the time limit designated under the said paragraph, the examiner shall, as provided in an ordinanc e of the Ministry of Economy, Trade and 
Industry, separate the international ap plication into a part which relates to 
inventions in respect of which the said f ees were paid and a part which relates to 
the other inventions and shall state in the international preliminary examination 
report the result of the international pre liminary examination carried out for that 
part which relates to the inventions in re spect of which the said fees were paid, 8 whereas, for that part which relates to th e other inventions, a note to that effect. 
 (Submission of written response) 
13.― Where the international application for which a demand for international 
preliminary examination has been made falls  under any of the following items, the 
examiner shall inform the applicant accord ingly and of the reasons therefor prior 
to establishing the international prelim inary examination report and give him an 
opportunity to submit a written respon se, designating an adequate time limit: 
(i) where the claimed inventions lack novelty, inventive step, or industrial 
applicability defined in Article 33(2), (3) or (4) of the Treaty; 
(ii) where it is necessary for the inter national preliminary examination report to 
contain the observations referred to in A rticle 35(2) of the Treaty or where there 
is a provision in an ordinance of the Mini stry of Economy, Trade and Industry. 
 (Defects, etc., in proceedings for demandin g international preliminary examination) 
14.―Where, in respect of the demand for international preliminary examination, 
the fees to be paid under Article 18(2) (e xcluding the portion specified in row of 
table 3 under said paragraph) have been  paid, or there are such reasons as 
provided for in an ordinance of the Minis try of Economy, Trade and Industry, the 
proceedings to be taken by the Commissioner of the Patent Office and the applicant and the effect thereof shall be provided for by Cabinet Order. 
 
(Application mutatis mutandis) 
15.―Article 9 shall apply mutatis mutandis to the case where the applicant has 
made a demand for international preliminary examination. 
 9 Chapter V -- Miscellaneous Provisions (Article 16 to 21) 
 
(Representatives, etc.) 
16.―(1) In respect of proceedings to be taken under this Law in the case where two 
or more persons jointly filed an internatio nal application, a representative of the 
applicants may take such proceedings, or such proceedings may be taken against such representative, subject to the provis ions in an ordinance of the Ministry of 
Economy, Trade and Industry. 
(2) Where two or more persons jointly f iled an international application but they 
have not designated their representative, the Commissioner of the Patent Office 
may appoint a representative of the applicants as provided in an ordinance of the Ministry of Economy, Trade and Industry. 
(3) A person desiring to take proceedin gs under this Law through an agent shall 
appoint a patent attorney or an attorney at law as his agent, except the case where a proceeding is taken by a legal representative in accordance with the principal sentence of Article 7(1) of the Patent La w as applied under the first sentence of 
Article 19(1) of this Law or where a situation is provided for by Cabinet Order. 
 (Special provisions for corrections, etc.)  
17.―Where the applicant has taken, prior to th e receipt of the invi tation referred to 
in Article 4(2) or the notification referre d to in Article 5(1), the proceeding which 
should be taken if the said invitation or  the said notification were received, the 
said proceeding shall be considered to have been taken or receipt of the said invitation or the said notification, subject to the provisions in an ordinance of the Ministry of Economy, Trade and Industry. 
 
(Fees) 
18.―(1) The person making the request refe rred to in Article 9 (including its 
application under Article 15) shall pay the fees the amount of which shall be 
prescribed by Cabinet Order with the a ctual costs taken into consideration. 
(2) The persons specified in the second column of the following table shall pay the 
fees the amount of which is the sum of the amount prescribed by Cabinet Order within the limit of the amounts specified in the third column of the table and the amount specified in the fourth column of the said table: 
(i) a person filing an international application for which the international search is 
to be carried out by the Patent Office ― 110,000 yen per case; the amount 10 prescribed by Cabinet Order as the f ee related to the International Bureau 
(meaning the International Bureau defi ned in Article 2(xix) of the Treaty 
--hereinafter referred to as "International  Bureau") of the fees under Article 
3(4)(iv) of the Treaty. 
(ii) a person filing an international application for which the international search 
is to be carried out by an International  Searching Authority which is other than 
the Patent Office and which is provided for in the Treaty ― 13,000 yen per 
case; the amount prescribed by Cabine t Order, as the fee related to the 
International Searching Authority define d in the Treaty other than the Patent 
Office and the International Bureau, of the fees under Article 3(4)(iv) of the Treaty. 
(iii) a person making a demand for international preliminary examination ― 
36,000 yen per case; the amount prescribed by Cabinet Order as the fee related 
to the International Bureau defined of the fees under Article 31(5) of the Treaty. 
 
(3) Article 195(4), (5), (7), (8), and (11) to (13) of the Patent Law shall apply mutatis 
mutandis to the fees to be paid under paragraph (1) and the preceding paragraph (excluding the portion of the amount specified in the fourth column of the table under the said paragraph) and the fees required to be paid additionally under Article 8(4) or Article 12(3), and Article195(8), and (11) to (13) shall apply mutatis mutandis to the fees to be paid under  the preceding paragraph (excluding the 
portion of the amount prescribed by Cabi net Order in the said paragraph within 
the amount specified in the third column of the table under the said paragraph), 
respectively.  
 
(Application mutatis mutandis of Patent Law) 
19.―(1) Articles 7(1) to (3), 8, 11, 13(1) and (4), 16, 20 and 21 of the Patent Law 
shall apply mutatis mutandis to the proceedings under this Law. In this case, 
where there are any particular provisions in the Treaty or Regulations under the 
patent Cooperation Treaty (hereinafter re ferred to as “Regulations”), Cabinet 
Order may provide for special provisions for the implementation of the said particular provisions. 
(2) Article 47(2) of the Patent Law shall apply mutatis mutandis to international 
search and international preliminary examination. 
(3) Article 195
ter of the Patent Law shall apply mutatis mutandis to the measures 11 under this Law or an order or ordinance under this Law. 
 (Delegation to ordinance of Ministry of International Trade and Industry) 
20.―In addition to the provisions from Articles 2 to 19, details of the matters 
necessary in the implementation of the Treaty and Regulations concerning the 
international application, international  search and international preliminary 
examination shall be prescribed by an ordina nce of the Ministry of Economy, Trade 
and Industry. 
 (Tasks as an office and Authority under the Treaty) 
21.―No provisions of this Law shall preclude the Patent Office from carrying out, in 
accordance with the Treaty or Regulations, or any agreements made pursuant 
thereto, the tasks as specified in the Trea ty for the Receiving Office, International 
Searching Authority or International Pre liminary Examining Authority, on behalf 
of persons other than those who are subject to the provisions of this Law, to the extent that there shall be no bar on the or derly execution of the tasks to be carried 
out by the Patent Office pursuant to the provisions of this Law, the patent Law 
and other laws, where necessary from the view point of international cooperation 
in industrial property. 
 Supplementary provisions (Extract)