WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO  IP/N/1/JPN/P/8 
23 April 2008 
 (08-1947) 
Council for Trade-Related Aspects 
of Intellectual 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 text
1 of the Patent Act, as notified by Japan under 
Article 63.2 of the Agreement (see document IP/N/1/JPN/8). 
 
 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
1 de la Loi sur les brevets, qui a été notifiée par le Japon 
au titre de l'article 63:2 de l'Accord  (voir le document IP/N/1/JPN/8). 
 
 
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
1 de la Ley de Patentes, que el Japón ha 
notificado en virtud del párrafo 2 del artículo 63 del Acuerdo (véase el documento IP/N/1/JPN/8). 
 
                                                      
1 In English only. The text in the original language is available for consultation by interested 
Delegations at the WTO Secretariat./En anglais seulemen t.  Les délégations intéressées peuvent consulter le 
texte dans sa langue d'origine, au Secrétariat de l'OM C./En inglés solamente.  Las delegaciones interesadas 
podrán consultar en la Secretaría de la OMC el texto en su idioma original. IP/N/1/JPN/P/8 
Page 2  
 
 
JAPAN  
Patent Act  
(April 13, 1959) 
(Law No. 121) 
 
Table of Contents    Chapter I   General Provisions (Section 1 through Section 28)   Chapter II   Patents and applications fo r patent (Section 29 through Section 46-2) 
 
 Chapter III  Examination (Section 47 through Section 63)   Chapter III-2 Publication of Patent Applications (Section 64 through Section 65)  
 Chapter IV  Patent Rights 
   Part 1 Patent Rights (Section 66 through Section 99)    Part 2 Infringement of Rights (Section 100 through Section 106) 
 
  Part 3 Maintenance Fees (Section 107 through Section 112-3)   Chapter V   Deleted  
 Chapter VI  Hearings (Section 121 through Section 170) 
  Chapter VII  Rehearing (Section 171 through Section 177)   Chapter VIII  Litigation (Section 178 through Section 184-2)  
 Chapter IX  Special Provisions Concerning International Applications under the Patent 
Cooperation Treaty (Section 184-3 through Section 184-20)   Chapter X  Miscellaneous Provisions (Section 185 through Section 195-4)  
 Chapter XI  Penal Provisions (Section 196 through Section 204) 
  Supplementary Provisions 
 
 
Chapter I General Provisions 
 
1.  Purpose 
 
The purpose of this Law is, through promoting the protection and the use of inventions, to encourage inventions, 
and thereby to contribute to the development of industry. 
  IP/N/1/JPN/P/8 
 Page 3 
 
 
 
2.  Definitions 
 
(1)  “Invention” in this Law means the highly advanced cr eation of technical ideas utilizing the laws of nature.  
 (2)  “Patented invention” in this Law means an invention for which a patent has been granted. 
 
(3)  “Working” of an invention in this Law means the following acts:   
(i)   in the case of an invention of a product (inclu ding a computer program, etc., hereinafter the same), 
manufacturing, using, assigning, etc. (assigning and leas ing and, in the case where the product is a computer 
program, etc., including providing through a telecomm unications line, hereinafter the same), importing or 
offering for assignment, etc. (including displaying for the purpose of assignment, etc., hereinafter the same) 
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 manufacturing a product, in addition to the action as provided in 
the preceding paragraph, acts of using, assigning, etc., importing or offering for assignment, etc. the product manufactured by the process. 
 
(4) A “Computer program, etc.” in this Law means a com puter program (a set of instructions given to an 
electronic computer which are combined in order to pr oduce a specific result, hereinafter the same in this 
subsection) and any other data that is to be processed by an electronic computer equivalent to a computer 
program.  
3.  Calculation of Time Periods   
 
(1)  The calculation of time periods under this Law or any order issued under this Law shall be made in 
accordance with the fo llowing provisions. 
 (i)   The first day of the period shall not be included in the calculation. Notwithstanding the foregoing, this 
provision shall not apply where the period 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 period is not calculated from the beginning of a month or a year, the period shall 
expire on the preceding day of the day corresponding to the first day of the calculation in the last month or year. 
Notwithstanding the foregoing, 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 the Law concerning Holidays of Administrative Organizations (Law No.91 of 1988), the day following such 
day shall be the last day of the period. 
 4.  Extension of Time Limits  , etc. 
 
The Commissioner of the Patent Office may, upon request or ex officio, extend the period provided for in 
Sections 46-2(1)(iii), 108(1), 121(1) and 173(1), for a pe rson in a remote area or an area with transportation 
difficulty.  
 
5 
 
(1)  Where the Commissioner of the Patent Office, the presiding judicial examin er, or the examiner has 
designated a time limit by which proc edures are to be undertaken under this Law, said official may, upon 
request or ex officio, extend the time limit. 
 
(2) Where the presiding judicial examiner has designated a specific date under this Law, said official may, upon 
request or ex officio,  change such date. IP/N/1/JPN/P/8 
Page 4  
 
 
6.  Capacity of non-legal entities such as  associations, etc. to undertake procedures 
 
(1)  An association or foundation which is not a legal entity 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 petition for a hearing for patent invalida tion or a hearing for invalidation of the registration of 
extension of term; and 
 
(iii) file a petition for a rehearing in accordance with Sect ion 171(1), against a final and conclusive ruling in a 
hearing for patent invalidation or a hearing for invalidation of the registration of extension of term.  
(2)  An association or foundation which is not a legal entity but for which a representative or an administrator 
has been designated may be named as a respondent in a petition filed for a rehearing against a final and conclusive ruling in a hearing for patent invalidation or a hearing for invalidation of the registration of extension 
of term.  
 
7.  Capacity of minors  or incompetent adults under guardianship etc. to undertake procedures 
 
(1)  Minors or incompetent adults under guardianship shall not undertake procedures except through their legal 
representatives. Notwithstanding the foregoing, this provision shall not apply where a minor is capable of 
independently performing a legal act.    
 (2)  Where a quasi-incompetent person under guardianship undertakes proced ures, the consent of a guardian of 
the said quasi-incompetent person is required. 
 
(3)  Where a legal representative undertakes procedures, th e consent of a supervisor of  the guardian, if any, is 
required.   
(4)  Where an adverse party files a petition for a hearin g or rehearing involving a quasi-incompetent person 
under guardianship or a legal representative, the preceding two subsections shall not apply.    
8.  Patent administrators for nonresidents 
 
(1) Unless otherwise provided for by Cabinet Order, no person domiciled or resident (or, in the case of a legal 
entity, with a place of busine ss) outside Japan (hereinafter referred to as a “nonresident”) may undertake 
procedures or institute litigation against measures taken by a relevant administrative agency in accordance with 
the provisions of this Law or an order issued under this Law, 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 principal in all procedures and litigation against measures taken 
by any relevant administrative agency  in accordance with the provisions of this Law or an order issued under 
this Law. Notwithstanding the foregoing, this provision shall not apply where the nonresident limits the scope of 
power of representation of the patent administrator. 
 
9.  Scope of powers of attorney 
 
A representative of a person domiciled or resident in Ja pan (or, in the case of a legal entity, with a place of 
business) and who is proceeding before the Patent Of fice shall not, unless expre ssly so empowered, convert, 
abandon or withdraw a patent application, withdraw an application for extension of the registration term of a patent right, withdraw a petition, app lication or motion, make or withdraw a priority claim under Section 41(1), 
file a petition for publication of an application, file a petition for a hearing against an examiner's decision of 
refusal, abandon a patent right or appoint a sub-representative.  
10. (Deleted) 
  IP/N/1/JPN/P/8 
 Page 5 
 
 
11.  No revocation of power of attorney 
 
The power of attorney of an authoriz ed representative acting for a person undertaking procedures shall not be 
revoked upon the death of the principal, or in the case of  a legal entity, merger of the principal, termination of 
trust duties of a trustee who is the principal, the death of  a legal representative, or change or revocation of the 
legal representative's power of representation. 
 
12.  Independent represen tation by representatives 
 
Where  there are two or more representatives acting for a person who undertakes procedures, each representative 
may represent the principal before the Patent Office. 
 
13.  Replacement of representatives, etc. 
 
(1) Where the Commissioner of the Patent Office or the pr esiding judicial examiner considers that a person 
undertaking procedures is not competent or suitable for undertaking such procedures, the official may order the person to undertake the procedures through a representative. 
 
(2) Where the Commissioner of the Patent Office or th e presiding judicial exam iner considers 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 sub-sections, the Commissioner of the Patent Office or the presiding 
judicial examiner may order that a pa tent attorney be the representative. 
 (4)  The Commissioner of the Patent Office or the presid ing judicial examiner may, after the issuance of an 
order under subsection (1) or (2), dismiss the procedures before the Patent Office undertaken by the person 
undertaking procedures  under sub-section (1) or the representative under subsection (2).  
 
14.  Mutual represen tation of multiple parties in the case 
 
Where two or more persons are jointly  proceeding before the Patent Office,  each of them shall represent the 
other or others with respect to procedures other than the conversion, abandonment and withdrawal of a patent application, the withdrawal of an application for extension of the registration term of a patent right, the 
withdrawal of a petition, application, or motion, the making and withdrawal of a priority claim under 
Section 41(1), the petition for publication of an application, and the petition for a hearing against an examiner’s decision of refusal.  Notwithstanding the foregoing, th is provision shall not apply where the said persons have 
appointed a representative for both/all of them and have notified the Patent Office accordingly.  
 
15.  Jurisdiction over nonresidents 
 
Regarding a patent right or other right relating to the patent of a nonresident, the location of the property under 
Article 5(4) of the Code of Civil Procedure (Law No.109 of 1996) shall be the domicile or residence of the 
nonresident's patent administrator, or if there is no such  patent administrator, the address of the Patent Office. 
 
16.  Ratification of acts of persons lacking legal capacity 
 
(1)  Any procedures undertaken by a minor (excluding one who has a legal capacity to act independently) or an 
incompetent adult under guardianship may be ratified by  the person's legal representative (or by the said 
incompetent adult under guardianship, if the person later acquires a legal capacity to undertake the procedures). 
 
(2)  Any procedures undertaken by a person with no power of representation may be ratified by the principal 
holding legal capacity to undertake the proced ures or the principal' s legal representative. 
 
(3) Any procedures undertaken by a qu asi-incompetent person under guardianship with out the consent of his 
guardian may be ratified if the quasi-incompetent person under guardianship obtains the approval of his guardian. 
 IP/N/1/JPN/P/8 
Page 6  
 
 
(4) Any procedures undertaken by a legal representative without the consent of a supervisor of a guardian may 
be ratified by the legal representative if the approval of the supervisor of the guardian is obtained, or by the 
principal if the principal acquires a lega l capacity to undertake the procedures. 
 
17.  Amendment of proceedings 
 
(1)  A person undertaking a procedure before the Pate nt Office may make amendments only while the case is 
pending.  Notwithstanding the foregoing, subject to the subsequent section to Section 17-4, the person may not 
amend the description, scope of claims, drawing(s) or the abstract attached to the request, and under 
Section 134-2(1) or for a hearing for correction may not amend the corrected description, scope of claims or drawing(s) attached to the petition for correction. 
 
(2)  Notwithstanding the principal sentence of the preceding subsection, an applicant of a Foreign Language Document Application as provided in Section 36-2(2) may not amend the Foreign Language Document and the 
foreign language abstract as pr ovided in Section 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 w ith Sections 7(1) to (3) or Section 9;   
 (ii)   where the procedures do not comply with the formal requirements prescribed by this Law or an order 
thereunder; and 
 (iii)  where the fees relating to  the procedures payable under Sections 195(1) to (3) are not paid. 
 
(4)  For any amendment of procedures (except in the case of the payment of fees ) said amendment shall be 
submitted in writing, except for cases prescribed by Section 17-2(2). 
 
17-2.  Amendment of Description, Claim or Drawing attached to the Request  
 
(1)  An applicant for a patent may amend the description, scope of claims, or drawings  attached to the request, 
before the service of the certified copy  of the examiner's decision notifying that a patent is to be granted.  
Notwithstanding the foregoing, following  the receipt of a notification provid ed under Section 50, an amendment 
may only be made in the following cases: 
 
(i)   where the applicant has receive d the first notification (hereinafter referred to in this section as the 
“Notification of Reasons for Refusal”) under Section 50 [including its application under Section 159(2) (and including its application under Section 163(3) and Section 174(1)), hereinafter the same in this subsection] and 
said amendment is made within the designated time limit under Section 50;] 
 (ii) where, following the receipt of  the Notification of Reasons for Re fusal, the applicant has received a 
notification under Section 48-7 and the said amendment is made within the designated time limit under the said 
section;  
(iii) where, following the receipt of the Notification of Reasons for Refusal,  the applicant has received a further 
Notification of Reasons for Refusal and the said amendment is made within the designated time limit under Section 50 with regard to the final Notification of Reasons for Refusal; and 
 
(iv) where the applicant files a petition for a hearing against an examiner’s decision of refusal and said amendment is made within 30 days of said petition for said hearing. 
 
(2)  Where an applicant of a Foreign Language Document  Application as provided in Section 36-2(2) amends 
the Description, Claims or Drawings  under the preceding subsection for th e purpose of correcting an incorrect 
translation, the applicant shall submit the statement of correction of the incorrect translation, stating the grounds 
thereof. 
  IP/N/1/JPN/P/8 
 Page 7 
 
 
 
(3)  Except in the case where the said amendment is made  through the submission of a statement of correction of 
an incorrect translation, an y amendment of the Description, Claims or Drawings under Subsection (1) shall be 
made within the scope of the matters described in the Desc ription, Claims or Drawings originally attached to the 
Request〔in the case of a Foreign Language Document Application under Section 36-2(2), the translation of the 
Foreign Language Document as provided in Section 36-2(2) that is deemed to be the Description, Claims and 
Drawings under Section 36-2(4) (in the case where the amendment to the Description, Claims or Drawings has 
been made through the submission of the statement of corr ection of an incorrect translation, the said translation 
or the amended Description, Claims or Drawings) 〕.  
 
(4)  In addition to the requirements provided in the precedi ng subsection, in the cases of Paragraphs (iii) and (iv) 
of Subsection (1), the amendment of the Claims shall be limited to those for the following purposes:   
 
(i)   the cancellation of a claim or cl aims as provided in Section 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 cl aim or claims under Section 36(5), a nd 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 
Notification of Reasons for Refusal). 
 (5)  Section 126(5) shall apply mutatis mutandis to cases  under Paragraph (ii) of the preceding subsection. 
 
17-3.  Amendment of abstract 
 
An applicant for a patent may amend the abstract attached to  the request within one year and three months 
(excluding the period after a petition for publication is filed) from the filing date of the patent application (or in the case of a patent application containing a priority claim under Section 41(1), the filing date of the earlier 
application provided for in the said section, in the case of a patent application containing a priority claim under 
Section 43(1), 43-2(1) or 43-2(2), the f iling date of  the earliest application, a patent application that is deemed 
to be the earliest application under Article 4.C(4) of th e Paris Convention (refers to the Paris Convention for the 
Protection of Industrial Pr operty of March 20, 1883, as revised at Brussels on D ecember 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, hereinafter the same) or a patent application that is 
recognized as the earliest application under Article 4.A(2) of the Paris Conv ention, and in the case of a patent 
application containing two or more priority claims under Section 41(1), 43(1), 43-2(1) or 43-2(2), the earliest 
day of the filing dates on which the said priority clai ms are based, the same shall apply to Section 64(1)). 
 
17-4.  Amendment of corrected descript ion, scope of claims or drawings 
 
(1)  The respondent of a hearing for patent invalidation may amend the corrected description, scope of claims or 
drawings attached to the petition for correction under Section 134-2(1) only within the time limit designated 
under Section 134(1), 134(2), 134-2(3), 134-3(1), 134-3(2) or 153(2). 
 (2)  The petitioner of a hearing for correction may ame nd the corrected description, scope of claims or 
drawing(s) attached to the petition for a hearing for co rrection, only prior to notification under Section 156(1) 
(in the case where the hearing has been reopened under Section 156(2), prior to further notification under Section 156(1)). 
 
18.  Dismissal of procedures 
 
(1)  The Commissioner of the Patent Office may dismiss the procedures where a person ordered to make an 
amendment to the procedures under Section 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 
maintenance fees within the designa ted time limit under Section 108(1). IP/N/1/JPN/P/8 
Page 8  
 
 
(2) The Commissioner of the Patent Office may dismiss a patent application where the applicant ordered under Section 17(3) to pay maintenance fees provided for in Section 195(3) fails to pay such maintenance fees within 
the designated time limit under Section 17(3). 
 18-2.  Dismissal of inadequate   procedure 
 
(1) The Commissioner of the Patent Office shall dismiss a procedure where the procedure is inadequate and not 
amendable.  
 (2) Where the Commissioner of the Patent Office intends to dismiss a procedure under the preceding subsection, 
he shall notify the person who undertook the procedures of the reasons therefor and give the said person an 
opportunity to submit a document stating a defense  (hereinafter referred to as a “statement of defense ”), designating an adequate time limit. 
 
19.  Effective time of submission of request 
 
A request, a document or any other item submitted by mail to the Patent Office under this Law, or any order 
rendered under this Law, that is subject to a time limit, shall be deemed to have arrived at the Office at the date 
and time when such request or  item is presented to the post office if su ch 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.  
20.  Succession of effects of procedures  
 
The effects of the procedures relating to a patent right or  any right relating to a patent  shall extend to a successor 
in title. 
 
21.  Continuation of procedures 
 
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 presiding judicial  examiner may proceed with the 
procedures relating to the case to which the successor in title sh all be the party. 
 
22.  Suspension or termina tion of procedures  
 
(1) Where a petition for the resumption of suspended procedur es is filed after a certified copy of a ruling, an 
examiner's decision or a hearing decisi on has been served, the Commissioner of  the Patent Office or the judicial 
examiner shall render a ruling on wh ether the resumption shall be accepted. 
 
(2) The ruling under the preceding sub-section shall be made in writing and state the grounds therefor. 
 
23. 
 
(1)  Where a procedure for an examination, hearing or rehearing has been suspended and the person responsible 
for resuming the procedure fails to do so, the Commissioner of  the Patent Office or the judicial examiner shall, 
upon a motion or ex officio, order the said person to re sume the procedure and design ate an adequate time limit 
for this purpose. 
 
(2)  Where the resumption does not oc cur within the time limit designated under the preceding subsection, the 
resumption may be deemed by the Commissioner of the Patent Office or the judi cial examiner to have 
commenced on the date the time limit lapsed. 
 (3)  When the resumption is deemed to have commen ced under the preceding subsection, the Commissioner of 
the Patent Office or the presiding judicial examin er shall notify the partie s in the case thereof.  
 
24. 
 
The Code of Civil Procedure, Sections 124 (excluding Subsection (1)(vi), 125 to 127, 128(1), 130, 131  IP/N/1/JPN/P/8 
 Page 9 
 
 
and 132(2) (suspension or termination of litigation) shall apply mutatis mutandis to a procedure for an 
examination, a hearing or rehearing.  In such case, "attorney" in Secti on 124(2) shall read, "representative 
entrusted with the examination, hearing or rehearing", "court" in Section 127 shall read, "Commissioner of the 
Patent Office or the presiding judicial  examiner", "court" in Sections 12 8(1) and 131 shall read, "Commissioner 
of the Patent Office or the judicial examiner", and "court" in Section 130 of the said Code shall read, "Patent 
Office". 
 
25.  Enjoyment of rights by aliens 
 
An alien not domiciled or resident (o r, in the case of a lega l entity, with a place of business) 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 alien 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 alien 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 .  
 
26.  Effect of treaties 
 
Where specific provisions relating to a patent are pr ovided by treaty, such provisions shall prevail. 
 
27.  Registration in the Patent Register 
 
(1)  The following matters shall be registered in the Patent Register maintained in the Patent Office: 
 
(i)   the establishment, extension of the term, transfer, lapse, restoration or restriction on disposition, of a patent right; 
 
(ii)   the establishment, maintenance, transfer, modification, lapse or restriction on disposal, of an exclusive or non-exclusive license; and 
 
(iii)  the establishment, transfer, modification, lapse or restriction on disposal, of a right of pledge on a patent 
right or exclusive or non-exclusive license. 
 
(2)  The Patent Register may be prepared, in whole or in part, in the form of magnetic tapes (including other storage media using a similar method that may record and reliably store certain matters, hereinafter the same). 
 
(3)  Matters relating to registration that are not provided fo r in this Law shall be pres cribed by Cabinet Order.  
 
28.  Issuance of Certificate of Patent 
 
(1)  The Commissioner of the Patent Office shall issue the certificate of patent to the patentee when the 
establishment of a patent right has been  registered, or when a hearing decision to the effect that the Description, 
Claims or Drawings attached to th e Request are to be corrected has b ecome final and conclusive and the 
establishment of the said hearing decision has been registered. 
 
(2) Re-issuance of the certificate of patent shall be prescribed by ordinance of the Ministry of Economy, 
Trade and Industry. 
 
Chapter II  Patents and applications for patent 
 
29.  Conditions for Patentability  
(1)  An inventor of an invention that is industrially applicable shall be entitled to obtain a patent for the said 
invention, except for the following: IP/N/1/JPN/P/8 
Page 10  
 
 
(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 publi cation, or inventions that were made publicly available 
through a telecommunications line in Japan or a foreign country, prior to the filing of the patent application. 
 (2)  Where, prior to the filing of the patent appli cation, 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 
paragraphs of the preceding subsection, a patent shall not be granted for such an invention notwithstanding the preceding subsection.  
 
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, Claims or Drawings (in the case of the Foreign Language Document Application under Section 36-
2(2), the Foreign Language Document as provided in Section 36-2(1)) originally attached to the Request of 
another application for a patent or for a registration of a utility model which has been filed prior to the date of 
filing of the said patent application and published after the filing of the said patent application in the Patent 
Gazette under Section 66(3) of the Patent Law (hereinafter  referred to as the “Patent Gazette”) or in the Utility 
Model Gazette under Section 14(3) of the Utility Model La w (Law No.123 of 1959) (hereinafter referred to as 
the “Utility Model Gazette”) describing matters provided for in each of the paragraphs of the respective section 
or for which the publication of the patent application has been effected, a patent shall not be granted for such an 
invention notwithstanding Section 29(1).  Notwithstanding the foregoing, this provision shall not apply where, 
at the time of the filing of the said application for a patent, the applicant of the said application for a patent and 
the applicant of the other application for a patent or for registration of a utility model are the same person. 
 
30. Exception to lack of novelty of invention 
 
(1) In the case of an invention which has fallen under any of the paragraphs of Section 29(1) by reason of the 
fact that the person having the right to obtain a patent has conducted a test, has made a presentation in a printed 
publication, has made a presentation through electric telecommunications lines, or has made a presentation in writing at a study meeting held by an academic group  designated by the Commissioner of the Patent Office, 
such invention shall be deemed not have fallen under any of the paragraphs of Section 29(1) for the purposes of 
Section 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 those paragraphs. 
 
(2) In the case of an invention which has fallen under any of the paragraphs of Section 29(1) against the will of 
the person having the right to obtain a patent, the preceding subsection shall also apply for the purposes of 
Section 29(1) and (2) to 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 paragraphs.  
(3)  In the case of an invention which has fallen under any of the paragraphs of Section 29(1) by reason of the 
fact that the person having the right to obtain a patent has exhibited the invention at an exhibition held by the 
Government or a local public entity (h ereinafter referred to as the "Governm ent, etc."), an exhibition held by 
those who are not the Government, etc. where such exhibition has been designated by the Commissioner of the Patent Office, an international exhibition held in the territory of a country of the Union of the Paris Convention 
or a member of the World Trade Organization by its Government, etc. or those who are authorized thereby to 
hold such an exhibition, or an international exhibition held in the territory of a state which is neither of a country of the Union of the Paris Convention nor a member of the World Trade Organization by its Government, etc. or 
those who are authorized thereby where such exhibition has been designated by the Commissioner of the Patent 
Office, Subsection (1) shall also apply for the purposes of Sec tion 29(1) and (2) to 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 paragraphs. 
  IP/N/1/JPN/P/8 
 Page 11 
 
 
(4)  Any person seeking the application of Subsection (1 ) or (3) shall submit to the Commissioner of the Patent 
Office, at the time of filing of the patent application, a document stating thereof and, w ithin 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 paragraphs of Section 29(1) is an invention to which Subsection (1) or (3) of this Section may 
be applicable.   
31. (Deleted) 
 
32.  Unpatentable inventions 
 
Notwithstanding Section 29, any invention that is liable to injure public order, morality or public health shall not 
be patented. 
 
33.  Right to obtain patent 
 
(1)  The right to obtain a patent shall be transferable . 
 
(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. 
 
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 same right to obtain a patent 
based on succession  from the same person, any succession(s) by a person(s) other than those selected by 
consultations between the applicants sha ll have no effect on any third party. 
 
(3)  The preceding subsection shall apply where applica tions for a patent and a utility model registration are 
filed on the same date based on the right to obtain a pate nt 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. 
 (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 pe rson, upon consultation between the persons submitting 
the notifications any notification(s) by a person(s) other than the person selected through said consultation shall 
have no effect. 
 
(7)  Sections 39(7) and 39(8) shall apply mutatis mutandis to  the cases prescribed in Su bsections (2), (3) and (6). 
 
35.  Inventions by Employees 
 
(1)  In the case of an employer, a legal entity or a natio nal or local government (hereinafter referred to as an 
“Employer, etc.”), where an employee, an officer of the legal entity, or a national or local government employee 
(hereinafter referred to as an “Employee, etc.”) has obtain ed a patent for an invention which, by the nature of the 
said invention, falls within the scope of the business of  the said Employer, etc. an d was achieved by an act(s) 
categorized as a present or past duty of the said Employee, etc. performed for the Employer, et c. (hereinafter 
referred to as an “Employee Invention”) or where a successor to the right to obtain a patent for the Employee 
Invention has obtained a patent therefor, the said Employer , etc. shall have a non-excl usive license on the said 
patent right. IP/N/1/JPN/P/8 
Page 12  
 
 
(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 Em ployer, etc., or that an ex clusive 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, permits the right to a patent for an Employee Invention or the right to obtain the patent right for an 
Employee Invention, to vest with the Employer, etc., or grants an exclusive license therefor to the Employer, 
etc., the said Employee, etc. shall have the right to receive fair compensation. 
 
(4)  Where an agreement, employment regulation or any other stipulation provides for the compensation provided in the preceding paragrap h, the payment of compensation in accordance with the said provision(s) 
shall not be considered unreasonable in light of circ umstances where a negotiation between the Employer, etc. 
and the Employee, etc. had taken place in order to set st andards for the determination of the said compensation, 
the set standards had been disclosed, the opinions of the Employee, etc. on the calculation of the amount of the 
compensation had been received and any other relevant circumstances. 
 (5)  Where no provision setting forth the compensation as provided in the preceding paragraph exists, or where 
it is recognized under the preceding paragraph that the am ount of the compensation to be paid in accordance 
with the relevant provision(s) is unreasonable, the amount of the compensation under Paragraph 3 shall be determined by taking into consideration the amount of profit to be received by the Employer, etc. from the 
invention, the Employer, etc.’s burden, contribution, and treatment of the Employee, etc. and any other 
circumstances relating to the invention.  
36.  Applications for patent 
 
(1)  A person requesting the grant of a patent shall submit a request 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, Claims, Drawings (where requir ed), and Abstract shall be attached to the Request. 
 
(3)  The Description as provided in the preceding subsection shall state the following: 
 (i)   the title of the invention; 
 
(ii)   a brief explanatio n of the drawing(s); and 
 
(iii)  a detailed explanation of the invention. 
 (4)  The statement of the detailed explanation of the in vention as provided in Paragraph (iii) of the preceding 
subsection shall comply  with each of the following paragraphs: 
 
(i)   in accordance with the relevant  ordinance of the Ministry of Econo my, Trade and Industry, the statement 
shall be clear and sufficient as to enable any person ordi narily 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 Section 29(1)(iii), in this paragraph hereinafter the same ) 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. 
  IP/N/1/JPN/P/8 
 Page 13 
 
 
 
(5)  The Claims as provided in Subsection (2) shall state a claim or claims and state for each claim all matters  
necessary to specify the invention for which the applicant for the patent requ ests the grant of a patent. In such 
case, an invention specified by a statem ent in one claim may be the same i nvention specified by a statement in 
another claim.  
(6)  The statement of the Claims as provided in Subsection (2) sha ll comply with each of the following 
paragraphs:  
(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 the relevant ordinance of the Ministry of Economy, Trade and 
Industry. 
 
(7)  The Abstract as provided in Subsection (2) shall state a summary of the invention disclosed in the Description, Claims or Drawings, and any other matters as provided by a relevant ordinance of the Ministry of 
Economy, Trade and Industry. 
 
36-2. 
 
(1)  A person requesting the grant of a patent may, in lieu of the Description, Claims, Drawings (where required) 
and Abstract as provided in Subsectio n (2) of the preceding section, att ach to the Request a document in a 
foreign language as provided by a relevant ordinance of the Ministry of Economy, Trade and Industry, stating 
matters required to be stated in the Description or the Claims under Subsections (3) to (6) of the said section, and drawing(s) (where required) which contain any descriptive text in the said foreign language (hereinafter a 
“Foreign Language Document"), and a document in the said foreign language stating matters required to be 
stated in the Abstract under Subsectio n (7) of the said Section (hereinaft er a “Foreign Language Abstract”). 
 
(2)  The applicant for a patent application in which a Foreign Language Document and a Foreign Language 
Abstract are attached to the Request under the preceding  subsection (hereinafter a “Foreign Language Document 
Application”) shall submit to the Commissioner of the Patent Office Japanese translations of the Foreign 
Language Document and the Foreign Language Abstract within two months from the date of filing of the patent 
application. 
 
(3)  Where the translation of the Foreign Language Document (excluding drawings) as provided in the preceding subsection is not submitted within the time limi t as provided in the preced ing subsection, the patent 
application shall be deemed to have been withdrawn. 
 (4)  The translation of the Foreign Language Document as provided in Subsection (2) shall be deemed to be the 
Description, Claims and Drawings submitted with the Request under Subsection (2) of the preceding section and 
the translation of the Foreign Languag e Abstract as provided in Subsecti on (2) shall be deemed to be the 
Abstract submitted with the Request under  Subsection (2) of th e preceding section. 
 
37 
 
Two or more inventions may be the subject of a single patent application in the same request provided that, by 
the relevant ordinance of the Ministry of Economy, Trade and Industry, these inventions are of a group of inventions recognized as fulfilling the re quirements of unity of invention based on their technical relationship. 
 
38.  Joint applications 
 
Where the right to obtain a patent is jointly owned, a patent application may only be filed by all the joint 
owners. 
 IP/N/1/JPN/P/8 
Page 14  
 
 
39.  Prior application 
 
(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 ear liest 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 
consultations are unable to be held, none of the applicants shall be entitled to obtain a patent for the invention claimed. 
 
(3) Where an invention and a device claimed in applications for a patent and a utility model registration are identical and the applications for a patent and a utility  model registration are filed on different dates, the 
applicant for a patent may obtain a patent for the invention claimed therein, only if the application for a patent is 
filed prior to the 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 an application for a patent based on a utility model 
registration under Section 46bis(1) (including a patent application that is deemed to have been filed at the time 
of filing of the said patent application under Section 44(2) (including its mutatis mutandis application under Section 46(5)) and a device relating to the said utility mode l registration are identical) and the applications for a 
patent and a utility model registration are filed on the same date, only one of the applicants, selected by 
consultations between the applicants, shall be entitled to obtain a patent or a utility model registration.  Where 
no 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 abandoned, withdrawn or 
dismissed, or where the examiner's decision or hearing deci sion to the effect that a patent application is to be 
refused has become final and conclusive, the application for a patent or a utility model registration shall, for the purpose of Subsections (1) to (4), be deemed never to have been filed.  Notwithstanding the foregoing, this 
provision shall not apply to the case wh ere the examiner's decisi on or hearing decision to the effect that the 
patent application is to be refused has become final and conclusive on the basis that the latter sentence of Subsection (2) or (4) is applicable to the said patent application. 
 
(6) An application for a patent or a utility model registra tion filed by a person who is neither the inventor nor 
designer nor the successor in title to th e right to obtain a patent or a u tility model registration shall, for the 
purpose of application of Subsections (1) to (4), be de emed to be neither an application for a patent nor an 
application for a utility model registration. 
 
(7) The Commissioner of the Patent Office shall, in the cas e of Subsection (2) or (4), order the applicant to hold 
consultations as specified under Subs ection (2) or (4) and to report the result thereof, designating an adequate 
time limit. 
 (8)  Where no report under the preceding subsection is submitted within the time li mited designated under the 
said subsection, the Commissioner of th e Patent Office may deem that no ag reement under Subsection (2) or (4) 
has been reached.  
40. (Deleted) 
 41.  Priority claim based on  patent application, etc. 
 
(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 earlier application filed for a pa tent or utility model registration which the said person 
has the right to obtain (hereinafter referred to as an “Earlier Application”), for an invention disclosed in the 
Description or Claims for a patent or utility model re gistration, or Drawings (in the case where the earlier 
Application was a Foreign Language Document Application, the Foreign Language Document) originally 
attached to the Request of the Earlier Application, except in the following cases:  IP/N/1/JPN/P/8 
 Page 15 
 
 
 
(i)   where the said patent application is not filed with in one year from the date of the filing of the Earlier 
Application; 
 
(ii) where the Earlier Application is a new divisional pa tent application extracted from a patent application 
under Section 44(1), a patent application converted from a patent application under Section 46(1) or 46(2), a 
patent application based on a utility model registratio n under Section 46-2(1), a new divisional utility model 
registration application extracted from a utility model regi stration application under Se ction 44(1) of the Patent 
Law as applied mutatis mutandis under Section 11(1) of  the Utility Model Law, or a utility model registration 
application converted from a utility model registration ap plication under Section 10(1) or 10(2) of the Utility 
Model Law; 
 
(iii)  where at the time of the filing of the said patent  application, the Earlier Application had been abandoned, 
withdrawn or dismissed; 
 
(iv)  where, at the time of the filing of the said pate nt application, the examiner’s decision or the hearing 
decision on the Earlier Application had become final and conclusive; and 
 
(v)  where, at the time of the filing of the said patent  application, the registration establishing a utility model 
right under Section 14(2) of the Utility Model Law with respect to the Earlier Application had been effected. 
 
(2)  For inventions among those claimed in a patent application containing a priority claim under Subsection (1), for those that are stated in the Description, Claims for a patent or utility model registration or Drawings (in the 
case where the Earlier Application was a Foreign Language Document Application, the Foreign Language 
Document) originally attached to the Request of the Earlie r Application on which the priority claim is based, [in 
the case where the Earlier Application co ntains a priority claim under that su bsection, Section 8(1) of the Utility 
Model Law or Section 43(1) or 43-2(1) or (2) of the Patent Law (including its mutatis mutandis application 
under Section 11(1) of the Utility Model Law), excluding any inventions disclosed in any documents (limited to 
those equivalent to the Description, Claims for a patent or utility model registration or Drawings) submitted at 
the time of the filing of the application on which the prio rity 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 Section 29, the principal sentence of Section 29-2 and Sections 30(1) to (3), 39(1) 
to (4), 69(2)(ii), 72, 79, 81, 82(1), 104  [including  its mutatis mutandis application under Section 65(5) 
(including its mutatis mutandis application under Section 184-10(2))], and 126(5) (including its mutatis 
mutandis application under Sections 17-2(5) and 134-2(5)) of the Patent Law, Sections 7(3) and 17 of the Utility 
Model Law, Sections 26, 31(2), and 32(2) of the Design Law (Law No. 125 of 1959) and Section 29, 33-2(1) and 33-3(1) (including its mutatis mutandis applicatio n under Section 68(3) of th e Trademark Law) of the 
Trademark Law (Law No. 127 of 1959 ). 
 (3)  Among inventions disclosed in the Description, Claims or Drawings (in the case of a Foreign Language 
Document Application, the Foreign Language Document) originally attached to the request in a patent 
application containing a priority claim under Subsection (1), for those that are stated in the Description, Claims for a patent or utility model registration or Drawings (in the case where the Earlier Application was a Foreign 
Language Document Application, the Foreign Language Document) originally attached to the request of the 
Earlier Application on which the priority claim is base d [in the case where the Ear lier Application contains a 
priority claim under the said subsection, Section 8(1) of  the Utility Model Law or Section 43(1) or 43-2(1) or (2) 
of the Patent Law (including its mutatis mutandis application under Section 11(1) of the Utility Model Law), 
excluding any inventions disclosed in any documents (limited to those equivalent to the Description, Claim for a 
patent or utility model registration or Drawing) submitted at the time of the filing of the application on which 
the priority claim in the Earlier Application is based] , the publication of patent application or the Gazette 
containing the Utility Model relating to the Earlier Application shall be deemed to have been effected or issued 
at the time when the Patent Gazette Containing Register ed Patent or the publication of patent application 
relating to the said patent application was issued or effected, and the principal sentence of Section 29bis or Section 3bis of the Utility Model Law shall apply.   
 
(4)  A person requesting to make a priority claim under Subsection (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. 
 IP/N/1/JPN/P/8 
Page 16  
 
42.  Withdrawal, etc. of earlier application 
 
(1) The Earlier Application on which a priority claim is based under Section 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.  
Notwithstanding the foregoing, this provision shall not apply to the case where the Earlier Application has been abandoned, withdrawn or dismissed, wh ere the examiner’s decision or judicial ruling on the Earlier Application 
has become final and conclusive, where the registration establishing a utility model right under Section 14(2) of 
the Utility Model Law with respect to the Earlier Applica tion has been effected or where all priority claims 
based on the Earlier Application have been withdrawn. 
 (2) The applicant of a patent applica tion containing a priority claim under Section 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 Section 41(1) is withdrawn within one year 
and three months from the filing date of the Earlier A pplication, the said priority claim shall be deemed 
withdrawn simultaneously. 
 
43.  Procedures for a priority cl aim under the Paris Convention  
 
(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 th e date of filing of the said application. 
 
(2)  A person who has made a declaration of priority  under the preceding subsec tion shall submit to the 
Commissioner of the Patent Office a certif icate showingthe date of filing from the country of the Union of the 
Paris Convention in which the application was first made, or deemed to have been first made under Article 4., 
C(4) of the Paris Convention, or recognized to have been first made under A(2) of the said Article, as well as certified copies of stating matters required to be stated  in the Description, Claims for patent or utility model 
registration and Drawings of the invention or any official gazette or certificate equivalent thereto issued by the 
government of the said country, within one year and four months from the earliest of the following dates:  
(i)   the date of filing which was first made, deemed to have been first made under Article 4., C(4) of the Paris 
Convention, or recognized to have been first made under A(2) of the said Article;  
(ii) where such patent application contains a priority claim or priority claims under Section 41(1), the date of 
filing of the application on which the said priority claim is based; or  
(iii) where such patent application cont ains other priority claims under 43(1) or  43-2 (1) or (2) , the filing date of 
the application on which the said priority claim is based.  
(3)  A person who has made a declaration of priority under Subsection (1) shall, in addition to the documents as 
provided in the preceding subsection, 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.  Notwithstanding 
the foregoing, where such filing number is not available to the person prior to the submission of the documents 
as provided in the said subsection, in lieu of the said document, a document specifying the reason thereof shall 
be submitted and the document specifying such filing number shall be submitted as soon as such number becomes available to the said person. 
 
(4)  Where a person who has made a declaration of priority under Subsection (1) fails to submit the documents specified in Subsection (2) within the time limit prescribed therein, the said priority claim shall lose its effect. 
 
(5)  In relation to the application of the preceding two subsections, where a person, having made a declaration of 
priority under Subsection (1) based on an application filed in a country designated in an ordinance of the 
Ministry of Economy, Trade and Industry in which a conversion of matters stated in the documents as provided 
in Subsection (2) through an electromagnetic means (m eans that are not perceiva ble by senses including  IP/N/1/JPN/P/8 
 Page 17 
 
 
electronic and magnetic means) by identifying such matters by its filing number is allowed, submits to the 
Commissioner of the Patent Office the document stating the said filing number of the application within the designated time limit under Subsection (2), the documents as provided in Subsection (2) shall be deemed to 
have been submitted. 
 
43-2. Priority claims recogniz ed under the Paris Convention 
 
(1) A priority claim may be declared in a patent application under Article 4 of the Paris Convention, where the 
priority claim is based on an application filed by a person specified in the left-hand column of the following 
table in a country specified in the corresponding right-hand column.                  
Japanese nationals or nationals of a country 
party to the Paris Convention (including nationals deemed to be the nationals of the 
country party in accordan ce with Article 3 of 
the Paris Convention - hereinafter the same in Subsection (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 
Agreement Establishing the World Trade Organization - hereinafter the same in 
Subsection (2)).  Country party to 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 subsection), 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) Section 43 shall apply mutatis mutandis to the case wh ere a priority claim is d eclared under Subsection (1) 
or (2). 
 
44.  Division of patent applications 
 
(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 allowable time limit for amendments of the Description, Claims or Drawings attached to the Request. 
 
(2)  In the case referred to in the pr eceding subsection, the new patent appli cation shall be deemed to have been 
filed at the time of filing of the original patent appli cation. Notwithstanding the foregoing, this provision shall 
not apply for the purposes of applications of: Section 29 -2 of the Patent Law where the new patent application 
falls under another patent application in the said sec tion; Section 3bis of the Utility Model Law where the new 
patent application(s) falls under a patent application in the said section; and Sections 30(4), 36-2(2), 41(4) and 
43(1) of the Patent Law (including its mutatis muta ndis application u nder Subsection (3) of the preceding 
section). 
 
(3)  For the purpose of application of Section 43(2) (including its mutatis mutandis application under Subsection (3) of the preceding section) where a new patent application is filed under Subsection (1), “within 
one year and four months from the earliest of the following  dates” in Section 43(2) sh all read “within one year 
and four months from the earliest of the following dates or three months from the date of filing of the new patent application, whichever is later.”   
 
(4)  Where a new patent application is filed under Subsection (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 IP/N/1/JPN/P/8 
Page 18  
 
patent application under Section 30(4), 41(4), or Sections 43(1) and 43(2) (including its mutatis mutandis 
application under Subsection (3) of th e preceding section) shall be deemed  to have been submitted to the 
Commissioner of the Patent Office along with the new patent application. 
 
45. (Deleted) 
 
46. Conversion of application 
 
(1)  An applicant of a utility model registration may co nvert the application into a patent application.  
Notwithstanding the foregoing, this provision 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.  Notwithstanding the foregoing, this provision shall not apply after the expira tion of 30 days from the date the certified copy of the 
examiner’s initial decision to the effect that the applica tion 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 (excluding the period of a maximum of 30 days 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).  
 (3) Where the period as provided in Section 46(1) of the Design Law is extended under Section 4 of the Patent 
Law as applied mutatis mutandis under Section 68(1) of th e Design Law, the 30-day period as provided in the 
proviso to the preceding subsection shall be deemed to have been extended only for that period as extended.  
(4) Where an application is converted under Subsection (1) or (2), the original application shall be deemed to 
have been withdrawn.  
(5)  Sections 44(2) to 44(4) shall apply mutatis mutandi s to the case of conversion  of an application under 
Subsection (1) or (2). 
 
46-2.  Patent applications based on utility model registration 
 
(1)  Except for the following cases, a utility model right holder may file a patent application based on his own 
utility model registration as provided by an ordinance of the Ministry of Economy, Trade and Industry.  In such a case, the right to utility model registration shall be abandoned:  
 
(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 simply 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 notifi cation under Section 13(2) of the Utility 
Model Law relating 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 utility model right holder; and 
 
(iv) where the time limit initially designated under Section 39(1) of the Utility Model Law for a utility model 
registration invalidation trial filed against the said utility model registration under Section 37(1) of the Utility 
Model Law has expired.  
(2)  A patent application under the preceding subsection 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, Claims or Drawings attached to the Request in the said patent application are within the scope of the matters stated in 
the Description, Claims  or Drawings attached to the Request in the said utility model registration application.  
Notwithstanding the foregoing, this provision shall not apply for the purpose of application of Section 29-2 of 
the Patent Law or Section 3bis of the Utility Model Law, where the patent application falls under another patent 
application under the said section of the Patent Law or th e patent application under the said section of the Utility 
Model Law, or for the purpose of application of Sections 30(4), 36-2(2), 41(4), 43(1) (including its mutatis  IP/N/1/JPN/P/8 
 Page 19 
 
 
mutandis application under Section 43-2(3)) and 48-3(2). 
 (3) Notwithstanding Paragraph (iii) of Subsection (1), where, due to reasons beyond the control of the applicant 
for a patent under Subsection (1), the applicant is unable to  file an application for a patent within the time limit 
as provided in the said paragraph, the applicant may f ile an application for a patent within 14 days (where 
resident abroad, within two months) from the date on which the reasons ceas ed 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 pledge or, in the case where Section 35( 1) of the Patent Law as 
applied under Section 11(3) of the Utility Model Law or  Section 77(4) of the Patent Law as applied under 
Section 18(3) of the Utility Model Law or Section 19(1) of the Utility Model law is applicable, a non-exclusive 
licensee, the right holder of a utility model may file an application for a patent under Subsection (1), provided 
that the consent of the said exclusive licensee,  pledgee or non-exclusive licensee is obtained. 
 
(5)  Sections 44(3) and 44(4) shall apply mutatis mutandi s to the case where a patent application is filed under 
Subsection (1).  
Chapter III  Examination 
 47.  Examination by examiner 
 
(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. 
 
48.  Exclusion of examiners 
 
Sections 139(i) to 139(v) and 139(vii) sh all apply mutatis mutandis to examiners. 
 
48-2. Examination of patent applications 
 
The examination of a patent application shall be in itiated after the filing of a request for examination. 
 
48-3  Request for examination of application 
 
(1) Where a patent application is filed, any person may, w ithin 3 years from the filing da te thereof, file with the 
Commissioner of the Patent Office a request for the examination of the said application. 
 
(2)  Notwithstanding the foregoing, in the case of a new patent application arising from the division of a patent application under Section 44(1), or a patent application arising from the conversion of an application under 
Section 46(1) or 46(2), or a patent application based on a utility model registration under Section 46bis(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 subsection, 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 examina tion of an application is not filed within the time limit as provided in 
Subsection (1) or (2), the said patent application shall be deemed to have been withdrawn. 
 
48-4. 
 
A person(s) filing a request for the examination of an application shall submit a written petition to the 
Commissioner of the Patent Office stating the following : 
 
(i)   the name and domicile or residence of the petitioner; and  
(ii) the identification of the patent appli cation for which the examination is requested. 
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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 publication of the application, the Commissioner of th e Patent Office shall publis h the fact thereof in the 
Patent Gazette either at the time of publication of the application or thereafter with out delay, and in the case 
where such a request is filed after publication of the application, without delay after publication.  
 
(2) Where a request for the examination of an applicati on is filed by a person other than the applicant for a 
patent, the Commissioner of the Patent Office shall notify the applicant thereof.  
 
48-6. Preferential examination 
 
Where it is recognized that a person other than the applicant is commercially working the invention claimed in a 
patent application after the publication 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.  
48-7. Notification of statement of information concerning invention known to the public through 
publication  
 
Where the examiner recognizes  that a patent application does not comply with the requirements as provided in 
Section 36(4)(ii), the examiner may notify the applicant of  the patent thereof and gi ve the said applicant an 
opportunity to submit a written opinion, designating an adequate time limit for such purpose. 
 
49.  Examiner’s decision of refusal 
 
The examiner shall render an examiner’s decision to the ef fect that a patent application is to be refused where 
the patent application falls under any of the following: 
 
(i)   an amendment made to the Descri ption, Claims or Drawings attached to the Request in a patent application 
does not comply with the requirements as provided in Section 17-2(3); 
 
(ii) the invention claimed in the patent application is not patentable under Section 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 re quirements under Section 36(4)(i), 36(6), or 37;   
 (v) where notification under the preceding section 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 
Section 36(4)(ii);  
(vi) where the patent application is a Foreign Language Document Application, matters stated in the 
Description, Claims or Drawings attach ed to the Request in the said patent application do not remain within the 
scope of matters stated in the Foreign Language Document; and 
 
(vii) where the applicant for the patent is not the invent or, the applicant has not succeeded to the right to obtain a 
patent for the said invention. 
 
50.  Notification of reasons for refusal 
 
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 gi ve the said applicant an 
opportunity to submit a written opinion, designating an adequate time limit for such purpose.  Notwithstanding 
the foregoing, in cases referred to in Section 17-2(1)( iii), this provision shall not apply where a ruling rejecting 
an amendment under Section 53(1) is rendered. 
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51.  Examiner’s decision to the eff ect that a patent is to be granted 
 
Where no reasons for refusal are found for a patent appli cation, the examiner shall render a decision to the effect 
that a patent is to be granted.  
52.  Formal requirements for examination 
 
(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 c opy of the examiner’s decision. 
 
53.  Rejection of amendments 
 
(1) In the case of Section 17-2(1)(iii), wh ere, prior to the service of the certified copy of the examiner’s decision 
notifying to the effect that a patent is to be granted, an amendment made to the Description, Claims or Drawings 
attached to the Request is found not to comply with S ections 17-2(3) to (5), the examiner shall reject the 
amendment by a ruling.    
(2)  The ruling rejecting an amendment under the preceding subsection shall be made in writing and state the 
reasons therefor.  
(3)  The ruling  rejecting an amendment under Subsection (1) shall not be subject to appeal. Notwithstanding the 
foregoing, where a petition for a hearing against an examine r’s decision of refusal has been filed, this provision 
shall not apply to the appeal made in the proceeding in the said hearing. 
 
54.  In relation to litigation 
 
(1)  Where deemed necessary during a hearing, the examination procedure may be suspended until a hearing 
decision has become final and conclusive or litigation procedure has been concluded.  
(2)  Where an action is instituted or a motion for an or der of provisional seizure or provisional disposition is 
filed, the court may, if it considers it necessary, suspend the litigation procedures until the examiner’s decision 
becomes final and conclusive. 
 
55. through 63. (Deleted) 
 
Chapter III-2 Publication of Patent Applications 
 
64.  Publication of patent applications 
 
(1)  After a lapse of one year and six months from the date of the filing of a patent application, the 
Commissioner of the Patent Office shall publish the patent  application, except in the case where the Patent 
Gazette containing the patent has al ready been published.  The same shall apply where a request for the 
publication of the patent application under Subs ection (1) of the following section is filed. 
 
(2)  The publication of a patent application shall be ef fected by stating the following matters in the Patent 
Gazette. Notwithstanding the foregoing, this provis ion shall not apply to the matters prescribed in 
Paragraphs (iv) to (vi) where the Commissioner of the Pa tent 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); 
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(iv) the matters stated in the Descri ption, Claims attached to the Request and the contents of the Drawings 
attached to the said Request; 
 
(v) the matters stated in the Abstract attached to the Request;  
(vi) in the case of a Foreign Language Document App lication, the matters stated in the Foreign Language 
Document and the Foreign Language Abstract;  
(vii) the number and the date of publication of the patent application; and 
 (viii) other necessary matters. 
 
(3)  Where anything stated in the abst ract attached to the Request does not  comply with Section 36(7), or in 
cases where the Commissioner of the Patent Office cons iders 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 Paragraph (v) 
of the preceding subsection, matters prepared by the Commissioner of the Patent Office. 
 
64-2. Request for publication of a patent application 
 
(1)  An applicant for a patent may file a request for the publication of the patent application with the 
Commissioner of the Patent Office except in the following cases:   
(i)   where the patent application has already been published; 
 (ii) where the patent application contains a priority claim under Section 43(1), 43-2(1) or 43-2(2), and 
documents relating thereto under Sections 43(2), (including its mutatis mutandis application under Section 43-
2(3)) and 43(5) (including its mutatis mutandis application under Section 43-2(3)), have not been submitted to the Commissioner of the Patent Office; and 
 
(iii)  where the patent application is a Foreign Language Document Application and translations of the Foreign Language Documents under Section 36-2(2) have not been submitted to the Commissioner of the Patent Office. 
 
(2)  A request for the publication of a patent application may not be withdrawn.  
64-3.  
 
An applicant filing a request for the publication of a pa tent 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 applicant; and 
 (ii)  the identification of the patent appli cation for which the publication is requested. 
 
65.  Effect of the publication of patent applications 
 
(1)  After the publication of a patent application, where the applicant for the patent has given warning with 
documents stating the contents of the invention claime d in the patent application, the applicant may claim 
compensation against a person who has commercially worked the invention after the warning and prior to the 
registration 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, prior to the registration establishing a patent right, an invention claimed in a published patent 
application.   
(2)  The right to claim compensation under the preceding  subsection may not be exercised until the registration 
establishing a patent right has been effected.  
  IP/N/1/JPN/P/8 
 Page 23 
 
 
 
(3)  The exercise of the right to claim compensation unde r Subsection (1) shall not preclude the exercise of the 
patent right. 
 
(4)  Where a patent application has b een abandoned, withdrawn or dismissed after the publication of the patent 
application, or where the examiner's decision or a hearing decision refusing the patent application has become 
final and conclusive, or where the patent right has been deemed never to have existed under Section 112(6) 
(except in the case where it is further found that the patent right is deemed to have existed from the beginning under Section 112-2(2)), or where, with exception of cases coming under the proviso to Section 125, a hearing 
decision to the effect that the patent is to be invalidated has become final and conclusive, the right to claim 
under Subsection (1) shall be deemed never to have been established.   
(5)  Sections 101, 104 to 105-2, 105-4 to 105-7 and 168(3) to 168(6) of this Law and Sections 719 and 724 (tort) 
of the Civil Code (Law No. 89 of 1896) shall apply mutatis mutandis to the exercise of the right to claim compensation under Subsection (1). In  such 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 worked and of the person 
who had worked the invention prior to the registration establishing a patent right, “the time when the injured 
party or the legal representative thereof became aware of such damages and the responsible person(s) therefor” 
in Section 724 of the Civil Code shall read “the da te of the registration establishing a patent right.” 
 
Chapter IV Patent Rights 
 
Part 1 Patent Rights 
 
66.  Registration of establishment of a patent right  
(1)  A patent right shall become effective upon registration of its establishment. 
 (2)  The establishment of a patent right shall be regi stered where maintenance fees  for each year during the 
period from the first year to the third year under Section 107(1) have been paid or an exemption or deferment 
thereof has been granted.    
(3)  Where the registration under the preceding subsection has been effected, the following matters shall be 
published in the Patent Gazette. Notwithstanding the foregoing, this provision shall not apply to the matters prescribed in Paragraph (v) where the patent application has already been published: 
 
(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 Claims at tached to the Request and the contents of the Drawings 
attached to the said Request; 
 (v)  the matters stated in the Ab stract attached to the Request; 
 
(vi)  the patent number and the date of registration of establishment; and  
(vii)  other necessary matters. 
 (4)  Section 64(3) shall apply mutatis mutandis where th e matters stated in the abstract as provided in the 
preceding subsection Paragraph (v) are published in th e Patent Gazette under the preceding subsection. 
 
67.  Term of patent rights 
 
(1)  The term of a patent right shall expire after a period of 20 years from the filing date of the patent 
application. 
 IP/N/1/JPN/P/8 
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(2)  Where there is a period during which the patented invention is unable to be worked due to approvals or any 
other disposition designated by Cabinet Order and prescribed  by relevant laws that are intended to ensure the 
safely, etc., of the patented invention, requiring, in light  of the purpose, procedures, etc., of such a disposition, 
considerable time for the proper execution of the dispositio n, the term of the patent right may be extended, upon 
the filing of a request for the registration of extens ion of the term, by a period not exceeding 5 years. 
 
67-2.  Registration of extension of term 
 
(1) A person(s) filing a request for th e registration of extension of the term of a patent right shall submit a 
written petition 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 description of the disposition designated by Cabinet Order as provided in Section 67(2). 
 (2)  The written petition under the preceding subsection shall be accompanied by materials specifying the 
reason(s) for the extension, as provided by an ordinance of the Ministry of Economy, Trade and Industry. 
 (3)  The written petition requesting the regi stration of extension of the term of a patent right shall be filed within 
the time limit prescribed by the Cabinet Order after the disposition prescribed by the Cabinet Order under 
Section 67(2) is obtained. Notwithstanding the foregoin g, the said written petition may not be filed after the 
expiration of the term of a patent right as provided in Section 67(1). 
 
(4)  Where a patent right is jointly owned, none of the joint owners may file a request for the registration of 
extension of the term of a patent right unless jointly with all the other joint owners. 
 (5)  Where a request for the registration of extension of the term of a patent right is filed, the term shall be 
deemed to have been extended. Notwithstanding the foregoing, this provision shall not apply where the 
examiner's decision to the effect that the application is to be refused has become final and conclusive or where 
the extension of the term of a patent right has been registered. 
 
(6) Where a request for the registration of extension of th e term of a patent right is filed, matters stated in 
Subsection (1) and the number and the filing date of the application shall be published in the Patent Gazette.  
 
67-2-2. 
 
(1)  Where the disposition designated by the Cabinet Order under Section 67(2) is unlikely to be obtained prior 
to 6 months before the expiration of the term of a patent  right under Section 67(1), a person filing a request for 
the registration of extension of the term 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 request;  
 
(ii)  the patent number; and 
 
(iii) the disposition designated by the Cabinet Order under Section 67(2).  
(2)  Unless the document required to be submitted under the preceding subparagraph is  submitted, a request for 
the registration of extension of the term of a patent righ t may not be filed after 6 months before the expiration of 
the term of the patent right under Section 67(1). 
 
(3)  Where the document as provided in Subsection (1) is submitted, the matters prescribed in the said subsection shall be published in the Patent Gazette. 
  IP/N/1/JPN/P/8 
 Page 25 
 
 
 
67-3.   
 
(1)  Where a request for the registration of extension of the term of a patent right falls under any of the 
following paragraphs, the examiner shall render the examine r’s decision to the effect that the request is to be 
refused: 
 
(i)   where the disposition designated by the Cabinet Or der under Section 67(2) is not deemed to have been 
necessary to obtain for the working of the patented invention; 
 
(ii)  where the patentee, the exclusive licensee(s) or registered non-exclusive licensee(s) of the patent have not 
obtained the disposition designated by the Cabinet Order under Section 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 request is not the patentee; and 
 
(v) where the request does not meet the requirements under Section 67-2(4). 
 
(2)  Where no reasons for refusal are found for the request for the registration of extension of the term of a 
patent right, the examiner shall render an examiner’s decision to the effect th at the extension is to be registered. 
 
(3) Where the examiner‘s decision or hear ing decision to the effect that the extension of the term of the patent 
right is to be registered is rendered, the extension of the term of the patent right shall be registered. 
 
(4) Where the registration under the preceding subsection 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 request fo r the extension of the term of the patent right; 
 
(iv)   the date of the registration of extension; 
 
(v)   the period of extension; and 
 (vi)   the description of the disposition designated by an Cabinet Order under Section 67(2). 
 
67-4.    
 
Sections 47(1), 48, 51 and 52 shall apply mutatis mutandis to the examination of the request for registration of 
extension of the term of a patent right.  
68.  Effect of patent right   
 
A patentee shall have the exclusive right to work the patented invention on a commercial basis . 
Notwithstanding the foregoing, where an exclusive license regarding the pa tent right  is granted to a licensee, 
this provision shall not apply to the extent that the exclusive licensee is licensed to exclusively work the patented invention. 
 
68-2. Effect of patent right in the case of term extension 
 
Where the term of a patent right is extended (including the case where the term is deem ed to have been extended 
under Section 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 constituted the reason for the registration of extension and was the 
subject of the disposition designated by Cabinet Order under Section 67(2) (where the specific purpose of use of IP/N/1/JPN/P/8 
Page 26  
 
the product is prescribed by the disposition, the product used for that purpose). 
 
69.  Limitations of patent right 
 
(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 diseases, hereinafter the same in this subsection) 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 or the medicine prepared as is writte n in a prescription from a physician or a dentist. 
 
70.  Technical scope of patented invention 
 
(1)  The technical scope of a patented invention shall be  determined based upon the statements in the claims 
attached to the request.   
 (2)  In the case of the preceding subsection, the meaning of  each term used in the claims shall be interpreted in 
consideration of the statements in the description and drawings attached to the request.  
 
(3)  In the case of the preceding two subsections, statements  in the abstract attached to the request shall not be 
taken into consideration.  
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 subsection is  made, the Commissioner of the Patent Office shall 
designate three judicial examiners to make an  advisory opinion on the requested matter. 
 (3)  Sections 131(1), the principal sentence 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 Subsection (1).  In such a case, a "hearing decision" in Section 135 shall read "ruling", 
"hearing other than the hearing under the preceding s ubsection" in Section 145( 2) shall read "hearing 
examination for advisory opinion", "where public order or morality is liable to be injured thereby" in the proviso to Section 145(5) shall read "where the presiding judi cial examiner considers it n ecessary", "Section 147" in 
Section 151 shall read "Section 147(1) and (2)", "before a hearing decision becomes final and conclusive" in 
Section 155(1) shall read "before the certified c opy of the written advisory opinion is served".  
 
(4)  No appeal shall be available against a ruling under Section 135 to be applied mutatis mutandis in the preceding subsection.  
 
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 judicial examiners and direct them to provide an expert opinion on the requested matter. 
  IP/N/1/JPN/P/8 
 Page 27 
 
 
 
(2)  Sections 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 subsection. 
 
72.  Related to patented inventions, etc., by others 
 
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-ex clusive licensees may not work the patented invention on a commercial basis. 
 
73.  Jointly owned patent rights 
 
(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 
a 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.  
74. and 75. (Deleted) 
 76.  Lapse of patent rights in absence of heir 
 
A patent right shall lapse where no person claims the right as an heir within the time limit designated in 
Section 958 of the Civil Code. 
 
77.  Exclusive license 
 
(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 inventio n on a commercial basis 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 estab lish a right of pledge or grant a no n-exclusive license on his exclusive 
license to a third party only where the consent of the patentee is obtained. 
 
(5)  Section 73 shall apply mutatis mutandis to exclusive licenses.  
78.  Non-exclusive license 
 
(1)  A patentee may grant a non-exclusive license on the patent right to any third party. 
 
(2)  A non-exclusive licensee shall ha ve a right to commercially work the patented invention to the extent 
prescribed by this Law or permitted by the contract granting the license. 
 
79.  Non-exclusive license based on prior use 
 
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 th e 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 IP/N/1/JPN/P/8 
Page 28  
 
of the filing of the patent application, shall have a non-exclusive license on the patent right, only to the extent of 
the invention worked or prepared to be worked and for the purpose of such business.  
80.  Non-exclusive license due to the working of the in vention prior to the registrat ion of the petition for a 
hearing for patent invalidation  
(1)  A person falling under any of the following paragraphs, and who is doing a business working an invention 
in Japan  or preparing such business, before the registration of a petition for a hearing for patent invalidation, 
without knowledge that the patent falls under any of the paragraphs of Section 123(1), shall have a non-
exclusive license regarding the invalidated patent right  or the exclusive license existing at the time of the 
invalidation, within the scope of the invention that has been worked or prepared to be worked and within the 
scope of the purposes of the business:    
 (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 invalid ating a patent for the same invention, a patent is granted 
to the person who is entitled to obtain a patent; and 
 (iii)  in the case referred to in Paragraphs (i) and (ii), a person that, at the time of the registration of the petition 
for a hearing for patent invalidation, has an exclusive license regarding the patent right to be invalidated, or a 
non-exclusive license effect ive under Section 99(1) regarding the pate nt 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 subsection. 
 
81.  Non-exclusive license after expi ration of term of design right 
 
Where a design right with regard to an application for a design registration filed on or before the date of filing of 
a patent application is in conflict with the patent right w ith regard to the patent application, the original design 
right holder shall, upon expiration of the term of the design right, have a non-exclusive license on the patent 
right or on the exclusive license actually  existing at the time of expiration of the term of the design right, limited 
to the extent of the original design right. 
 
82. 
 
(1)  Where a design right with regard to an application for a design registration filed on or before the date of 
filing of a patent application is in conflict with the patent  right with regard to the patent application, a person 
who, at the time of expiration of the term of the design right, actually owns the exclusive license on the design 
right, or a non-exclusive license on the design right ,or on the exclusive license having effect under 
Section 99(1) of the Patent Law as applied under Section 28(3) of the Design Law shall, upon expiration of the term of the design right, have a non-exclusive license on the patent right or on the exclusive license actually 
existing at the time of expiration of the term of the design right, limited to the extent of the original right. 
 (2) The patentee or the exclusive licensee shall have a right to receive reasonable  consideration from the non-
exclusive licensee under the preceding subsection.  
 
83.  Decision granting non-exclusive license where inventio n is not worked 
 
(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.  Notwithstanding the foregoing, this provision shall not apply unless 4 years have lapsed from the filing date of the patent application in which the patented 
invention was claimed. 
 (2) Where no agreement is reached by co nsultations or no consultations are ab le to be held as provided in the 
preceding subsection, the person intending to work the patented invention may request the Commissioner of the 
Patent Office for a ruling.  IP/N/1/JPN/P/8 
 Page 29 
 
 
 
84. Submission of a written reply 
 
Where a request for an ruling has been filed under Sec tion 83(2), the Commissioner of the Patent Office shall 
serve a copy of the written petition  to the patentee or exclusive licensee relating to the request, or any other person having a registered right relating to the patent, an d give such a person an opportunity to submit a written 
reply, designating an adequate time limit. 
 
85.  Hearing of opinions of councils, etc. 
 
(1)  In rendering a ruling under Section 83(2), the Commissi oner of the Patent Office shall hear the opinions of 
those prescribed by Cabinet Order, including councils, etc.  (refer to organs prescribed in Section 8 of National 
Government Organization Law (Law 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 a ruling to the eff ect that a non-exclusive li cense is to be granted. 
 
86.  Formal requirements for ruling 
 
(1)  The ruling under Section 83(2) shall be rendered in writing and state the grounds therefor. 
 
(2)  The following matters shall be determined in a rulin g to the effect that a non- exclusive license is to be 
granted: 
 
(i)   the scope of the non-exclusive license; and 
 
(ii) the amount of consideration, and the method and time of payment thereof. 
 
87.  Service of certified copy of ruling 
 
(1)  The Commissioner of the Patent Office shall, upon rendering a ruling under Sec tion 83(2), serve a certified 
copy of the ruling to the parties and non-parties having registered rights relating to the patent. 
 (2)  Where a certified copy of a ruling to  the effect that a non-ex clusive license is to be granted is served to the 
parties under the preceding subsection, an  agreement as prescribed  in the ruling is deemed to have been reached 
between the parties.  
88.  Deposit of consideration 
 
A person(s) required to pay consideration under Section 86(2)(ii) shall deposit the said consideration in the 
following cases: 
 (i)   where the person(s) entitled to the consideration refuses or is unab le to receive such consideration; 
 
(ii)  where an action with respect to the cons ideration is instituted under Section 183(1); or 
 
(iii) where a right of pledge is established on the pate nt right or the exclusive license.  Notwithstanding the 
foregoing, this provision shall not apply where the consent of the pledgee is obtained. 
 
89.  Loss of effect of ruling 
 
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 ruling under Section 83(2), the ruling to the effect that a non-exclusive 
license is to be granted shall lose its effect. 
 
90.  Cancellation of ruling 
 
(1)  After rendering a ruling to the eff ect that a non-exclusive license is to be granted under Section 83(2), where IP/N/1/JPN/P/8 
Page 30  
 
the enforcement of the ruling become s inappropriate due to specific reas on(s) including th e case where the 
grounds for the ruling have ceased to exist, or where the person to whom the non-exclusive license was granted 
fails to properly work the patented invention, the Commissioner of the Patent Office may,  upon request of an 
interested person or ex officio, cancel the ruling. 
 (2)  Sections 84, 85(1), 86(1) and 87(1) shall apply mutatis mutandis to the cancellation of rulings under the 
preceding subsection and Section 85(2) shall apply mutatis mutandis to the cancellation of rulings under the 
preceding subsection where the person to whom a non-exclusive license is granted fails to properly work the 
patented invention. 
 
91 
 
A non-exclusive license shall lapse after the cancellation of the ruling under Section 90(1). 
 
91-2. Restriction on grounds fo r objection to ruling 
 
No objection under the Administrative Appeal Law (Law No.160 of 1962) to the ruling rendered under Section 
83(2) may be raised on the ground that the consid eration prescribed in the ruling is unsatisfactory. 
 
92.  Ruling granting non-exclusive licen se to work own patented invention 
 
(1)  Where a patented invention falls under any of the cases as provided in Section 72, the patentee or exclusive 
licensee may request the other person under the said section 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 Section 72 who is requested to hold co nsultations under the preceding subsection 
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 desired to be worked by the patentee or 
exclusive licensee if a non-exclusive license on the patent right, the utility model right or the design right is granted to the patentee or exclusive licensee through consultations.  
 
(3) Where no agreement is reached by c onsultations or no consultations are able to be held as provided in 
Subsection (1), the patentee or the exclusive licensee ma y request the Commissioner of the Patent Office for a 
ruling. 
 (4) Where no agreement is reached by c onsultations or no consultations are able to be held as provided in 
Subsection (2) and where a request for a ruling is filed under the preceding subsection, the other person under 
Section 72 may request the Commissioner of the Patent Office for a ruling only within the time limit for the submission of a written reply by the said other person designated by the Commissioner of the Patent Office 
under Section 84 as applied mutatis mutandis under Subsection (7). 
 (5)  In the case of Subsection (3) or (4), the Commissione r of the Patent Office shall not render a ruling 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 the other person under Section 72, the patentee or the exclusive licensee.  
(6)  In the case of Subsection (4), in addition to th e case provided for in the preceding subsection, the 
Commissioner of the Patent Office shall not render a ruling ordering a non-exclusive license to be granted if a 
ruling ordering a non-exclusive license to be granted is  not rendered with respect to the request for a ruling 
under Subsection (3).  
(7)  Sections 84, 85(1) and 86 through 91-2 shall apply mutatis mutandis to the ruling under Subsection (3) 
or (4).  
93.  Ruling granting non-exclus ive license for public interest 
 
(1)  Where the working of a patented invention is part icularly 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.  IP/N/1/JPN/P/8 
 Page 31 
 
 
 
(2) Where no agreement is reached by co nsultations or no consultations are ab le to be held as provided in the 
preceding subsection, the person intending to work the patented invention may request the Minister of 
Economy, Trade and Industry for a ruling. 
 (3) Sections 84, 85(1) and 86 through 91-2 shall apply mutatis mutandis to the ruling under the preceding 
subsection. 
 
94. Transfer, etc. of non-exclusive license 
 
(1) Except for a non-exclusive license granted by a ruling under Section 83(2), 92(3), 92(4) or 93(2) of the 
Patent Act, Section 22(3) of the Utility Model Act or  S ection 33(3) of the Design Act, a non-exclusive license 
may be transferred only where the business involving the wo rking of the relevant invention is also transferred, 
where the consent of the patentee (or, in the case of no n-exclusive license on the exclusive license, the patentee 
and the exclusive licensee) is  obtained or where the transfer occurs as a result of general succession such as 
inheritance and others.  
(2)  Except for a non-exclusive license granted by a ru ling under Section 83(2), 92(3), 92(4) or 93(2) of the 
Patent Law, Section 22(3) of the Utility Model Law or  Section 33(3) of the Design Law, a non-exclusive 
licensee may establish a right of pledge  on the non-exclusive right only where the consent of the patentee (or, in 
the case of non-exclusive license on the exclusive license, the patentee and the exclusive licensee) is obtained. 
 (3) A non-exclusive license granted by a ruling under Section 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 a ruling un der Section 92(3) of the Patent Act, Section 22(3) of 
the Utility Model Act or Section 33(3) of the Design Act,  the said non-exclusive license shall be transferred 
together with each right of the non-exclusive licensee, and the busine ss involving the working of the relevant 
invention in the case where  each right is transferred together with the said  business and shall be extinguished in 
the case where each right of the said non-exclusive licensee is extinguished or transferred independently of the 
business involving the working thereof. 
 
(5)  A non-exclusive license granted by a ruling under Sec tion 92(4) shall be transferred together with the patent 
right, utility model right or design right of the non-ex clusive 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)  Section 73(1) shall apply mutatis mutandis to non-exclusive licenses. 
 
95.  Right of pledge 
 
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. 
 
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 patent right, exclusive license or non-exclusive license or any money or goods to 
be received by the patentee or the exclusive licensee for the working of the patented invention. Notwithstanding 
the foregoing, the payment of money or delivery of goods may not be made without first obtaining an attachment order. 
 
97.  Abandonment of patent right, etc. 
 
(1) Where there is an exclusive licens ee, pledgee or non-exclusive licensee as  provided in Section 35(1), 77(4) 
or 78(1), a patentee may abandon the patent right, only where the consent of the said  exclusive licensee, pledgee 
or non-exclusive licensee is obtained. 
 IP/N/1/JPN/P/8 
Page 32  
 
 
(2) Where there is a pledgee or non-exclusive licensee as  provided in Section 77(4), an exclusive licensee may 
abandon 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 abandon the non-exclusive license, only where the 
consent of the said pledgee is obtained. 
 
98.  Effect of registration 
 
(1)  The following matters must be registered to take effect. 
 (i)   the transfer (except for a transf er arising from general succession such as inheritance and others), lapse due 
to abandonment and restriction on disposition of a patent right; 
 (ii) the grant, transfer (except for a transfer arising from general successi on such as inheritance and others), 
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; 
 
(iii) the establishment, transfer (ex cept for a transfer arising from gene ral succession includ ing inheritance), 
amendment, lapse (except for a lapse arising from a merger or extinguishment of credit secured thereby) or 
restriction on disposition of a right of pledge of a patent right or exclusive license. 
 (2) Matters of general succession including inheritance under the preceding subsection shall be notified to the 
Commissioner of the Patent Office without delay. 
 
99 
 
(1)  When a non-exclusive license is registered, the non- exclusive license shall have effect on the patentee, the 
exclusive licensee and any person who subsequently acq uires the exclusive license on the patent right . 
 
(2)  A non-exclusive license under Section 35(1), 79, 80(1),  81, 82(1) or 176 shall have effect as provided in the 
preceding subsection without being registered. 
 
(3)  A transfer, modification, lapse, or restriction on disposition of a non-exclusive license or the establishment, transfer, amendment, lapse, or restriction on disposition of a right of pledge on a non-exclusive license shall 
have no effect on any third party unless registered. 
 
Part 2 Infringement of rights 
 100.  Right to seek injunction 
 
(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 subsection, 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 (including, in the case of a patented invention of a process of manufacturing products, 
products produced by the act of infringement; the same shall apply in Section 102(1)) and the removal of facilities used for the act of infringement. 
 
101.  Acts Deemed to be acts of infringement 
 
The following acts shall be deemed acts of infringement of a patent right or an exclusive license:  
 (i)   where a patent has been granted for an invention of a product, acts of manufacturing, assigning, etc., 
importing or offering for assignment, etc. on a commerci al basis any product to be  used exclusively for the 
manufacturing of the said product; 
  IP/N/1/JPN/P/8 
 Page 33 
 
 
 
(ii) where a patent has been granted for an invention of a product, acts of manufacturing, assigning, etc., 
importing or offering for assignment, etc. on a commercial basis any product (excluding those widely distributed 
within Japan) to be used for the manufacturing of the said product 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; 
 
(iii) where a patent has been granted for an invention of a process, acts of manufacturing, assigning, etc., 
importing or offering for assignment, et c. on a commercial basis any product to be used exclusively for the use 
of the said process; and 
 (iv) where a patent has been granted for an invention of a process, acts of manufacturing, assigning, etc., 
importing or offering for assignment, etc. on a commercial basis 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. 
 
102.  Presumption of Amount of Damage, etc. 
 
(1)  Where a patentee or an exclusive licensee claims ag ainst an infringer compensation for damage sustained as 
a result of the intentional or negligent infringement of the patent right or exclusive license, and the act of 
infringement  consists of the assignment of articles, 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 act of infringement, multiplied by the 
quantity of articles assigned by the infringer (hereina fter referred to in this subsection as the “Assigned 
Quantity”), the maximum of which shall be the amount atta inable by the patentee or the exclusive licensee in 
light of the capability of the patentee or the exclusive licensee to work such articles.  Notwithstanding the 
foregoing, if any circumstances exist under which the patentee or the exclus ive 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 profits 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 li censee 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 licens ee would have been entitled to receive  for the working of the patented 
invention as the amount of damage sustained. 
 
(4)  The preceding subsections 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 to be awarded.  
103.  Presumption of negligence 
 
An infringer of a patent right or exclusive license of another person is presumed negligent in the commission of 
said act of infringement. 
 
104.  Presumption of (patented)  manufacturing process 
 
Where the invention of a process of manufacturing a product has been patented and the product was not publicly 
known in Japan prior to the filing of the patent appli cation, a product identical with such product shall be 
presumed to have been manufactured by the patented process.  
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104-2.  Obligation to clarify acts  in concrete manner  
 
In litigation concerning the infringement of a patent right or an exclusive license, in order to deny the material 
allegation made by a patentee or an ex clusive licensee to the effect that an  act of infringement is committed with 
reference to an article or process, the adverse party sh all clarify the the nature of its actions in a concrete 
manner.    Notwithstanding the foregoing, this provision shall not apply where there exist reasonable grounds 
preventing  the other party from so doing.  
104-3.  Restriction on exercise  of rights of patentee, etc . 
 
(1) Where, in litigation concerning the infringement of a patent right or an exclusive license, the said patent is 
recognized as one that should be invalidated by a hearing for patent invalidation, the rights of the patentee or 
exclusive licensee may not be exercised against the other party.  
(2)  Where the court considers that the materials used for a challenge or defense und er the preceding subsection 
are submitted for the purpose of unreasonably delaying th e trial, the court may, upon a motion or ex officio, 
render a ruling to the effect that the cha llenge or the defense is to be dismissed. 
 
105. Production of documents, etc. 
 
(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 substantiate the said act of 
infringement or to calculate the damage arising from the said act of infringement.  Notwithstanding the 
foregoing, this provision shall not apply where there are reasonable grounds for the person possessing the documents to refuse production of the said documents. 
 
(2)  Where the court considers it necessary for determin ing whether or not there are reasonable grounds as 
provided in the proviso to the preceding subsection, 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 subsec tion, where the court considers it necessary to disclose the documents as 
provided in the latter sentence of the preceding subsection to make a decision concerning the existence of 
reasonable grounds as provided in the proviso to Subsec tion (1), the court may disclose the documents to the 
parties, etc. (the parties (or, in the case of legal entitie s, their representatives), their agents (excluding attorneys 
and guardians of quasi-incompetent pe rsons), employees and other staff, he reinafter the same), attorneys or 
guardians of quasi-incompetent persons.  
 
(4)  The preceding three subsections shall apply mutatis mutandis to the presentation of the subject-matter of the inspection that is required to substantiate the act of infringement in litigation concerning the said act of 
infringement of a patent right or exclusive license. 
 
105-2.  Expert opinion for calculation of damages 
 
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 expl ain to the expert witness the matter s necessary for the expert witness’s 
expert opinion.  
105-3.  Determination of reasonable damages 
 
In litigation concerning the infringement of a patent right or exclusive license, where the court has determined 
that damage actually arose and where it is extremely difficu lt for the court, due to the nature of the facts, to 
substantiate the facts necessary to  determine the amount of damage, the court may determine a reasonable 
amount of damage based on the gist of the entire oral proceedings and the result of the examination of evidence. 
  IP/N/1/JPN/P/8 
 Page 35 
 
 
 
105-4.  Order to keep confidentiality  
 
(1) In litigation concerning the infringement of a patent right or exclusive license, where there is prima-facie 
evidence of the fact that tr ade secrets (refers to trade secrets as provided in Section 2(6) of the Unfair 
Competition Prevention Act (Act No.47 of 1993), hereinafter the same) 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 parties, etc., attorneys 
or guardians of quasi-incompetent persons shall neither us e 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.  Notwithstanding the foregoing, this provision shall not 
apply where the parties, etc., attorneys or guardians of quasi-incompetent persons 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 
preliminary pleadings under Paragraph (i) or through the examination or disclosure of evidence under the said 
paragraph.    
(i)   where the trade secrets possessed by the party were  or are contained in the pr eliminary pleadings already 
submitted or to be submitted or such trade secrets were or are contained in the evidence already examined or to 
be examined (including documents disclosed under Section 105(3) and under Section 105-7(4)); and 
 (ii) where it is necessary to restrict the use or the disclo sure 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 subs ection (hereinafter referred to as a "confidentiality 
order”) shall be made in writing specifying the following matters: 
 
(i)  the person(s) to whom the confidentiality order is to be issued;  
(ii) the facts that clearly identify the trade secret s to be protected by the confidentiality order; and 
 (iii) the facts corresp onding to the reasons each of the paragraphs  in the preceding subsection is applicable. 
 
(3)  Where the confidentiality order is issued, a written ru ling thereof shall be served to the person(s) to whom 
the confidentiality order is issued. 
 
(4)  The confidentiality order shall take effect as of the da te the written ruling is served to the person(s) to whom 
the confidentiality order is issued. 
 (5)  The decision dismissing a motion requesting the confidentiality order shall be subject to immediate 
Kokoku-appeal. 
 
105-5.  Revocation of confidentiality order 
 
(1) A person(s) who has file d a motion requesting a confidentiality order or to whom a confidentiality order is 
issued may file a motion with the court where the trial record is maintained (or, in the case of no such court 
maintaining the trial record, the co urt issuing the confidentiality order), requesting the revocation of the 
confidentiality order on the ground that the requirements as provided in Section 105- 4(1) are not met or are no 
longer met. 
 
(2) Where a decision on a motion requ esting the revocation of a confidentiality order is rendered, a written 
ruling thereof shall be served to the person who filed the motion and the other party in the case. 
 
(3) The decision on a motion requesting the revocation of a confidentiality order shall be subject to immediate Kokoku-appeal. 
 
(4) A decision to the effect that a confidentiality order is to be revoked shall have no effect unless the decision 
becomes final and conclusive. 
 IP/N/1/JPN/P/8 
Page 36  
 
(5) Where a decision to the effect that a confidentiality order is to be revoked is rendered, the court shall 
immediately notify the person(s) who, in the litigation in which the said confidentiality order was issued, 
received the confidentiality order rela ting to the trade secrets who are ne ither the person filing the motion 
requesting the revocation of the confidentiality order nor the other party, if any, of the fact that the decision to 
the effect that the confidentiality order is to be revoked was rendered.  
105-6. Notification of petition re questing inspection of trial record, etc 
 
(1) Where a ruling under Section 92(1) of the Code of Civil Procedure was rendered concerning the trial record 
of litigation in which a confidentiality order was issued (excluding litigation in which all confidentiality orders 
have been revoked), where a person who is not a party to whom the confidentiality order was issued in the 
litigation requests inspection etc. under the said section to  a part of the trial record in which the confidential 
information is contained, etc., immediately after the f iling of the petition, the court clerk shall notify the party 
who filed the motion (restricting  access to the trial record)  under the said section (excluding the person who 
filed the petition, the same in Subsection (3)) of the fact that the said petition has been filed. 
 (2) In the case of the preceding subsection, the court cl erk shall not allow the person who filed the petition to 
inspect the part in which confidential information is contained under the said subsection before a lapse of two 
weeks from the date of filing of the petition under the said subsection (or, where a motion requesting a 
confidentiality order is filed prior to the day in which two weeks have lapsed,against the person who filed the 
petition, before the decision on the motion becomes final and conclusive). 
 (3) The preceding two subsections shall not apply where th e consent is obtained of all the parties who filed a 
motion under Section 92(1) of the Code of Civil Procedure, allowing the person who filed a petition under 
Subsection (1) to inspect the part in which confidential information is contained.  
105-7.  Ban on open examination of parties, etc. 
 
(1) Where 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 legal representa tive 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 
deemed to be 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, considers that the parties, etc. will be 
unable to make sufficient statements regarding the matte rs due to the obvious fact  that making statements 
regarding the matters at an open examination will significantly interfere with the business activities of the party 
based on such trade secrets and that, without such statemen ts, a proper decision on th e fact of the existance 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 subsection, hear the opinions of the 
parties, etc. in advance. 
 (3) In the case of the preceding subsection, 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) Where the court considers it necessary to hear opinions by disclosing the document as provided in the latter 
sentence of the preceding subsection, the court may disclose the document to the parties, etc., their attorneys or 
guardians of quasi-incompetent persons. 
 (5) Where the examination on certain matters is to be cl osed under Subsection (1), the court shall declare such 
fact and reasons therefor prior to requi ring the public to leave the court.  Upon completion of the examination on 
said matters, the court shall allow the public to re-enter the court.  
106. Measures to restore credibility 
 
The court may, upon the petition of a patentee or excl usive 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  IP/N/1/JPN/P/8 
 Page 37 
 
 
exclusive licensee in lieu of or in addition to compensation for damages. 
 
Part 3 Maintenance Fees 
 
107.  Maintenance fees  
(1)  A person obtaining the registration establishing a patent right, or a patentee, shall pay as maintenance 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 term as provided in Section 67(1), (and, where the said term is extended by virtue of Section 67(2), for such additional period): 
  
Period within term  
First to third year Annually  
Fourth to sixth year Annually  
Seventh to ninth year Annually 
Tenth to twenty-fifth year Annually, 
 Amount 
¥2,600 plus ¥200 per claim 
¥8,100 plus ¥600 per claim 
¥24,300 plus ¥1,900 per claim 
¥81,200 plus ¥6,400 per claim 
 
(2)  The preceding subsection shall not apply to patent rights belonging to the State. 
 
(3)  Notwithstanding the provisions of Subsection (1), where a patent right is jointly owned by persons including 
the State and/or a juridical person en titled to receive a reduction of the main tenance fees or exemption therefrom 
under Section 109 or the provisions of any other laws or ordinances (hereinafter referred to as a 
“Reduction/Exemption” in this subsection), and the portio n of their respective shares of said patent right has 
been agreed, the maintenance fees payable under Subsection (1) shall be determined as the sum of the amounts calculated for each person other than th e State jointly owning the patent right by multiplying the applicable 
maintenance fees as provided in Subsection (1) (in the case of a person receiving a Reduction/Exemption, the 
amount after said Reduction/Exemption) by the ratio of the share of each person other than the State jointly owning the patent right, and, the persons or juridical persons other than the State shall pay such sum.  
 
(4)  For the amount of maintenance fees calculated under the preceding subsection, fractional figures of less than ten yen shall be discarded. 
 
(5)  The payment of maintenance fees under Subsection (1) shall be made by patent revenue stamps as provided 
by an ordinance of the Ministry of Economy, Trade and Industry. Notwithstanding the foregoing, where so 
provided by an ordinance of the Ministry of Economy, Trade and Industry, a cash payment thereof shall be 
accepted. 
 
108.  Time limit for pay ment of maintenance fees 
 
(1)  The maintenance fees for each year from the first to the third year unde r Section 107(1) shall be paid in a 
lump sum within 30 days from the date on which a certif ied copy of the examiner's  decision or the hearing 
decision to the effect that the patent  is to be granted has been served. 
 
(2)  The maintenance fees for each year  from the fourth and subsequent year s under Section 107(1) shall be paid 
by the end of the previous year.  No twithstanding the foregoing, where the date on which a certified copy of the 
examiner's decision or the hearing decision  to the effect that the extension of the term of the patent right is to be 
registered is served (hereinafter referred to in this subs ection as the “certified copy se rvice date”) is on or after 
the thirtieth day before the end of the year in which the term of the patent right would have expired if the said 
extension of term had not been regist ered, the maintenance fees for each year  from the year following that year 
to the year in which the cer tified 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 cer tified copy service date falls is shorter than 30 days, the 
year following the year in which the certified copy servi ce date falls) shall be paid in a lump sum within 30 days 
after the certified copy service date.  
(3)  The Commissioner of the Patent Office may, upon a petition by a person by whom the maintenance fees are 
to be paid, extend the time limit under Subsection (1) by a period not exceeding 30 days.  
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109.  Reduction, exemp tion or deferment of  maintenance fees 
 
(1)  Where a person who meets the requirements of the Cabinet Order to be recognized as a person with 
insufficient funds is recognized by the Commissioner of the Patent Office as falling under any of the following paragraphs, and has difficulties paying the maintenance fees, the Commissioner of the Patent Office may, 
pursuant to the provisions of the Cabinet Order, grant the person a reduction of, exemption from or deferment of 
the payment of the maintenance fees for each year from the first to th e third year under Section 107(1).  
 
(i)   the inventor of the patented invention or the inventor’s heir; 
 (ii) the employer, etc., who has su cceeded the right to obtain a patent from the employee, etc., where the 
patented invention is an invention by the employee, etc., under Section 35(1) and there exists any provision of 
any contract, employment rules or any other stipulations providing in advance that the employer, etc. shall succeed the right to obtain a patent. 
 
110.  Payment of maintenan ce fees by interested persons 
 
(1) An interested person may pay the maintenance fees even against the will of the person by whom the 
maintenance fees are to be paid. 
 
(2) The interested person who has paid the maintenance fees under the preceding subsection may request the reimbursement of the expenses arising therefrom to the extent of the actual benefit obtained by the person by 
whom the maintenance fees were to be paid. 
 
111.  Refund of maintenance fees 
 
(1)  The following maintenance fees shall be refunded upon the petition of the person that paid them ,
 
 
(i)   maintenance fees paid  in error or in excess; 
 (ii)  maintenance fees for each year fo llowing the year in which a hearing decisi on to the effect that the patent is 
to be invalidated has become final and conclusive; and 
 (iii) maintenance fees for the year following the year in which a hearing decision to the effect that the 
registration of extension of the term of a patent right is to be invalid ated became final and conclusive, and 
subsequent years (limited to those for the year following the year in which the term of a patent right would have 
expired if the said extension of term had not been registered, and subsequent years). 
 (2)  A petition for refund of maintenance fees under th e preceding subsection may not be filed after one year 
from the date of payment in the case of maintenance fees under Paragraph (i) above, or after six months from 
the date on which a hearing decision became final and conclusive in the case of maintenance fees under Paragraphs (ii) and (iii) above.  
 
112.  Late payment of maintenance fees 
 
(1)  Where a patentee is unable to pay the maintenance f ees within the time limit und er Section 108(2) or the 
time limit for deferred payment under Section 109, the patentee may make a late payment of the maintenance 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 maintenance fees under the preceding subsection shall pay, 
in addition to the maintenance fees to be paid under Section 107(1), a surcharge in the same amount as the 
maintenance fees.  
(3) The payment of the surcharge under the preceding s ubsection shall be made by patent revenue stamps as 
provided by an ordinance of the Ministry of Economy, Trade and Industry.  Notwithstanding the foregoing, 
where so provided by an ordinance of the Ministry of Economy, Trade and Industry, a cash payment thereof 
shall be accepted.  IP/N/1/JPN/P/8 
 Page 39 
 
 
 
(4)  Where a patentee fails to pay, within the time limit for late payment of the maintenance fees under Subsection (1), the maintenance fees that  were due and payable within the time limit as provided in the principal 
sentence of Section 108(2) and the surcharge under Subsection (2), the patent right shall be deemed to have been 
extinguished retroactively upon expiration of the time limit as provided in the principal sentence of Section 108(2).  
 
(5) Where a patentee fails to pay, within the time limit for late payment of the maintenance fees under 
Subsection (1), the maintenance fees as provided in the proviso to Section 108(2) and the surcharge under 
Subsection (2), the patent right shall be deemed to have  been extinguished retroactively upon the lapse of the 
year in which the term of the patent right would have expired if the said extension of the term had not been 
registered.  
 (6) Where a patentee fails to pay, within the time limit for late payment of the maintenance fees under 
Subsection (1), the maintenance fees for which the deferment was granted under Section 109 and the surcharge 
under Subsection (2), the patent right shall be deemed never to have existed.  
112-2.  Restoration of patent right by late payment of maintenance fees 
 
(1)  Where the original patentee of the patent right which was deemed to have been extinguished under 
Section 112(4) or 112(5), or which was deemed never to  have existed under Section 112(6), was unable to pay 
the maintenance fees and the surcharge under Sections 112(4) to 112(6) within the time limit for late payment of the maintenance fees under Section 112( 1), due to reasons not attributable to the original patentee, the original 
patentee may make a late payment of the maintenance fees and the surcharge within 14 days (where resident 
abroad, within two months) from the da te on which the reasons ceased to ex ist, but not later than six months 
following the expiration of the said time limit. 
 
(2)  Where the maintenance fees and the surcharge are paid  under the preceding subsection, the patent right shall 
be deemed to have been maintained retroactively from the time of expiration of the time limit as provided in the 
principal sentence of Section 108(2) or the lapse of the year in which the day of the expiration of the term of the patent right falls or existed from the beginning. 
 
112-3.  Restriction on eff ect of restored patent right 
 
(1)  Where a patent right has been re stored under Subsection (2) of the pr eceding section, where the patent has 
been granted for the invention of a product, such patent right shall not be effective against the product which was imported into, produced or acquired within Japan after the lapse of the time limit during which the late 
payment of the maintenance fees is allowed under Section 112(1) but before the registration of the restoration of 
the patent right.  
(2)  A restored patent right under Subsection (2) of the preceding section shall not be effective against the 
following acts conducted after the lapse of the time limit during which the late payment of the maintenance fees is allowed under Section 112(1) but before the regi stration 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, manufacturing, assigning, etc., importing or 
offering for assignment, etc. of any product to be used for manufacturing of the said product; and 
 
(iii) where a patent has been granted for an invention of  a process, manufacturing, assigning, etc., importing or 
offering for assignment, etc. of any product to  be used for the use of the said process. 
 
Chapter V (Deleted) 
 
113. through 120. (Deleted) 
 IP/N/1/JPN/P/8 
Page 40  
 
 
Chapter VI Hearings 
 
121.   Hearing against examiner’s decision of refusal 
 
(1) A person who has received an examiner's decision to th e effect that an applicati on is to be refused and is 
dissatisfied may file a petition for a hearing against the examiner’s decision of refusal within 30 days from the 
date the certified copy of the examiner's decision has been served.  
(2)  Where, due to reasons beyond the control of the pers on, said person is unable to file a petition for a hearing 
against the examiner’s decision of refusal within the ti me limit as provided in the preceding subsection, said 
person may, notwithstanding said subsection, file the pe tition within 14 days (where resident abroad, 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.  
122. (Deleted) 
 
123.  Hearing for patent invalidation 
 
(1)  Where a patent falls under any of the following, a petition for a hearing for patent invalidation may be filed.  
In the event of two or more claims, a petition for a hearin g for patent invalidation may be filed for each claim.  
 (i)   where the patent has been granted on a patent application (excluding a Foreign Language Document 
Application) with an amendment that does not comply w ith the requirements as prov ided in Section 17bis(3); 
 (ii) where the patent has been granted in violation of Sections 25, 29, 29bis, 32, 38 or 39(1) to 39(4);  
 
(iii) where the patent has been gr anted in violation of a treaty;  
 
(iv) where the patent has been granted on a patent application not complying with the requirements as provided 
in Section 36(4)(i) or 36(6) (excluding 36(6)(iv));  
(v) where matters stated in the descri ption, claims or drawings attached to the request in a Foreign Language 
Document Application are not within the scope of matters stated in the Fo reign Language Document;  
 
(vi) where the patent has been granted on a patent application filed by a person who is not the inventor and has 
not succeeded to the right to obtain a patent for the said invention;  
 
(vii) where, after the grant of a patent, the patentee has become unable to hold a patent right under Section 25, or the patent has become in violation of a treaty; and 
 
(viii) where the correction of the description, scope of clai ms or drawings attached to the request for the patent 
has been obtained in violation of the proviso to Section 126(1), Section 126(3) to (5) (including its application 
mutatis mutandis under Section 134-2(5)) or the proviso to Section 134-2(1). 
 (2)  Any person may file a petition for a hearing for patent invalidation.  Notwithstanding the foregoing, where a 
petition for a hearing for patent invalidation is filed on the ground that the patent falls under Paragraph (ii) of the 
preceding subsection (limited to cases where the patent is obtained in violation of Section 38) or Paragraph (vi) of the preceding subsection, only an interested person may file a petition for a hearing for patent invalidation. 
 
(3)  A petition for a hearing for patent invalidation may be filed even after the lapse of the patent right.  
(4)  Where a petition for a hearing for patent invalidation has been filed, the presiding judicial examiner shall 
notify the exclusive licensee of the patent right and other persons who have any registered rights relating to the patent. 
 
124. (Deleted) 
  IP/N/1/JPN/P/8 
 Page 41 
 
 
 
125. 
 
Where a hearing decision to the effect  that a patent is to be invalidated has become final and conclusive, the 
patent right shall be deemed never to have existed.  Notwithstanding the foregoing, where a patent falls under Section 123(1)(vii) and where a hearing decision to the effect that the patent is to be invalidated has become 
final and conclusive, the patent shall be deemed not to  have existed from the time the said paragraph first 
became applicable to the patent.  
125-2.  Hearing for invalidation of a registration of extension of term 
 
(1)  A petition for a hearing for invalidation of the registrati on of extension of term of a patent right may be filed 
if the registration 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 the Cabinet Order under Section 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 registered non- exclusive licensee of the patent did not  receive the disposition as provided 
in the Cabinet Order under Section 67(2);   
 (iii) where the term extended by the registration of ex tension 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 Section 67-2(iv). 
 (2)  Sections 123(3) and (4) shall apply mutatis muta ndis to a petition for a hearing for invalidation of the 
registration of extension of term. 
 (3)  Where a hearing decision to the eff ect that the registration of extension is  to be invalidated has become final 
and conclusive, the extension of the term by the said registration of extension shall be deemed never to have 
been made.  Notwithstanding the foregoing, where the registration of extension falls under Subsection (1)(iii) 
and a hearing decision to the effect that the registration of extension fo r the term exceeding the period during 
which the patented invention could be worked is to be invalidated has become final and conclusive, the extension for the said excess period shall be deemed not to have been made. 
 
126.  Hearing for correction 
 
(1) The patentee may file a petition for a hearing for correc tion with regard to the correction of the description, 
scope of claims or drawings attached  to the request.  Notwithstanding the foregoing, 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. 
 
(2)  A petition for a hearing for correction may not be filed from the time the relevant hearing for patent invalidation has become pending before the Patent Office to the time the hearing decision has become final and 
conclusive.  Notwithstanding the foregoing, this provision shall not apply to a petition for a hearing for 
correction filed within 90 days from the day an action against the hearing decision in the hearing for patent 
invalidation is instituted (in the case of the judgment a nnulling the hearing decision under Section 181(1) or a 
ruling annulling the hearing decision under Section 181(2) concerning the case, the period after the judgment or IP/N/1/JPN/P/8 
Page 42  
 
the ruling has become final and conclusive shall be excluded). 
 (3) The correction of the description, claims or drawin gs under Subsection (1) above shall remain within the 
scope of the features disclosed in th e description, claims, or drawings a ttached to the request [in the case of 
correction for the purposes  
provided in Paragraph (ii) of the proviso to Subsection (1), the description, claims 
and drawings originally attached to the request (in th e case of a patent with regard to a foreign document 
application, the foreign document)]. 
 
(4)  The correction of the description, claims or drawin gs under Subsection (1) shall not substantially enlarge or 
alter the scope of claims.  
(5) In the case of correction for any of the purposes as provided in Paragraph (i) or (ii) of the proviso to 
Subsection (1), an invention constituted by the features described in the corrected claim must be one which could have been patented independently at the time of filing of the patent application. 
 
(6)  A petition for a hearing for correction may be filed even  after the lapse of the patent right.  Notwithstanding 
the foregoing, this provision shall not apply after the patent has been invalidated in a hearing for patent 
invalidation. 
 
127. 
 
Where there is a non-exclusiv e licensee under Section 35(1), 77(4) or 78( 1), an exclusive licensee, or a pledgee, 
the patentee may file a petition for a hearing for corr ection only with the consent of the said person. 
 
128. 
 
Where a hearing decision to the effect that the description, claims or drawings attached to the request is to be 
corrected, has become final and conclusi ve, the filing of the patent application, the publication of the patent 
application, the examiner’s decision or the hearing decision to the effect that the patent is to be granted, or the 
registration of the establishment of the patent right, shall be deemed to have been made based on the corrected description, claims or drawings. 
 
129. and 130. (Deleted) 
 
131.  Formal requirements of petition for hearing 
 
(1)  A person filing a petition for a hearing shall submit a written petition to the Commissioner of the Patent 
Office stating the following: 
 (i)   the name, and the domicile or residence of the party or parties concerned and the representative thereof; 
 
(ii)  the identification of the hearing case; and  
(iii) the gist and grounds of the petition. 
 (2) When a petition for a hearing for patent invalidation 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 substantiated 
with the relevant evidence shall be stated in the grounds  for the petition as provided in Paragraph (iii) of the 
preceding subsection.  
 (3) Where a petition for a hearing for corre ction is filed, the corrected description, claims or drawings shall be 
attached to the petition. 
 
131-2.  Amendment of petition for hearing 
 
(1) An amendment of the petition filed under Subsection (1 ) of the preceding section shall not change the gist 
thereof.  Notwithstanding the foregoing, this provision shall not apply where the said amendment is made with 
respect to the grounds for the petition as provided in Su bsection (1) Paragraph (iii) of the preceding section in 
the course of filing a petition for a hearing other than a hearing for patent invalidation , or in the event that  IP/N/1/JPN/P/8 
 Page 43 
 
 
approval is granted by the presiding judicial examiner under the following subsection.  
 (2) In the course of filing a petition for a hearing for patent invalidation, where an amendment of the grounds for 
the petition as provided in Subsection (1), Paragraph (iii)  of the preceding section changes the gist thereof, the 
presiding judicial examiner may make a ruling approving  such amendment if the pr esiding judicial examiner 
recognizes that there is no possibility of unreasonable delay of the hearing by such amendment and any of the 
following facts exists: 
 
(i)   a petition for correction under Section 134-2(1) has be en filed in the said hearing for patent invalidation and 
such petition for correction has given rise to a need for amendment of the grounds for the petition; and  
(ii)  other than the case as provided  in the preceding paragraph there exist reasonable grounds for not stating the 
grounds for the petition with regard to the amendment of the petition at the time the petition for a hearing was filed, and the respondent has agreed to such amendment. 
 
(3) The approval of the amendment as provided in the preceding subsection may not be granted if the 
amendment of proceedings with regard to the said amendment is submitted prior to the service of a copy of the 
petition under Section 134(1). 
 (4) No appeal shall be available from a ruling under Subsection (2).  
 
132.  Joint hearing 
 
(1)  Where two or more persons file a petition for a hear ing for patent invalidation or a hearing for invalidation 
of the registration of extension of term concerning the same patent right, the petition may be filed jointly.  
(2)  Where a petition for a hearing is filed against patentees jointly owning a patent right, the respondents in the 
said petition shall be all the joint owners of the said patent right . 
 
(3)  Where a petition for a hearing 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, a ll of the said joint owners shall jointly file the petition. 
 
(4)  Where there is a ground for suspension or termina tion of hearing procedures on any of the petitioners of a 
petition for a hearing under Subsection (1) or (3) or any of the respondents of a petition for a hearing under 
Subsection (2), the said suspension or termination shall have effect on all of the petitioners or respondents. 
 
133.  Dismissal by ruling in the case of non-compliance with formal requirements 
 
(1)  Where a written petition does not comply with Section 131, the presiding judicial examiner shall order the 
petitioner to amend the written petition, designating an adequate time limit.  
 
(2)  Excluding the case as provided in the  preceding su bsection, the presiding judicial examiner may order the 
petitioner to amend a procedure relating to the hearing, designating an adequate time limit, in any of the 
following cases: 
 (i)   where the procedure does not comply with  Sections 7(1) to (3) or Section 9;   
 
(ii) where the procedure does not comply with formal requirements as provided in this Law or an order 
thereunder; and 
 (iii) where the fees for a procedure payable under Sections 195(1) or (2) have not been paid;  
 
(3)  The presiding judicial examiner  may dismiss the procedure by a ruling where a person ordered to make an 
amendment to a procedure relating to a hearing fails to make such amendment within the time limit designated 
under the preceding two subsections or where such amendment is made in violation of Section 131bis(1). 
 (4)  The ruling under the preceding subsection shall be made in writing and state the grounds thereof. 
 IP/N/1/JPN/P/8 
Page 44  
 
 
133-2.  Dismissal of inadequate procedures 
 
(1) In the procedures relating to a hearing case (exclu ding a petition for a hearing), the presiding judicial 
examiner may, by a ruling, dismiss procedures that are inadequate and not amendable.  
(2) Where the presiding judicial examiner intends to dismiss a procedure under the preceding subsection, he 
shall notify the person who undertook the procedures of the reasons therefor, and give the said person an opportunity to submit a statemen t of explanation, designating an adequate time limit. 
 
(3) The ruling under this Subsection (1) shall be in writing and state the grounds therefor. 
 
134.  Submission of a written reply, etc. 
 
(1)  Where a petition for a hearing has been filed, the pr esiding judicial examiner shall serve a copy of the 
written petition to the respondent and give the respondent an opportunity to submit a written reply, designating 
an adequate time limit. 
 
(2)  When the presiding judicial examiner approves the correction of the petition under Section 131-2(2), the 
presiding judicial examiner shall serv e a copy of the statement of the ame ndment of proceedings with regard to 
such amendment to the respondent, and shall give the respondent an opportunity to submit a written reply, 
designating an adequate time limit.  Notwithstanding the foregoing, this provision shall not apply where special 
circumstances exist under which it is recognized that giving an opportunity to the respondent to submit a written 
reply is not required. 
 (3)  Upon receipt thereof, the presid ing judicial examiner sha ll serve to the petitioner a copy of the written reply 
under Subsection (1) or the principal sentence of the preceding subsection. 
 (4)  The presiding judicial examiner may question the parties concerned and the interveners with regard to the 
hearing. 
 
134-2. Petition for correction in a hearing for patent invalidation 
 
(1)  The respondent in a hearing for patent invalidation may file a petition for a correction of the description, 
scope of claims or drawing(s) attach ed to the request only within the time limit designated in accordance with 
Subsection (1) or (2) of the preceding section, Subsection (1) or (2) of the following section or Section 153(2). 
Notwithstanding the foregoing, such correction shall be limited to the following purposes: 
 
(i)   restriction of the scope of claims;  
(ii) correction of errors in the descri ption or of incorrect translations; and 
 (iii) clarification of an ambiguous description. 
 
(2)  Upon receipt thereof, the presiding judicial examin er shall serve to the petitioner a copy of the petition for 
correction as well as the corrected description, claims or drawings attached to the petition under the preceding 
subsection. 
 (3)  The judicial examiner may examin e grounds that have not been pleaded by a the party in the case or an 
intervener in determining whether the petition for correction under Subsection (1) is not for any of the purposes 
provided in the paragraphs of the proviso to the said subsection, or matters not provided in Sections 126(3) to (5) that shall be applied mutatis mutandis upon readin g the specified terms in accord ance with Subsection (5).  
In such a case, where the judicial examiner does not approve of the petition for correction on the above 
groundswhere the petition for correction on the above grounds is not approved of, the presiding judicial examiner shall notify the parties in the case and the intervenoers of the result of the hearing and shall give them 
an opportunity to state their opinions, designating an adequate time limit. 
 
(4)  Where a petition for correction under Subsection (1) is made, if another petition for correction has been 
previously made in the said hearing, such previous  petition shall be deemed to have been withdrawn.  IP/N/1/JPN/P/8 
 Page 45 
 
 
 
(5)  Sections 126(3) to (6), 127, 128, 131(1) and (3), 131-2(1) and 132(3) and (4) shall apply mutatis mutandis to the case of Subsection (1). In such a case, “Paragra ph (i) or (ii) of the proviso to Subsection (1)” in 
Section 126(5) shall read “Paragraph (i) or (ii) of the proviso to Subsection (1) relating to a claim or claims for 
which a petition for a hearing for pa tent invalidation is not filed.” 
 
134-3.  Petition for correction where annulment judgment, etc. is rendered 
 
(1)  Where a judgment annulling a hearing decision in a hearing for patent invalidation (limited to a hearing 
decision concluding that the petition for a hearing is gr oundless) has been annulled under Section 181(1) and has 
become final and conclusive, and following which a hearin g is initiated under Subsection (5) of the said Section, 
the presiding judicial examiner may designate to the respondent an adequate time limit for filing a petition for 
correction of the description, scope of claim(s) or drawing(s) attached to the request, only if such motion is 
made by the respondent within one week from the date such decision became final and conclusive.  
 
(2)  Where a ruling annulling a hearing decision under S ection 181(2) has become final and conclusive, and 
following which a hearing is initiated under Subsection (5) of the said Section, the presiding judicial examiner 
shall designate to the respondent an adequate time lim it for filing a petition for correction of the description, 
claim(s) or drawing(s) attached to the request.  Notwithstanding the foregoing, tThis provision shall not apply where a hearing decision in a hearing fo r correction  with regard towith respect to the said case filed  within the 
time limit as provided in the proviso to Section 126(2) has become final and conclusive at the time of the 
initiation of the hearing.  
(3)  Where a petition for a hearing for correction is file d within the time limit as provided in the proviso to 
Section 126(2) and a petition for correctio n under Subsection (1) of the preceding section is filed within the time 
limit designated in accordance with th e preceding two subsections, the res pondent in a hearing for patent 
invalidation may quote the description, claims or drawings  attached to the petition for the hearing for correction. 
  
(4)  Where a petition for a hearing for correction  is file d within the time limit as provided in the proviso to 
Section 126(2) and a petition for correctio n under Subsection (1) of the preceding section is filed within the time 
limit designated in accordance with Subsection (1) or (2 ), the petition for a heari ng for correction shall be 
deemed to have been withdrawn.  Notwithstanding the foregoing, this provision shall not apply where a hearing 
decision in such hearing for correction has become final and conclusive at the time of the petition for correction.  
(5)  Where a petition for a hearing for correction is file d within the time limit as provided in the proviso to 
Section 126(2) and a petition for correc tion under Subsection (1) of the precedi ng section is not filed within the 
time limit designated in accordance with  Subsection (1) or (2) of this Sec tion, a petition for correction under 
Subsection (1) of the said Section quoting the corrected desc ription, scope of claims or  drawings attached to the 
petition for a hearing for correction in accordance with Subs ection (3) of this section shall be deemed to have 
been filed at the end of such time limit.  Notwithstandi ng the foregoing, this provision shall not apply where a 
decision in such hearing for correction has become final and conclusive at the end of such time limit. 
 
135.  Dismissal of inadequate petition for hearing by hearing decision 
 
An inadequate petition for a hearing, that is not amenda ble, may be dismissed by a hearing decision without 
giving the respondent an opportunity to submit a statement of explanation. 
 
136. Judicial hearing system 
 
(1) A hearing shall be conducted by a judicial panel consisting of three or five judicial examiners. 
 
(2) A decision of the judi cial panel under the preceding subsection shall be made by a majority vote. 
 (3) Qualifications of judicial examiners shall be as provided by Cabinet Order. 
 
137. Designation of judicial examiners 
 
(1) The Commissioner of the Patent Office shall designate the judicial examiners cons tituting a judicial panel 
under Section 136(1) for each hearing (for a hearing that is to be examined by an examiner under Section 162, IP/N/1/JPN/P/8 
Page 46  
 
limited to the case where a report is submitted under Section 164(3)).  
 (2) Where any of the judicial examin ers designated under the preceding subsec tion is unable to participate in the 
hearing, the Commissioner of the Patent Office shall terminate the designation and appoint another judicial 
examiner to fill the vacancy.  
138. Presiding judicial examiner 
 
(1) The Commissioner of the Patent Office shall design ate one of the judicial ex aminers designated under 
Section 137(1) as the pres iding judicial examiner. 
 
(2) The presiding judicial examiner shall preside over matters relating to the hearing. 
 
139.   Exclusion of judicial examiners 
 
A judicial examiner shall be excluded from perf orming his/her duties in any of the following cases: 
 
(i)   where the judicial examiner or hi s/her spouse or former spouse is or was a party in the case or an intervener 
in the case;  
(ii)  where the judicial ex aminer is or was a relative by blood within the fourth degree, a relative by affinity 
within the third degree or a cohabiting relative (as defined in the Civil Code of Japan) of a party in the case or an 
intervener in the case; 
 
(iii) where the judicial examiner is a guardian, a superv isor of a guardian, a guardian of a quasi-incompetent 
person, a supervisor of the guardian of quasi-incompetent person, an assistant or a supervisor of the assistant of 
a party in the case or an intervener in the case; 
 
(iv) where the judicial examiner has become a witness or an expert  witness in the case; 
 (v) where the judicial examiner is or was a representativ e of a party in the case or an intervener in the case; 
 
(vi) where the judicial examiner was involved in the procedures relating to the examiner’s decision as the 
examiner who is being ap pealed in the case; and 
 
(vii) where the judicial examiner ha s a direct interest in the case. 
 
140. 
 
Where there exists any ground for exclusion under Section 139, a party or an intervener may file a motion 
requesting the exclusion. 
 
141. Challenges to judicial examiner 
 
(1) Where there exists any circumstances of a judicial  examiner that might hinder fair proceedings of the 
hearing, a party or an intervener may challenge the judicial examiner. 
 
(2) A party or an intervener may not challenge a judicial  examiner after making a written or oral statement to the 
judicial examiner with regard to th e case. Notwithstanding the foregoing, this provision shall not apply where 
the party or the intervener was not aware of the ground of the challenge or the ground of the challenge occurred after making such statement. 
 
142. Formal requirements for a motion requesting exclusion or challenge 
 
(1)  A person filing a motion requesting an exclusion or  challenge shall submit a document to the Commissioner 
of the Patent Office stating the grounds therefor.  Notwithstanding the foregoing, in the case of an oral hearing examination such request may be made orally. 
  IP/N/1/JPN/P/8 
 Page 47 
 
 
 
(2) The grounds for the exclusion or challenge shall be substantiated within 3 days from the date the motion 
under the preceding subsection has been filed.  The same shall apply to the facts pres cribed in Section 141(2). 
 
143.  Ruling on motion reque sting exclusion or challenge 
 
(1) Where a motion requesting an exclusion or challenge has been filed, judicial examiners who are not the 
judicial examiner named in the moti on shall render a ruling thereon through a hearing.  Notwithstanding the 
foregoing, the judicial examiner named in the motion may present his opinion. 
 
(2) The ruling under the preceding subsection shall be made in writing and state the grounds therefor.  
(3) The ruling under Subsection (1) shall not be subject to appeal. 
 
144. 
 
Where a motion requesting an exclusion or challenge has been filed, the hearing procedures shall be suspended 
until a ruling on the motion is rendered.  Notwithstanding the foregoing, this provision shall not apply to the 
case requiring urgent action.  
144-2.   Hearing Clerk 
 
(1)  The Commissioner of the Patent Office shall design ate the hearing clerk for each hearing case (in the case 
of a hearing case for which a petition is filed that is  to be examined by the examiner in accordance with 
Section 162, limited to a hearing case relating to wh ich a report has been submitted under Section 164(3)).  
 
(2)  Qualifications of hearing clerks shall be as provided by Cabinet Order 
 (3)  Where the hearing clerk designated under Subsection (1) is unable to participate in the hearing, the 
Commissioner of the Patent Office shall relieve the designated hearing clerk and appoint another hearing clerk. 
 (4) The hearing clerk shall undertake affairs relating to th e preparation and service of the hearing record for each 
hearing case and, upon the order of th e presiding judicial examiner, undertake  any other affairs relating thereto. 
 (5)  Sections 139 (excluding Paragraph (vi)) and 140 to 144 shall apply mutatis mutandis to the hearing clerk.  
In such a case, the hearing clerk named in the motion re questing the exclusion or challenge may not participate 
in the hearing with regard to the said exclusion or challenge. 
 
145.   Hearing examination procedure 
 
(1) A hearing for patent invalidation or a hearing for invalid ation of the registration of extension of the term of a 
patent shall be conducted by oral hearing examination. Notwithstanding the foregoing, the presiding judicial examiner may, upon a motion by a part y in the case decide to conduct the hearing by documentary examination. 
 
(2)  Hearings, excluding those as provided in the preceding subsection, shall be conducted by documentary examination. Notwithstanding the foregoing, the presiding judicial examiner may, upon a motion by the party 
concerned or ex officio, decide to conduct the hearing by oral examination. 
 (3) Where a hearing  is conducted by oral examination under Subsection (1) or the proviso to the preceding 
subsection, the presiding judicial ex aminer shall designate the date an d place thereof and summon the parties 
concerned and the intervener on the designated date.  
(4)  Section 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 pr eceding subsection. 
 
(5) The oral hearing under Subsection (1) or the proviso to Subsection (2) shall be conducted in public. 
Notwithstanding the foregoing, this provision shall not apply where public order or morality is liable to be 
injured thereby.  
 IP/N/1/JPN/P/8 
Page 48  
 
146. 
 
Section 154 (presence of interpreter, etc.) of the Code  of Civil Procedure shall apply mutatis mutandis to a 
hearing. 
 
147.  Hearing Records 
 
(1)  In an oral hearing examination under Subsection (1) or the proviso to Subsection (2) of Section 145, the 
hearing clerk shall prepare a hearing r ecord stating the gist of the hearing examination and all other necessary 
matters on each hearing date.  
(2)  Where the hearing clerk considers th at an order received from the presiding judicial examiner with regard to 
the preparation or amendment of the h earing record under the preceding subs ection is inappropriate, the hearing 
clerk may add his opinion. 
 
(3) Sections 160(2) and 160(3) (record of oral proceedings) shall apply mutatis mutandis to the hearing record under Subsection (1). 
 
148.  Intervention 
 
(1) A person who may file a petition for a hearing unde r Section 132(1) may intervene in the hearing as a 
petitioner until the conclusion of the examination.  
(2) An intervener under the preceding subsection may continue the hearing pr ocedures even after the withdrawal 
of the petition for a hearing by the original party.  
(3) A person with an interest in the result of the hearing may intervene in the hearing to assist one of the original 
parties until the conclusion of the examination. 
 
(4) The intervener under the preceding subsec tion may undertake all hearing procedures. 
 
(5)  Where there is a ground for interruption or suspension of hearing procedures on behalf of the intervener 
under Subsection (1) or (3), the said interruption or su spension shall have effect on the original parties. 
 
149 
 
(1) A person requesting to intervene shall submit an application for intervention to the presiding judicial 
examiner. 
 (2) Where an application for intervention is submitted, the presiding judicial examiner shall serve a copy of the 
application for intervention to the original parties and intervener(s) and give such persons an opportunity to 
present opinions, designating an adequate time limit.  
(3) Where an application for intervention is filed, the judicial examiner of the hearing in which the applicant 
intends to intervene shall render a ruling through a hearing.  
(4) The ruling under the preceding subsection shall be made in writing and state the grounds therefor. 
 
(5)  The ruling under Subsection (3) shall not be subject to appeal 
 
150.   Examination and preservation of evidence 
 
(1) Evidence may be examined in a hearing, upon a motion by a party or  an intervener, or ex officio. 
 
(2) Evidence may be preserved in an hearing, upon a motion by an interested person prior to the filing of a 
petition for a hearing, or by a party to or an intervener in  the hearing, or ex officio when the hearing is pending. 
 
(3) A motion prior to the filing of a petition for a hearing under the preceding subsection shall be filed with the 
Commissioner of the Patent Office.  IP/N/1/JPN/P/8 
 Page 49 
 
 
 
(4) Where a motion has been filed prior to the filing of a petition for a hearing under Subsection (2), the 
Commissioner of the Patent Office shall designate the judi cial examiner and the hear ing clerk who shall be in 
charge of preservation of evidence. 
 (5) Where evidence has been, ex officio, examined or  preserved under Subsection (1) or (2), the presiding 
judicial examiner shall notify the pa rties and intervener(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 Subsection (1) or (2) may be entrusted to a district court or summary court having jurisdiction over the matter. 
 
151. 
 
Section 147 of this Act and Sections 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) of the Code of Civil Procedure shall apply mutatis 
mutandis to the examination and preservation of evidence under the preceding section.  In such a case, “facts 
that are admitted by the party in court or that are obvi ous” in Section 179 of the said Code shall read “obvious 
facts”, and “Supreme Court Rules” in Section 204 and 215-3 of the said Code shall read “an ordinance of the 
Ministry of Economy, Trade and Industry.”  
152. Ex officio hearing examination 
 
The presiding judicial examiner may pr oceed with the hearing procedures, even  if a party or intervener fails to 
undertake required procedures within the legal or designated time limit or the said person fails to appear 
pursuant to the provision of Section 145(3). 
 
153. 
 
(1)  Any grounds not pleaded by a party or intervener may be examined in a hearing. 
 (2)  Where any grounds not pleaded by a party or intervener has been examined under the preceding subsection, 
the presiding judicial examiner shall notify the parties an d the intervener(s) of the result thereof and give such 
persons an opportunity to present opinions, designating an adequate time limit.  
(3)  Relief  not claimed by the petitioner may not be examined in a hearing. 
 
154.  Joint or separate conduct of hearing examinations 
 
(1)  Where one or both parties to two or more hearings  are identical, the hearing examination may be jointly 
conducted. 
 
(2)  Hearing examinations that have been jointly conducted under the preceding subsection may later be separately conducted. 
 
155.  Withdrawal of petition for hearing 
 
(1)  A petition for a hearing may be withdrawn before  a hearing decision becomes final and conclusive. 
 
(2)  A petition for a hearing may not be withdrawn withou t the consent of the adverse party, after the written 
reply under Section 134(1) has been submitted.  
(3)  When a petition for a hearing for patent invalidation has been filed with regard to two or more claims 
covered by a patent that has two or more claims, the petition may be withdrawn for any of the claims.   IP/N/1/JPN/P/8 
Page 50  
 
 
156.  Notification of conclusion of hearing examination 
 
(1) When the case has reached the poin t at which a hearing decision may be  rendered, the presiding judicial 
examiner shall notify the parties and intervener(s) of the conclusion of th e hearing examination. 
 
(2)  The presiding judicial examiner may, upon a motion by a party or intervener, or ex  officio, resume a hearing 
examination, where necessary, even after the notification has been given under the preceding subsection.  
(3) The hearing decision shall be rendered within 20 days from the date on which the notification under 
subsection (1) has been issued. Notwithstanding the foregoing, this provision shall not apply where the case is complex or there are unavoidable reasons therefor. 
 
157.  Hearing decision 
 
(1)  When a hearing decision has been rendered, the hearing shall be concluded. 
 
(2)  A hearing decision shall be rendered in writing stating the following matters: 
 (i)   the hearing number; 
 
(ii) the name, and domicile or resi dence of each of the parties, inte rvener(s) and their representatives;  
 
(iii) the identification of the hearing  case; 
 (iv) the conclusion of and reasons for the hearing decision; and 
 
(v) the date of the hearing decision.  
(3)  Where a hearing decision has be en rendered, the Commissioner of the Patent Office shall serve a certified 
copy of the hearing decision to the parties, intervene r(s) and person whose application for intervention has been 
refused. 
 
158.  Special provisions regarding hearings against examiner’s decision of refusal 
 
Any procedure taken during the examination procedure shall also be effective in a hearing against an examiner’s 
decision of refusal. 
 
159.  
 
(1)  Section 53 shall apply mutatis mutandis to a hearing ag ainst an examiner’s decision of refusal.  In such a 
case, "Section 17-2(1)(iii)" in Section 53(1) shall read "Section 17-2(1)(iii) or (iv)", and "an amendment" in 
Section 53(1) shall read "an amendment (in the case of  Section 17-2(1)(iii), excluding the amendment made 
prior to the petition for a hearing against the examiner’s decision of refusal)". 
 (2)  Section 50 shall apply mutatis mutandis where a reason  for refusal found in a hearing against an examiner’s 
decision of refusal is different from the reason(s) of th e examiner's decision.  In such a case, "in the case of 
Section 17-2(1)(iii)" in the proviso to Section 50 shall read  "in the case of Section 17-2(1)(iii) or (iv) (in the case 
of Section 17-2(1)(iii), excluding the amendment made prior to the petition for a hearing against an examiner’s 
decision of refusal)." 
 (3)  Sections 51 and 67-3(2) shall apply mutatis mutandis where a petition for a hearing against an examiner’s 
decision of refusal is found to have reasonable grounds. 
 
160.  
 
(1)  Where an examiner's decision has been cancelled in a hearing against the examiner ’s decision of refusal, a 
hearing decision may be made to order a further examination to be carried out.  
  IP/N/1/JPN/P/8 
 Page 51 
 
 
(2)  The decision made in the hearing decision shall be binding upon the examiner with respect to the case.  
 (3)  Section 159(3) shall not apply where a hearing decision under Subsection (1) is rendered.  
 
161.  
 
Sections 134(1) to (3), 134-2, 134-3, 148 and 149 shall not apply to a hearing against the examiner’s decision of 
refusal. 
 
162.   
 
Where, in the case of a petition for a hearing against an examiner’s decision of refusal, within 30 days of such 
petition an amendment has been made to the description, scope of claims or drawings attached to the request in the patent application, the Commissioner of the Patent Office shall direct the examiner to examine the petition. 
 
163.  
 
(1)  Sections 48, 53 and 54 shall apply mutatis mutandis to  an examination under the pr eceding section.  In such 
a case, "Section 17-2(1)(iii)" in Secti on 53(1) shall read "Section 17-2(1)(iii)  or (iv)" and "an amendment" in 
Section 53(1) shall read "an amendment (in the case of  Section 17-2(1)(iii), excluding the amendment made 
prior to the petition for a hearing against an examiner’s decision of refusal).” 
 (2)  Section 50 shall apply mutatis mutandis where a reason for refusal which was not contained in the 
examiner's decision concerned in the petition for a hearing is found in the examination under the preceding 
section.  In such a case, "in the case of Section 17-2(1)(iii) " in the proviso to Section 50 shall read "in the case of 
Section 17-2(1)(iii) or (iv) (in the case of Section 17-2(1)(iii), excluding the amendment made prior to the 
petition for a hearing against an examiner’s decision of refusal)." 
 
(3)  Sections 51 and 52 shall apply mutatis mutandis wh ere a petition for a hearing is found to have reasonable 
grounds in the examination under the preceding section.  
164. 
 
(1) In an examination under Section 162,  where the examiner renders a decision to the effect that a patent is to 
be granted, the examiner shall cancel the examiner’s decision of refusal that is the basis of the hearing petition. 
 (2) Except in the case of the preceding  subsection, the examiner may not re nder a ruling rejecting an amendment 
under Section 53(1) as applied under Section 163(1). 
 (3) Except in the case of Subsection (1), the examiner sh all report to the Commissioner of the Patent Office the 
result of the examination without rendering a decision on the petition for the said hearing. 
 
165.  Special provisions fo r hearings for correction  
 
Where a petition for a hearing for correction does not correspo nd to one of the purposes provided in the proviso 
to Section 126(1) or does not comply with Sections 126(3) to (5), the presiding judicial examiner shall notify the 
petitioner of the reasons ther efore and give the petitioner an opportunity to submit an written opinion in writing, 
designating an adequate time limit.  
 
166.  
 
Sections 134(1) to (3), 134-2, 134-3, 148 and 149 shall not apply to a hearing for correction. 
 
167.  Effect of hearing decision 
 
When a final and conclusive hearing decision in a heari ng for patent invalidation or a hearing for invalidation of 
the registration of extension of the term has been registered, no one may file a petition for a hearing on the basis 
of the same facts and evidence. 
 IP/N/1/JPN/P/8 
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168.  In relation to litigation 
 
(1)  Where deemed necessary during a hearing, the hearing pr oceedings may be suspended until the decision in 
another hearing has become final and conclusive or litigation proceedings have been concluded. 
 (2)  Where a lawsuit is instituted or a petition 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 hearing decision 
becomes final and conclusive.    
 
(3)  Where a lawsuit with respect to infringement of a patent right or an exclusive license is instituted, the court shall notify the Commissioner of the Patent Office th ereof. The same shall apply when the said court 
proceedings have been concluded.  
 (4)  Where the Commissioner of the Patent Office rece ives the notification as provided in the preceding 
subsection, the Commissioner of the Patent Office shall notify the court of whether a petition for a hearing with 
regard to the said patent right has been filed. The same shall apply when, with regard to the said hearing, a ruling dismissing the petition or a hearing decision has been rendered or the petition has been withdrawn.   
 
(5)  Where the court receives the notification to the effect  that a petition for a hearing with regard to the said 
patent right has been filed under the preceding subsection, if a document stating a method of challenge or 
defense as provided in Section 104-3(1) has already been  submitted in the lawsuit prior to the said notification 
or if the said document is submitted for the first time after the said notification, the court shall notify the 
Commissioner of the Patent Office thereof. 
 
(6)  Where the Commissioner of the Patent Office rece ives the notification as provided in the preceding 
subsection, the Commissioner of the Patent Office may request the court to deliver copies of any record of the 
said lawsuit which the judicial examiner  considers necessary for the hearing. 
 
169.  Burden of costs of hearing 
 
(1)  The burden of costs in connection with a hearing for patent invalidation or a hearing for invalidation of the 
registration of extension of the term shall be decided ex officio by a hearing decision where the hearing is 
terminated by a hearing decision or by a ruling in the h earing where the hearing is te rminated otherwise than by 
a hearing decision.  
 
(2)  Sections 61 to 66, 69(1), 69(2), 70 and 71(2) (Bear ing of litigation costs) of the Code of Civil Procedure 
shall apply mutatis mutandis to the costs in connection w ith the hearing under the preceding subsection. In such 
a case, “Supreme Court Rules” in Section 71(2) of the said Code shall read “ordinance of the Ministry of 
Economy, Trade and Industry.”  
(3)  The costs in connection with a h earing against an examiner’s decision of refusal and a hearing for correction 
shall be borne by the petitioner.  
(4)  Section 65 (Bearing of litigation costs in joint litigatio n) of the Code of Civil Procedure shall apply mutatis 
mutandis to the costs to be borne by the petitioner under the preceding subsection.   
(5)  The amount of costs in connection with a hearing shall be determined by the Commissioner of the Patent 
Office upon request, after a hearing decision or  a ruling has become final and conclusive. 
 
(6)  The scope, the amount and the payment of the costs in connection with a hearing and the payment required for undertaking a procedure for a hearing shall be governed by the relevant provisions of the Law concerning 
Civil Procedure Costs, etc. (Law No. 40 of 1971) (excluding provisions in Chapter II, Parts 1 and 3 of the said 
Law) unless such provisions are contrary  to the nature of the said matters.  
 
170.  Enforceability of ru ling on amount of costs 
 
A final ruling on the amount of costs for a hearing sha ll have the same effect as that of an enforceable 
instrument of obligation. 
  IP/N/1/JPN/P/8 
 Page 53 
 
 
Chapter VII Rehearing 
 171.  Petition for rehearing 
 
(1)  A party or an intervener may file a petition for a re hearing against a final and conclusive hearing decision.  
 
(2)  Sections 338(1), 338(2) and 339 (Grounds for retrial) of the Code of Civil Procedure shall apply mutatis 
mutandis to a petition for a rehearing under the preceding subsection. 
 
172. 
 
(1) Where a petitioner for a hearing, in conspiracy with  the respondent, has caused the hearing decision to be 
rendered for the purpose of impairing the right or interest  of a third party, the third party may file a petition for a 
rehearing against the final and conclusive hearing decision. 
 
(2) A petition for a rehearing under the preceding subsection shall be filed against the petitioner and the respondent in the hearing as joint respondents. 
 
173.  Time limit for petition for rehearing 
 
(1)  A petition for a rehearing shall be filed within 30  days from the date on which the petitioner became aware 
of the grounds for the rehear ing after the hearing decision  became final and conclusive. 
 
(2)  Where a person intending to file a petition for a rehe aring is unable to file the said petition within the time 
limit as provided in the preceding subsection due to reasons beyond the control of the person, notwithstanding the said subsection, prior to the lapse of six months from the expiration of the said time limit the said person 
may file the petition within 14 days (in the case of a resident abroad, within two months) from the date on which 
the said reasons ceased to exist.  
 
(3)  Where a petition for a rehearing is filed on the gro und that the petitioner was not represented in accordance 
with the applicable legal provisions, the time limit as provided in Subsection (1) shall be counted from the day 
following the date on which, by being served a copy of the hearing decision, the petitioner or his legal 
representative became aware that the h earing decision had been rendered. 
 
(4)  No petition for a rehearing may be filed after the expiration of three years from the date on which the 
hearing decision became final and conclusive.  
(5)  Where a ground for a rehearing has arisen after the hearing decision became fina l and conclusive, the time 
limit as provided in the preceding subsection shall be counted from the day following the date on which the ground first arose. 
 
(6)  Subsections (1) and (4) shall not apply to a petition for a rehearing filed on the ground that the hearing decision is in conflict with a final and conc lusive hearing decision previously rendered. 
 
174.  Application mutatis mutandis of provisions regarding hearing, etc. 
 
(1)  Sections 131(1), the principal sentence of 131-2(1), 132(3) and (4), 133, 133-2, 134(4), 135 to 147, 150 
to 152, 155(1), 156 to 160, 168, 169(3) to (6), and 170 shall apply mutatis mutandis to a reh 
earing against a final and conclusive hearing decision in a hearing against an examine r’s decision of refusal. 
 (2)   Sections 131(1), the principal sentence of 131-2(1), 132(1), (2) and (4), 133, 133-2, 134(1), (3) and (4), 135 
to 152, 154 to 157, 167, 168, 169(1), (2), (5) and (6), and 170 shall apply mutatis mutandis to a rehearing 
against a final and conclusive hearing decision in a hearing for patent invalidation or a hearing for invalidation of the registration of extension of the term. 
 
(3)  Sections 131(1) and (3), the principal sentence of 131bis(1), 132(3) and (4), 133, 133bis, 134(4), 135 to 147, 150 to 152, 155(1), 156, 157, 165, 168, 169(3) to (6), and 170 shall apply mutatis mutandis to a rehearing 
against a final and conclusive hearing decision in a hearing for correction . 
 IP/N/1/JPN/P/8 
Page 54  
 
(4)  Section 348(1) of the Code of Civil Procedure (Scope of examination) shall apply mutatis mutandis to a 
rehearing.  
175.  Restriction on effect of patent right restored by rehearing 
 
(1)  Where a patent right relating to an invalidated patent or a patent right relating to the invalidated registration 
of extension of the term thereof has been restored by a rehearing, or where the establishment of a patent right or 
the extension of the term of a patent right with respect to a patent application or an application for the 
registration of extension of the term of a patent right which was refused by a hearing decision has been 
registered by a rehearing, and where the patent has been granted for the invention of a product, such patent right 
shall not be effective against any product imported into or manufactured or acquired in Japan in good faith, after 
the hearing decision became final and conclusive but before the registra tion of the petition for a rehearing. 
 (2)  Where a patent right relating to an invalidated patent or a patent right relating to the invalidated registration 
of extension of the term thereof has been restored by a rehearing or where the establishment of a patent right or 
the extension of the term of a patent right with respect to a patent application or an application for the registration of extension of the term of a patent right which was refused by a hearing decision has been 
registered by a rehearing, such patent right shall not be effective against the follo wing acts conducted after the 
hearing decision became fina l and conclusive but before the regist ration of the petition for a rehearing: 
 
(i)   working of the said invention in good faith; 
 (ii)   where a patent has been granted for the invention of a product, manufacturing, assigning, etc., importing or 
offering for assignment, etc. in good faith any product to be used for manufacturing of the said product; and 
 (iii)  where a patent has been granted for the invention of a process, manufacturing, assigning, etc., importing or 
offering for assignment, etc. in good faith any product to be used for the use of the said process. 
 
176. 
 
Where a patent right relating to an invalidated patent or a patent right relating to the invalidated registration of 
an extension of the term thereof has been restored through a rehearing or where the establishment of a patent 
right or the extension of the term of a patent right with respect to a patent application or an application for registration of an extension of the term of a patent right refused by a hearing decision has been registered 
through a rehearing, and where a person/party has, in good faith, been working the invention in Japan or has, in 
good faith, been making preparations  therefore, after the hearing decisi on became final and conclusive but 
before the registration of the demand for a rehearing, such person shall have a non-exclusive license on the 
patent right, said license being limited to the invention being worked or for which preparations for working are 
being made, and to the purpose of such working or the preparations therefore.  
177. (Deleted) 
 
Chapter VIII Litigation 
 
178.  Actions against hearing decisions, etc.  
(1)  The Tokyo High Court shall have exclusive jurisdiction over any action against a hearing decision or a 
ruling to dismiss a petition for a hearing or a rehearing.
  
 
(2)  An action under Subsection (1) may be instituted only by a party in the case, an intervener, or a person whose application for intervention in the hearing or in the rehearing has been refused. 
 
(3)  An action under Subsection (1) may not be instituted after the expiration of thirty days from the date on which a certified copy of the hearing decision or the ruling has been served. 
 
(4)  The time limit as provided in th e preceding subsection shall be invariable. 
 
(5)  The presiding judicial examiner may ex officio designate an additional period extending the invariable time 
limit under the preceding subsection for a person in a remote area or an area w ith transportation difficulty.  IP/N/1/JPN/P/8 
 Page 55 
 
 
 
(6)  An action with regard to a matter for which a petition for an hearing may be filed may be instituted only against a hearing decision. 
 
179.  Appropriate party as respondent  
 
In an hearing under Section 178(1), the Commissione r of the Patent Office shall be the respondent.  
Notwithstanding the foregoing, in the case of an action against a hearing decision in a hearing for patent 
invalidation, or a hearing for invalidation of the registration of extension of term, or in a rehearing under 
Section 171(1) against a final and conclusive hearing decision in such hearing, the petitioner or the respondent in the hearing or rehearing shall be the respondent. 
 
180.  Notification of institution of action 
 
Where an action under the proviso to Section 179 has been  instituted, the court shall notify the Commissioner of 
the Patent Office thereof without delay.  
180-2.  Opinion of the Commission er of the Patent Office in hearings annulling the hearing decision 
 
(1)  Where an action under the proviso to Section 179 is instituted, the court may seek the opinion of the 
Commissioner of the Patent Office regarding the application of this law or any other necessary matters relating 
to such case.  
(2)  Where an action under the proviso to Section 179 is  instituted, upon the court’s consent, the Commissioner 
of the Patent Office may express his opinions to the court regarding the application of this law or any other necessary matters relating to such case. 
 
(3)  The Commissioner of the Patent Office may designate another Patent Office official to express the 
Commissioner’s opinions for the purpose of the preceding two subsections. 
 
181.  Annulment of the hearing decision or ruling 
 
(1)  Where the court finds for the plai ntiff in an action instituted under Sec tion 178(1), it shall annul the hearing 
decision or ruling. 
 
(2)  Where an action regarding a decision in a hearing fo r patent invalidation is instituted under Section 178(1), 
and the court considers it appropriate to  cause the judicial examiners in a h earing for patent invalidation to carry 
out a further hearing examination with regard to whether or not the said patent shall be invalidated, on the basis 
that the patentee has filed a petition or will file a petition fo r a hearing for correction  with regard to the patent in 
question in the action after such action is brought, the court may annul the said hearing decision by a ruling in 
order to return the case to the judicial examiners. 
 (3)  Before rendering a ruling under the preceding subsec tion, the court shall hear the views of the parties. 
 
(4)  The ruling under Subsection (2) shall have effect on the judicial examiners and any other third parties.  
(5)  When the court's decision annulling a hearing decisi on or ruling under Subsection (1) or the court’s ruling 
annulling a hearing decision under Subsection (2) has become final and conclusive, the judicial examiners shall 
carry out a further hearing examination and render a hearing decision or ruling. 
 
182.  Delivery of original copy of judgment 
 
Where the court procedures with respect to an action under the proviso to Section 179 have been concluded, the 
court shall, without delay, deliver the original copy of the judgment rendered by the court of each instance to the 
Commissioner of the Patent Office. 
 IP/N/1/JPN/P/8 
Page 56  
 
 
182-2.  Composition of judicial panel 
 
With respect to an action under Sectio n 178(1), the ruling that examination and judgment shall be rendered by a 
judicial panel consisting of five judges may be  made if so determined by the said judicial panel.  
183.  Lawsuit against amount of compensation 
 
(1)  A person(s) who has received an ru ling under Section 83(2), 92(3), 92(4), or 93(2) may, if not satisfied with 
the amount of the compensation determin ed in the ruling, institute an action demanding  an increase or decrease 
of the said amount.  
(2)  An action under the preceding subsection may not be instituted after the expiration of six months from the 
date on which a certified copy of the ruling has been served.  
184.  Standing as defendant 
 
(1) In an action under Section 183(1), the following person shall have standing as a defendant: 
 (i)   in an action against a ruling under Section 83(2) , 92(4) or 93(2), the non-exclusive licensee, patentee or 
exclusive licensee; and 
 (ii) in an action against a ruling under Section 92(3), the non-exclusive licensee or the other person under 
Section 72. 
 
184-2.  Relationship between (adm inistrative) hearing and litigation 
 
A lawsuit demanding the annulment of measures imposed by this Act or an order thereunder (excluding 
measures under Section 195(4)), may be instituted only  after the rendering of a  ruling or a decision on an 
hearing against the measures or on the request for examination thereof. 
 
Chapter IX Special Provisions Concerning Internatio nal Applications under the Patent Cooperation 
Treaty 
 
184-3.  Patent application base d on international application 
 
(1)  An international application (a patent application only) to which the international filing 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 Chapte r) 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 filing date.  
 
(2)  Section 43 (including its mutatis mutandis appli cation under Section 43-2(3)) shall not apply to the 
international application deemed to be a patent appli cation under the preceding subsec tion (hereinafter referred 
to as an “International Patent Application”). 
 
184-4  Translations of international pa tent application in foreign language 
 
(1)  An applicant of an international patent application in a foreign language (hereinafter referred to as a 
“Foreign Language Patent Application”) shall submit to the Commissioner of the Patent Office Japanese 
translations of the description, claims, drawings (the desc riptive text in such drawings only), and the abstract, as 
provided in Article 3(2) of the Treaty, as of the intern ational filing date as provided in Subsection (1) of the 
preceding section (hereinafter referred to as the “International Filing Dat e”) within the period from the priority 
date under Article 2 (xi) of the Treaty (hereinafter re ferred to as the “Priority Date”), to two years and six 
months (hereinafter referred to as the “Time Limit fo r the Submission of National Documents”) therefrom.  
Notwithstanding the foregoing, the applicant of a Foreign Language Patent Application who has submitted the 
document under Subsection (1) of the following section during the period from two months before the 
expiration of the Time Limit for the Submission of National Documents to the expiry date thereof (excluding the 
case where the said translations have been submitted pr ior 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  IP/N/1/JPN/P/8 
 Page 57 
 
 
as the “Special Time Limit for the Submission of Translations”).   
 (2)  In the case of the preceding subsection, where the applicant of the Foreign Language Patent Application has 
made an amendment under Article 19(1) of the Treaty, the applicant may, in lieu of the translation of the 
claim(s) as provided in the pr eceding subsection, submit a transla tion of the amended claim(s).   
 
(3)  Where the translation of the description as provided in Subsection (1) and the translation of the claim(s) as 
provided in the preceding two subsections have not been submitted within the Time Limit for the Submission of 
National Documents (in the case of a Foreign Language Patent Application under the proviso to Subsection (1), 
the Special Time Limit for the Submission of Translations , hereinafter the same in the following subsection), the 
International Patent Application shall be  deemed to have been withdrawn.  
 
(4)  Where an amendment under Article 19(1) of the Treaty has been made, an applicant who has submitted the translation of the claim(s) as provided in Subsection (1 ) may further submit a Japanese translation of the said 
amended 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 reques ts the examination of the application within the Time 
Limit for the Submission of National Documents, hereinafter referred to as the “National Processing Standard 
Time”).  
 (5)  The principal sentence of Secti on 184-7(3) shall apply mutatis mutandi s to the case where the translation 
under Subsection (2) or the preceding subsection has not been submitted. 
 
184-5.  Submission of documents  and order to amend procedures 
 
(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 Submi ssion 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;  
(iii)  matters as provided by an ordinance of the Mi nistry of Economy, Trade and Industry, including the 
international filing number.  
(2)  The Commissioner of the Patent Office may orde r the amendment of proced ures for an applicant, 
designating an adequate time limit, in the following cases:  
(i)   where the document to be submitted under the preceding subsection is not submitted within the Time Limit 
for the Submission of National Documents;  
(ii)   where the procedure as provided in the preceding subsection does not comply with Sections 7(1) to (3) or 
Section 9;   
(iii)  where the procedure as  provided in the preceding subsection does not comply with the formal requirements 
as provided by an ordinance of the Ministry of Economy, Trade and Industry;   
(iv)  where a translation of the abst ract to be submitted under Subsectio n (1) of the preceding section is not 
submitted within the Time Limit for the Submission of National Documents (in the case of a Foreign Language 
Patent Application under the proviso to Subsection (1) of the preceding sec tion, the Special Ti me Limit for the 
Submission of Translations); and  
(v)  where the fees payable under Section 195(2) are not paid within the Time Limit for the Submission of 
National Documents.  
(3)  Where the person ordered to amend a procedure under the preceding subsection does not make the 
amendment within the designated time limit under the said subsection, the Commissioner of the Patent Office may dismiss the said International Patent Application. 
 IP/N/1/JPN/P/8 
Page 58  
 
 
184-6.  Effect, etc. of request, descript ion, etc. of intern ational application 
 
(1)  The request of an International Patent Application as of the international filing date shall be deemed to be a 
request submitted under Section 36(1).  
(2)  The description of an International Patent Applicati on in the Japanese language (hereinafter referred to as a 
"Japanese Language Patent Application") as of the interna tional filing date and translations of the description of 
a Foreign Language Patent Application as of the international filing date shall be deemed to be the description 
submitted with the request under Section 36(2); claim(s) of  a Japanese Language Patent Application as of the 
international filing date and a translation of the claim(s) of a Foreign Language Patent Application as of the international filing date shall be deemed to be the claim(s) submitted with the request under the said Subsection; 
drawing(s) of a Japanese Language Patent Application as of the international filing da te, drawing(s) of a Foreign 
Language Patent Application as of the international filing 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 request under the said Subsection;  and, the abstract of a Japanese Language Patent Application and a 
translation of the abstract of a Foreign Language Patent  Application shall be deemed to the abstract submitted 
with the request under the said Subsection. 
 (3)  Where a translation of the amended claim(s) under Article 19(1) of the Treaty is  submitted as provided in 
Section 184-4(2) or (4), notwithstanding the preceding s ubsection, a translation of the said amended claim(s) 
shall be deemed to be the claim(s) submitted with the request under Section 36(2).  
184-7.  Amendment under Article 19  of the Treaty with regard to Jap anese Language Patent Application 
 
(1)  Where an applicant of a Japanese Language Patent  Application has made an amendment under Article 19(1) 
of the Treaty, such applicant shall submit to the Commissioner of the Patent Office a copy of the written 
amendment submitted under Article 19(1) on or before the date which the National Processing Standard Time falls into. 
 
(2)  Where a copy of a written amendment has been subm itted under the preceding subsection, an amendment to 
the claim(s) attached to the request sh all be deemed to have been made under Section 17bis(1) by the said copy 
of the written amendment.  Notwithstanding the foregoin g, where the written amendment has been served to the 
Patent Office under Article 20 of the Treaty within the time limit under the preceding subsection, the amendment is deemed to have been made by the said written amendment. 
 
(3)  Where the procedure under Subsection (1) has not been taken by the applicant of a Japanese Language 
Patent Application within the time limit under Subsection (1), no amendment under Article 19(1) of the Treaty 
shall be deemed to have been made. Notwithstanding the foregoing, this provision shall not apply to the case as provided in the proviso to the preceding subsection. 
 
184-8.  Amendment under Ar ticle 34 of the Treaty 
 
(1)  Where an applicant of an International Patent Application has made an amendment under Article 34(2)(b) of 
the Treaty, such applicant shall submit to the Commissioner of the Patent Office, in th e case of amendment with 
regard to a Japanese Language Patent Application, a copy of the written amendment submitted under 
Article 34(2)(b) and, in the case of  amendment with regard to a Foreign Language Patent Application, 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 subsection, an amendment to the description,  claim(s) or drawing(s) attached to the request shall 
be deemed to have been made under Section 17bis(1) by  the copy of the written amendment or the translation of 
the written amendment.  Notwithstanding the foregoing, where the written amendment with regard to a Japanese 
Language Patent Application has been served to the Patent Office under Article 36(3)(a) of the Treaty within the 
time limit under the preceding subsection, the amendment is deemed to have been made by the said written 
amendment. 
  IP/N/1/JPN/P/8 
 Page 59 
 
 
 
(3)  Where the procedure under Subsection (1) has not been taken by the applicant of an International Patent 
Application within the time limit under Subsection (1), no amendment under Article 34(2)(b) of the Treaty shall 
be deemed to have been made. Notwithstanding the foregoing, this provision shall not apply to the case as 
provided in the proviso to the preceding subsection.  
(4)  Where, in accordance with Subsection(2), an amendment to the description, claims or drawings attached to 
the request with regard to a Foreign Language Patent Application has been deemed to have been made under Section 17-2(1), such amendment shall be deemed to ha ve been made by submitting the written correction of 
incorrect translation as provided in Section 17-2(2). 
 
184-9.  National publication, etc. 
 
(1)  The national publication of a Foreign Language Patent Application, a translation of which has been 
submitted under Section 184-4, excluding a Foreign Lan guage Patent Application, Patent Gazette Containing 
Registered 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 
Foreign Language Patent Application under the proviso to Section 184-4(1), the Special Time Limit for the 
Submission of Translations, hereinafter the same in this subsection) [in the case of an International Patent Application for which the applicant has requested an ex amination 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 (hereinafter referred to as "International Pub lication") has been effected, after such request for the 
examination of the patent application]. 
 
(2)  National publication shall be effected by publis hing 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 filing date;  
(iv)  the name, and the domicile or residence of the inventor; 
 (v)  the matters stated in the translations of the description and the descriptive text in the drawing(s) as provided 
in Section 184-4(1); the matters stated in the translation of the claim(s) (in the case where a translation has been 
submitted under Subsection (2) of the said section, the said translation); the matters stated in the translation 
under Subsection (4) of the said section; 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 morality by stating those in the 
Patent Gazette); 
 (vi)  the number and the date of the national publication; and 
 
(vii)  other necessary matters.  
(3)  Section 64(3) shall apply mutatis mutandis where the matters stated in the translation of the abstract as 
provided in Paragraph (v) of the preceding subsection are to be contained in the Patent Gazette under the preceding subsection. 
 
(4)  Section 64 shall not apply to an International Patent Application.  
(5)  For the purpose of an International Patent Appli cation, "the publication of the patent application" in 
Sections 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 read "the international publication under Section 184-9(1)" in the case of a Japanese Language Patent Application 
and "the national publication under Section 184-9(1)" in the case of a Foreign Language Patent Application. 
 
(6)  For the purpose of a petition for a certificate, etc., w ith regard to a Foreign Language Patent Application, "or 
the materials under Section 67-2(2)'' in Section 186(1)(i ) shall read "or a request,  a description, claim(s), IP/N/1/JPN/P/8 
Page 60  
 
drawing(s), or an abstract in an international applica tion 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 th e Patent Gazette with regard to an International Patent 
Application, "after the publication of a patent applicatio n" in Section 193(2)(iii) shall read "with regard to an 
International Patent Application, the Internati onal Publication of which has been effected." 
 
184-10.  Effect etc.,  of International Publication and National Publication 
 
(1) After the International Publication of a patent application in the case of a Japanese Language Patent 
Application, or after the National Publication of a patent application in the case of a Foreign Language Patent Application, 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 commercially worked the invention 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, with the knowledge of the invention having been claimed in the International Patent Application, 
commercially worked the invention prior to the registration establishing a patent right for which, in the case of a 
Japanese Language Patent Application, the Internationa l Publication has been effected or, in the case of a 
Foreign Language Patent Application, th e National Publication has been effected. 
 
(2)  Sections 65(2) to 65(5) shall apply mutatis mutandis to the exercise of the right to claim compensation under the preceding subsection. 
 
184-11.  Special provisions concerning pa tent administrators for nonresidents 
 
(1) Notwithstanding Section 8(1), an applicant of an Inte rnational Patent Application who is a nonresident may, 
prior to the National Processing Standard Time, undertake procedures without being represented by a patent 
administrator. 
 (2) The person prescribed in the preceding subsectio n 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 an 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 subsection, the Internatio nal Patent Application shall be d eemed to have been withdrawn. 
 
184-12.  Special provisi ons concerning amendment 
 
(1)  Notwithstanding the principal sentence of Section 17(1), no amendment of the procedures shall be allowed 
(excluding those under Sections 184-7(2) and 184-8(2)) unless, in the case of a Japanese Language Patent 
Application, the procedure under Section 184-5(1) has be en taken and the fee payable under Section 195(2) has 
been paid, and, in the case of a Foreign Language Patent Application, the procedures under Sections 184-4(1) 
and 184-5(1) have been taken, the fee payable under Section 195(2) has been paid, and the National Processing 
Standard Time has lapsed. 
 
(2)  For the purpose of the allowable scope of amendment to the description, claims or drawings with regard to a Foreign Language Patent Application, “a Foreign Document Application as provided in Section 36-2(2)” in 
Section 17-2(2) shall read “a Foreign Language Patent  Application as provided in Section 184-4(1)”; “the 
description, claims or drawings originally attached  to the request [in the case of a Foreign Document 
Application under Section 36-2(2), the translation of the foreign documents as provided in Section 36-2(2) that 
is deemed to be the description, claims and drawings under Section 36-2(4) (in the case where the amendment to 
the description,claims or drawing has been made through the submission of the statement of correction of incorrect translation, the said transl ations or the amended description, claim or drawings]” in Section 17-2(3) 
shall read “a translation as provided  in Section 184-4(1) of the description or drawings (limited to the 
descriptive text in the drawings) of an Internationa l Patent Application as provided in Section 184-3(2)  IP/N/1/JPN/P/8 
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(hereinafter referred to as an “International Patent Appli cation” in this subsection) as of the international filing 
date as provided in Section 184-4(1 ) (hereinafter referred to as the “International Filing Date” in this 
subsection), a translation as provided in Section 184-4(1) of the claims of an International Patent Application as 
of the International Filing Date  (in the case where a tran slation of the claim(s) amended under Article 19(1) of 
the Patent Cooperation Treaty signed in Washington on June 19, 1970 has been submitted under Section 184-4(2) or (4), the said translation)or drawings (excluding the descriptive text in the drawings) of an International 
Patent Application as of the International Filing Date (her einafter referred to as the “Translations, etc.” in this 
subsection) (in the case where an amendm ent to the description, 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, claims or drawings)”.   
(3)  Notwithstanding Section 17-3, an applicant of an International Patent Application may amend the abstract 
attached to the request only within one year and three months from the priority date (in the case of a Foreign 
Language Patent Application, a translation of which has been submitted under Section 184-4(1), where such 
application 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 Internatio nal Publication has been 
effected, excluding the time after the request for an examination of the application has been filed). 
 
184-13.  Special provision co ncerning patentability 
 
For the purpose of the application of Section 29-2, in the case where another patent application or a utility 
model registration application as provided in Section 29-2 is an International Patent Application or an International Utility Model Registration Application under Section 48-3(2) of the Utility Model Law, "another 
patent application or a utility model registration application " under Section 29-2 of this Law shall read "another 
patent application or utility model registration applica tion (excluding a Foreign Language Patent Application 
under Section 184-4(1) or a foreign language utility mode l registration application under Section 48-4(1) of the 
Utility Model Law which has been deemed to have been withdrawn in accordance with Section 184-4(3) of this 
Law or Section 48-4(3) of the Utility Model Law)," "the publication of the patent application or" shall read 
"publication of the patent application," "published" sh all read "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 description, scope of claims or drawings origina lly attached to the request" shall read "the description, 
scope of claims, or drawings of an international application as of the International Filing Date under 
Section 184-4(1)of this Law or Sectio n 48quarter(1) of the Utility Model Law." 
 
184-14.  Special provision concernin g exception to lack of  novelty of invention 
 
Notwithstanding Section 30(4), an applicant of an Intern ational Patent Application who requests the application 
of Section 30(1) or 30(3) 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 an 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 Section 29(1) has become applicable is an invention to which Section 30(1) 
or 30(3) may be applicable.  
184-15.  Special provisions concerning priority claim based on a patent  application, etc. 
 
(1)  Sections 41(4) and 42(2) shall not apply to an International Patent Application. 
 
(2)  For the purpose of application of Section 41(3) to an Japanese Language Patent Application, “or the 
publication of the patent application”  in the said Section shall read “or the international publication under 
Article 21 of the Patent Cooperation Treaty signed in Washington on June 19, 1970.”  
(3)  For the purpose of the application of Section 41(3) for a Foreign Language Patent Application, "the 
description, scope of claims or drawings originally attach ed to the request in a patent application" in the said 
Section shall read "the description, scope of claims or  drawings of an international application as of the 
international filing date under Section 184-4(1)," and "or the publication of the application" shall read "or the 
international publication under Article 21 of the Patent Cooperation Treaty done in Washington on June 19, 1970." 
 IP/N/1/JPN/P/8 
Page 62  
 
 
(4)  For the purpose of application of Sections 41(1) to (3) and 42(1), in the case where the earlier application 
under Section 41(1) of this Law is an International Patent Application or an international utility model 
registration application under Section 48ter(2) of the Utility Model Law, "the description, claims for a patent or 
utility model registration and drawings … originally attached to the request " in Sections 41(1) and (2) shall read "the description, scope of claims or drawings … of an in ternational application as of the international filing date 
under Section 184-4(1) of this Law or  Section 48quarter(1) of the Utility Model Law,"; "the description, claims 
for patent or utility model registration and drawings … originally attached to the request in the Earlier 
Application " in Section 41(3) shall read "the description, scope of claims or drawings … of an international 
application of the Earlier Application as of the Interna tional Filing Date under Section 184quarter(1) of this Law 
or Section 48quarter(1) of the Utility Model Law,"; "the publication of the patent application … relating to" in Section 41(3) shall read "the international publication under Article 21 of the Patent Cooperation Treaty signed 
in Washington on June 19, 1970 … relating to,"; and "when one year and three months from the filing date has 
lapsed" in Section 42(1) shall read "at the later of the time of the National Processing Standard Time under Section 184-4 (4) of this Law or Section 48quarter(4) of  the Utility Model Law or the time when one year and 
three months has lapsed from the International F iling Date under Section 184-4 (1) of this Law or 
Section 48quarter (1) of the Utility Model Law".   
 
184-16.  Special provision con cerning conversion of application 
 
An international application that has been deemed to be an application for utility model registration under 
Section 48ter(1) or 48sedecies(4) of the Utility Model Law may be converted to a patent application, only after 
the fees payable under Section 54(2) of the said Law have been paid (or, in the case of an international 
application that is deemed to be a utility model registration application under Section 48sedecies(4) of the said 
Law, after the ruling as provided in Section 48sedecies(4 ) has been rendered), and, in the case of a Japanese 
Language Utility Model Registration Application under Sec tion 48quinquies(4) of the said Law, the procedures 
under Section 48quinquies(1) of the said Law has been completed, or, in the case of a Foreign Language Utility 
Model Registration Application under 48quarter(1) of the said Law, the procedures under Section 48quarter(1) and 48quinquies(1) of the said law have been completed .  
 
184-17.  Restriction on the time for request for examination of application 
 
An applicant of an International Patent Application may not request an examination of the International Patent 
Application unless the procedure under Section 184-5 in the case of a Japanese Language Patent Application or the procedures under Sections 184-4(1) and 184-5(1) in the case of a Foreign Language Patent Application have 
been taken and the fee payable under Section 195(2) has been paid. Any person who is not the applicant of the 
International Patent Application may not request an exam ination of the International Patent Application unless 
the Time Limit for the Submission of National Documents (in the case of a Foreign Language Patent 
Application under the proviso to Section 184-4(1), the Special Time Limit for the Submission of Translation) 
has lapsed.  Or .....   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 Section 184-5 in the case of 
a Japanese Language Patent Application or the procedures  under Section 184-4(1) and 184-5(1) in the case of a 
Foreign Language Patent Application have been taken and the fee payable under Section 195(2) has been paid, 
and, for any person who is not the ap plicant of the International Patent Application, the Time Limit for the 
Submission of National Documents (in the case of a Foreign Language Patent Application under the proviso to Section 184-4(1), the Special Time Limit for the Submission of Translation) has lapsed. 
 
184-18.  Provisions for reasons for refusal, etc. 
 
For the purpose of an examiner's deci sion of refusal and a hearing for patent invalidation, with respect to a 
foreign language patent application, "foreign document application" in Sections 49(vi), and 123(1)(i) and (v) shall read "foreign language patent application referred to in Section 184-4(1)," and "foreign document" in 
Section 49(vi) and 123(1)(v) shall read  "the description,  claim(s) or drawing(s) of the international application 
as of the international filing date referred to in Section 184-4(1)."  
184-19.  Special provisions concerning correction 
 
For the purpose of the petition for correction under Sectio n 134-2(1) and the petition for a hearing for correction  
with respect to a foreign language patent application, "foreign document application" in Section 126(3) shall  IP/N/1/JPN/P/8 
 Page 63 
 
 
read "foreign language patent application referred to in Section 184-4(1)" and "foreign document" shall read 
"the description, claim(s) or drawing(s) of the internatio nal application as of the international filing date referred 
to in Section 184-4(1)."  
 
184-20.  International appl ication deemed to be patent application by decision 
 
(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 Artic le 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) under Article 2(vii) of the Treaty which specifies Japan 
as a designated State under Article 4(1) (ii) of the Treaty, the applicant of the international application may make 
a request to the effect that the Co mmissioner of the Patent Office shall render a decision under Article 25(2)(a) 
of the Treaty in accordan ce with an ordinance of the Ministry of Ec onomy, Trade an d Industry within the time 
limit prescribed in the ordinance of the Mi nistry of Economy, Trade and Industry.  
 
(2) A person making a request under the preceding subsecti on with regard to an international application in a 
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 an ordinance of the Ministry of 
Economy, Trade and Industry, including the Description, Claims, Drawings (limited to the explanations in the 
Drawings), and Abstract .  
 
(3) Upon receiving the request under Subsection (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 Regulations under the Patent Cooperation Treaty. 
 (4) Where the Commissioner of the Patent Office has rendered a ruling under the preceding subsection to the 
effect that the refusal, declaration or finding under the said subsection was not justified under the provisions of 
the Treaty and the Regulations under th e 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 filing da te if no such refusal, declaratio n or finding had been made for the 
international application.  
 
(5) For the purpose of publication of an international application that is deemed to be a patent application under the preceding subsection, "the date of th e filing of a patent application" in S ection 64(1) shall read "the Priority 
Date under Section 184-4(1)", the "Foreign Language Document Application" and the "Foreign Language 
Document and the Foreign Language Abstract" "in Section 64(2)(vi) shall read "international application in a foreign language" and "Description, Cl aim, Drawing and Abstract of an in ternational application filed on the 
day to be accorded as the International Filin g Date under Section 184-20(4)"respectively. 
 (6) Section 184-3(2), 184-6(1) and (2), 184-9(6), 184-12 to 184-14, 184-15(1), (3) and (4), 184-17 to 184-19 
shall apply mutatis mutandis to an international application that is deemed to be a patent application under 
Subsection (4).  In such a case, the replacement of term s necessary for the application of the said provisions 
shall be made as prescribed by Cabinet Order.” 
 
Chapter X Miscellaneous Provisions  
 
185. Special provisions for patent or patent right covering two or more claims 
 
Relating to the patent or patent rights covering two or more claims, for the purposes of the provisions of 
Section 27(1)(i) or Section 65(4) (including its appli cation under Section 184-10(2)), 80(1), 97(1), 98(1)(i), 
111(1)(ii), Section 123(3), 125, 126(6) (including its  application under Section 134-2(5)), Section 132(1) 
(including its application under Section 174(2)) or Section 175, 176 or 193(2)(iv) of this Law, or of 
Section 20(1) of the Utility Model Law, the patent shall be deemed to have been granted, or the patent right shall be deemed to ex ist, for each claim. 
 
186.  Petition for certificate, etc. 
 
(1)  Any person may file a petition with regard to pate nts to the Commissioner of the Patent Office to issue a 
certificate, a certified copy of documents or an extract of documents, to allow the inspection or copying of IP/N/1/JPN/P/8 
Page 64  
 
documents, or to issue documents stored on the magnetic tapes that constitute the part of the Patent Register.  
Notwithstanding the foregoing, if  the Commissioner of the Patent Office considers it necessary to keep such documents confidential, this pr ovision shall not apply in the case of the following documents: 
 
(i)   a request, or the description, claims or drawings  attached to a request, an abstract, a Foreign Language 
Document, a Foreign Language Abstract or any document relating to the examination of a patent application 
(except where the establishment of a patent right has been registered or where the publication of a patent 
application has been effected) or the materials under Section 67-2(2);  
 
(ii) documents concerning a hearing against an examiner’s decision of refusal (except where the establishment of the patent right has been registered or where the patent application concerned has been published); 
 
(iii) documents concerning a hearing for patent invalidat ion, a hearing for invalidation of the registration of 
extension of the term or a rehearing of the final and conclusive hearing decision, with respect to which a party in 
the case or intervener has given notice that a trade secret owned by the said  party in the case or intervener has 
been described (trade secret as  provided in Section 2(4) of the Unfair Competition Prevention Act (Law 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 petition under the principal sentence of the 
preceeding subsection with regard to the documents as provid ed in Paragraphs (i) to (i v) of the said subsection, 
the Commissioner of the Patent Office shall notify the person who submitted the said documents thereof and reasons therefor.  
 
(3)  Provisions of the Law Concerning Access to Information Held by Administrative Organs (Law No.42 of 
1999) shall not apply to the documents concerning patents and the part of the Patent Register stored on magnetic 
tapes.    
(4)  Provisions in Chapter 4 of the Law Concerning Protection of Personal Information Possessed by 
Administrative Organs (Law No.58 of 2003) shall not apply to the possessed personal information   (refers to 
the possessed personal information as provided in Article  2(3) of the said Law) recorded in the documents 
concerning patents and the part of the Patent Register stored on magnetic tapes. 
 
187.  Mark of Patent 
 
(1)  A patentee, exclusive licensee or non-exclusive li censee shall make efforts to place a mark (hereinafter 
referred to as a “mark of patent”) as provided by an 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 a patented product or process.   
188.  Prohibition of false marking 
 
It shall be prohibited for a person to do the following acts: 
 
(i)   putting a mark of patent or a mark confusing therewith on or in a non-patented product or the packaging 
thereof; 
 (ii) assigning, etc. or displaying for the purpose of assignment, etc. a non-patented product or the packaging 
thereof on or in which a mark of a patent or a mark confusing therewith is put; 
 (iii) giving in an advertisement an indi cation to the effect that a non-patented product is related to a patent or an 
indication confusing therewith for the purpose of having the product manufactured 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, assigned or leased the process.  IP/N/1/JPN/P/8 
 Page 65 
 
 
 
189.  Service 
 
Documents to be served shall be as provided in this Law and by ordinance of the Ministry of Economy, Trade 
and Industry.  
190. 
 
(1)  Sections 98(2), 99 to 103, 105, 106, 107(1) (excludi ng Paragraphs (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 Law or 
the ordinance of the Ministry of Economy, Trade and Industry under the preceding section.  In such a case, “a 
court clerk” in Sections 98(2) and 100 of the Code of Ci vil Procedure shall read “an official designated by the 
Commissioner of the Patent Office or a hearing clerk”, “post or bailiff" in Section 99(1) of the said Law shall read “post”, “where … the court clerk”  in Section 107(1) of the said Law shall read “where … and where 
documents concerning the examination are to be served, an official  designated by the Commissioner of the 
Patent Office or a hearing clerk" and "Supreme Court Rules" in Section 107(1) of the said Law shall read “an ordinance of the Ministry of Economy, Trade and Industry" respectively. 
 
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 Section 107(1) (excluding Paragraphs (ii) and (iii)) of the Code of Civil Procedure as applied mutatis mutandis under Section 190 of this 
Law, service may be effected by public notification. 
 (2) Service by public notification shall be effected by publishing in the Official Gazette and the Patent Gazette 
and posting on the noticeboard of the Patent Office a notification stating the fact that documents to be served are 
ready to be served at any time to the person who is to be served. 
 
(3) Service by public notification shall take effect following the duration of 20 days from the day the notification is published in the Gazette. 
 
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 registered mail or service of mail under Section 2(2) of the Law concerning Service of Mail by 
Private Business Operator (Law No.99 of 2002) by air provided by a general mail delivery service operator under Section 2(6) of the said Law or by a special mail delivery service operator under Section 2(9) of the said 
Law that is equivalent to registered mail by ordinance of the Ministry of Economy, Trade and Industry, 
hereinafter the same in Subsection (3)).  
(3) Where documents are dispatched by  registered mail, etc., under the preceding subsection, the documents 
shall be deemed to have been served at the time of dispatch.  
193.  Patent Gazette 
 
(1)  The Patent Office shall publish the Patent Gazette (Tokkyo Koho).  
 (2)  In addition to the matters provided for in this Law, the Patent Gazette shall contain: 
 
(i)   the examiner’s decision to the e ffect that an application is to be refused, or the abandonment, withdrawal or 
dismissal of a patent application after the publication of the patent application, or the withdrawal of an 
application for the registration of an extension of the term of a patent right; 
 (ii) successions to the right to obtain a patent after the publication of a patent application; 
 IP/N/1/JPN/P/8 
Page 66  
 
 
(iii) amendments of the description, claims or drawings  attached to a request unde r Section 17-2(1) after the 
publication of a patent application (in the case of an amendment under any of the paragraphs in the proviso to 
the said subsection, 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 term and under 
Section 112(4) or 112(5)) or the restoration thereof (limited to restoration under Section 112-2(2));  
(v) filings for a petition for hearings or  rehearings, or withdrawals thereof; 
 (vi) final and conclusive hearing decisions or rehearing decisions (limited to patent applications in which the 
establishment of a patent right has been registered or which have been published); 
 (vii) matters stated in the corrected description and cl aims and the contents of drawings (limited to those 
corrected following a final and conclusi ve hearing decision to the effect th at the correction was to be made); 
 
(viii) petitions for a ruling , the withdrawal thereof or a Commissioner’s decision; and 
 (ix) final and conclusive judgments in an action under Section 178(1) (limited to cases where the establishment 
of a patent right has been registered or the publication of the patent application has been effected). 
 
194.  Submission of documents, etc. 
 
(1)  The Commissioner of the Patent Office or the examin er may request a party in a case to submit documents 
or other materials necessary for a procedure other than one relating to a hearing or a rehearing. 
 
(2)  The Commissioner of the Patent Office or the ex aminer may commission related administrative agencies, 
educational institutions or any other organizations to conduct an investigation necessary for an examination. 
 
195.   Fees 
 
(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 petition for an extension of the term under Section 4, 5(1), 108(3), or a change of the date 
under Section 5(2); 
 
(ii) persons filing a petition for the re-i ssuance of the certificate of patent; 
 
(iii) persons notifying of succession under Section 34(4); 
 (iv) persons filing a petition for the issuance  of a certificate under Section 186(1); 
 
(v) persons filing a petition for the issuan ce of a certified copy of documents or an extract of documents under 
Section 186(1); 
 
(vi) persons filing a petition to allow the inspection or copying of documents under Section 186(1); and  
(vii) persons filing a petition for the issuance of documents whose contents are stored on the magnetic tapes that 
constitute the part of the Patent Register under section 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 preceding subsection, where, after a request for the examination of an 
application has been filed by a person who is not the applicant of the patent, the number of claims is increased 
due to the amendment of the claims att ached to the request in the said patent application, the fees for the request 
for the examination of the patent application payable under the preceding subsection regarding the increased  IP/N/1/JPN/P/8 
 Page 67 
 
 
claims shall be paid by the applicant of the patent.    
 (4)  The three preceding subsections shall not apply wh ere the person to pay the fee in accordance with these 
subsections 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 resp ective shares of said right has been agreed, notwithstanding the provisions 
of Subsection (1) or (2), the fees payable thereunder (limited to those prescribed by Cabinet Order excluding the 
fees for the petition for an examination) shall be determin ed as the sum of the prescribed 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 obta in a patent with person(s)including a person entitled to 
receive a reduction of the fees for the petition for an examination or exem ption therefrom under the following 
section or provisions of any other laws and ordinances (hereinafter in this subsection referred to as a 
“Reduction/Exemption”), and the portion of their re spective shares of said right has been agreed, 
notwithstanding the provisions of Subsection (2), the fe es for the petition for an examination payable by such 
person for their right to obtain a patent thereunder shall be determined as the sum of the amounts calculated for 
each person other than the State join tly owning the right, by multiplying th e applicable fees for the petition for 
an examination prescribed thereunder (in the case of a person who receives the reduction or exemption, the amount after said Reduction/Exemption) by the ratios of the share of each person other than the State, and the 
person(s)other than the State shall pay such sum. 
 (7)  Where the amount of the fees calculated under the two preceding subsections has a fractional figure of less 
than ten yen, said portion shall be discarded. 
 (8)  The payment of the fees under Subs ections (1) to (3) shall be made by patent revenue stamps as provided by 
an ordinance of the Ministry of Economy, Trade and Industry. Notwithstanding the foregoing, where so 
provided by an ordinance of the Ministry of Economy, Trade and Industry, a cash payment thereof shall be 
accepted. 
 (9)  After the petition for examination of an application, where said patent application has been abandoned or 
withdrawn, upon the petition of th e personwho paid the fees for the petition for examination under 
Subsection(2), such fees in the amount prescribed by the relevant Cabinet Order shall be refunded, provided that 
the certified copy of the examiner’s decision has not been served, and none of the following orders or 
notifications has been made. 
 (i)   an order under Section 39(7); 
 
(ii) notification under Section 48-7;  
(iii) notification under Section 50; and 
 (iv) service of a copy of the examin er’s decision under Section 52(2). 
 
(10)  No petition for a refund of fees under the preceding subsection may be f iled after six months from the date 
on which a patent application has been abandoned or withdrawn. 
 
(11)  Fees paid in excess or in error shall be refunded upon the petition of the person who made payment 
thereof.  
 (12)  No petition for a refund of the fees under the preceding subsection may be filed after one year from the 
date on which the payment thereof has been made.  
 
195-2.  Reduction of or exemption from fees for request for examination of application 
 
Where the Commissioner of the Patent Office recognizes th at a person meets the requirements of the Cabinet 
Order to be recognized as a person with insufficient funds, and that the person has difficulties paying the fees 
for a request for the examination of an application, the Commissioner of the Patent Office may, in accordance 
with the Cabinet Order, grant the person a reduction of  or exemption from the pa yment of the fees for the IP/N/1/JPN/P/8 
Page 68  
 
request for the examination of the person's own patent application payable under Section 195(2), where the 
Commissioner of the Patent Office recognizes that the person falls under any of the following paragraphs:  
(i)  the inventor of the invention or the inventor’s heir; and 
 (ii)  the employer, etc., who has succeeded to the right to obtain a patent from the employee, etc., where the 
invention is an invention by the employee, etc., under S ection 35(1) and where it is provided in advance in any 
stipulations including contract or empl oyment rules that  the employer, etc.  shall succeed to the right to obtain a 
patent. 
 
195-3.  Exclusion of application of Ad ministrative Procedures Act 
 
Chapters II and III of the Administrative Procedures Act (Law No.88 of 1993) shall not apply to dispositions or 
orders under this Law. 
 
195-4.  Restriction on appeals under Administrative Appeal Law 
 
No appeal shall be available under the Administrative Appeal Law from an examiner 's decision or a hearing 
decision, or a ruling to dismiss a petition for a hearing or rehearing, or from measures against which no appeal lies in accordance with this Law. 
 
Chapter XI Penal Provisions 
 
196.  Offence of infringement 
 
An infringer of a patent right or exclusive license shall be liable to imprisonment with labor for a term not 
exceeding five years or a fine not exceeding 5,000,000 yen. 
 
197.  Offence of fraud 
 
Any person who has obtained a patent, a registration of extension of the term of a patent right or a hearing 
decision by means of a fraudulent act  shall be liable to imprisonment with  labor for a term not exceeding three 
years or a fine not exceeding 3,000,000 yen.  
198.  Offence of false marking 
 
A person(s) who fails to comply with Section 188 sha ll be liable to imprisonment with labor for a term not 
exceeding three years or a fine  not exceeding 3,000,000yen. 
 
199.  Offense of perjury, etc. 
 
(1)  A witness, an expert witness or an interpreter who has taken an oath under this Law and made a false 
statement or given an expert opinion or interpretation to the court which entrusted the said person with the said 
task shall receive a sentence of impris onment with forced labor for a term be tween three month and ten years.    
 (2)  A witness, an expert witness or an interpreter who has taken an oath under this Law and made a false 
statement or given a false expert opinion or interpretatio n to the Patent  office or the court entrusted by the 
Patent office  shall receive a sentence of imprisonment w ith forced labor for a term of between three months and 
ten years.  
 
200.  Offence of leaking secrets 
 
A present or former official of the Patent Office who has leaked or appr opriated 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 liable to imprisonment with labor for a term not exceeding one year or a fine not 
exceeding 500,000 yen.    IP/N/1/JPN/P/8 
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200-2.  Offence of breach  of confidentiality order 
 
(1) A person who fails to comply with a confidentiality order shall be liable to imprisonment with labor for a 
term not exceeding five years or a fine not exceeding 5,000,000 yen or combination thereof . 
 
(2) The prosecution of the offence under the preceding subsection may not be initiated unless a complaint is 
filed.  
(3) The offence under Subsection (1) shall apply to a person who commits the offence outside Japan. 
 
201.  Dual liability 
 
(1) Where a representative of a legal-entity or an agent, employee or other staff of a legal entity, or an individual 
has  committed in the course of performing his/her duties for the legal entity or individual, any act in violation 
of the sections prescribed in the following paragraphs, in  addition to the offender, the legal entity shall be liable 
to a fine as provided in the corresponding paragraph and the individual shall be liable to a fine as provided in the 
section prescribed in the corresponding paragraph: 
 (i)   Section 196 or 200-2(1), a fine not exceeding 150 million yen; and 
 
(ii)  Section 197 or 198, a fine not exceeding 100 million yen.  
(2) In the case of the preceding subsectio n, the complaint under 200-2(2) agai nst the offender shall have effect 
on the legal entity or individual and the complaint against the legal entity or individual shall have effect on the offender. 
 
202.  Administrative penalties 
 
Where a person who has taken an oath under Section 207(1) of the Code of Civil Procedure as applied under 
Section 151 (including its application under Sections 71(3), and 174(1) to (3) of this Law) has made a false statement before the Patent Office or a court commissioned thereby, said person shall be liable to an 
administrative penalty not exceeding 100,000 yen. 
 
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 take an oath , make a statement, testify, give an expert opinion or 
interpret without a justifiable reason shall be liable to an administrative penalty not exceeding 100,000 yen.  
204. 
 
A person(s) who has been ordered by the Patent Office or a court commissioned thereb y 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 liable to a fine not exceeding 100,000 yen. 
 
 
Attached Table (In relation to Section 195) 
 
  Amounts  
1. A person filing a patent  application (excluding one in th e following paragraph) ¥16,000 per case  
2.  A person filing a foreign language  document application ¥26,000 per case 
3.  A person responsible for the proce dures under Section 184-5(1) ¥16,000 per case 
4.  A person responsible for the proce dures under Section 184-20(1) ¥16,000 per case  IP/N/1/JPN/P/8 
Page 70  
 
5.  A person filing an application for the re gistration of extension of the term of a 
patent right ¥74,000 per case  
6.  A person requesting an examinati on of an application ¥168,600 per case  
plus ¥4,000 per claim 
7.  A person amending a description, claims  or drawings through the submission of a 
statement of correction of incorrect translation ¥19,000 per case  
8.  A person requesting an advisory opi nion under Section 71(1) ¥40,000 per case  
9.  A person requesting a ruling ¥55,000 per case  
10.  A person requesting cancelin g of a ruling ¥27,500 per case  
11.  A person filing a petition for a hearing or rehearing (excluding one in the 
following paragraph) ¥49,500 per case  
plus ¥5,500 per claim  
12.  A person filing a petition for a hearing against an examiner’s decision of refusal 
of the registration of extension of the term of a patent right, a hearing for 
invalidation of the registration of extensi on of the term of a patent right, or a 
rehearing against the final and conclusive  judicial examiner’s decision in these 
hearings.  ¥55,000 per case  
13.  Person demanding correction of the sp ecification, claim(s) or drawing(s) 
(excluding cases where, by demanding such correction, the demand for a 
correction hearing is deem ed to have been withdrawn under Section 134-3(4)) ¥49,500 per case  
plus ¥5,500 per claim  
14.  A person requesting participation in a hearing or rehearing. ¥55,000 per case  
 
 
 
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