WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO  IP/N/1/JPN/P/6 
16 June 2006 
 (06-2922) 
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 updated text
1 of the Patent Law (Law No. 121 
of 13 April 1959, as last amended by Law No. 79 of 4 June 2004), as notified by Japan under 
Article 63.2 of the Agreement (see document IP/N/1/JPN/5). 
 
 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 actualisé
1 de la Loi sur les brevets (Loi n° 121 du 
13 avril 1959, modifiée en dernier lieu par la Loi n° 79 du 4 juin 2004), qui a été notifiée par le Japon au titre de l'article 63:2 de l'Accord  (voir le document IP/N/1/JPN/5). 
 
 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio  
 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA PROPIEDAD 
INTELECTUAL NOTIFICADOS EN VIRTUD DEL PÁRRAFO 2 
DEL ARTÍCULO 63 DEL ACUERDO 
 
JAPÓN 
 
 
 En el presente documento se reproduce el texto actualizado1 de la Ley de Patentes 
(Ley Nº 121, de 13 de abril de 1959, modificada la  última vez por la Ley Nº 79, de 4 de junio 
de 2004), que el Japón ha notificado en virtud de l párrafo 2 del artículo 63 del Acuerdo (véase el 
documento IP/N/1/JPN/5). 
                                                      
 1 In English only. The text in the original language is ava ilable for consultation by intere sted Delegations at the WTO 
Secretariat./En anglais seulement.  Les délé gations intéressées peuvent consulter le te xte dans sa langue d'origine, au Secréta riat de 
l'OMC./En inglés solamente.  Las delegacione s interesadas podrán consultar en la Secretar ía de la OMC el texto en su idioma ori ginal. 
 IP/N/1/JPN/P/6 
Page 2  
 
  Patent Law 
(Law No. 121 of April 13, 1959, as amended)
∗ 
 
— CONTENTS — 
 
Chapter I General Provisions (Sections 1 to  28)  ........................................  3 
Chapter II  Patents and Applicati ons for Patents (Sections 29 to 46 bis)  12 
Chapter III  The Examinatio n (Sections 47 to 63)..................................  25 
Chapter III bis  Laying Open of Applicati ons (Sections 64  to 65)...............  28 
Chapter IV  The Patent Right 
Part 1  The Patent Right (Sections 66 to  99) ..............................  30 
Part 2  Infringement (Sec tions 100 to 106) .................................  41 
Part 3  Annual Fees (Sections 107 to 112 ter) ..............................  46 
Chapter V  Deleted 
Chapter VI  Trial (Sec tions 121 to  170) .................................................  52 
Chapter VII  Retrial (S ections 171 to  177) .............................................  68 
Chapter VIII  Litigation (Sections 178 to 184 bis) ....................................  71 
Chapter IX  Special Provisions Concer ning International Applications  
  under the Patent Cooperation Treaty   
  (Sections 184 ter to 184 vicies )  ...........................................  74 
Chapter X  Miscellaneous Pr ovisions (Sections 185 to 195 quater ) ......  84 
Chapter XI  Penal Provisions (Sections 196 to  204)  .............................  90 
Supplementary Pr ovisions ..........................................................................  91 
Attached Table ............................................................................................  99 
                                                      
∗ By Law No. 140 of 1962, Law No. 161 of 1962, Law No. 148 of 1964 , Law No. 81 of 1965, Law No. 98 of 1966, Law No. 111 of 1966,  Law No. 91 of 
1970, Law No. 42 of 1971, Law No. 96 of 1971, Law No. 10 of 1973 , Law No. 46 of 1975, Law No. 27 of 1978, Law No. 30 of 1978, L aw No. 45 of 1981, Law 
No. 83 of 1982, Law No. 78 of 1983, Law No. 23 of 1984, Law No. 24 of 1984, Law No. 41 of 1985, Law No. 27 of 1987, Law No. 91 of 1988, Law No. 30 of 
1990, Law No. 26 of 1993, Law No. 89 of 1993, Law No. 116 of 1994,  Law No. 68 of 1996, Law No. 51 of 1998, Law No. 41 of 1999, Law No. 43 of 1999, 
Law No. 151 of 1999, Law No. 160 of  1999, Law No. 220 of 1999, Law No . 24 of 2002, Law No . 47 of 2003, Law No . 61 of 2003, Law No. 79 of 2004. 
[ENTRY INTO FORCE:  April 1, 2005] 
  IP/N/1/JPN/P/6 
 Page 3 
 
 
  Patent Law 
 
Chapter I — General Provisions 
 
(Purpose) 
1. — The purpose of this Law shall be to encourag e inventions by promoting their protection and 
utilization so as to contribute to the development of industry. 
 
(Definitions) 
2. — (1) “Invention” in this Law means the highly advanced creation of technical ideas by which a 
law of nature is utilized. 
(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 (incl uding a program, etc. – hereinafter referred to as 
“product”), acts of manufacturing, using, assigning, etc. (meaning assigning and leasing; and including, where the product is a program, etc., its providing through electric telecommunication lines), or importing or offering for assignment, et c. (including displaying for the purpose of 
assignment, etc. — hereinafter referred to as “assignment, etc.”) of, the product; 
(ii)  in the case of an invention of a process, acts of using the process; (iii)  in the case of an invention of a process of manufacturing a product, acts of using, assigning, 
etc., or importing or offering for assignment, etc. of, the product manufactured by the process, in addition to the acts mentioned in the preceding paragraph. 
(4)  “Programs, etc.” in this Law mean programs (a  set or sets of instructions to a computer which 
are combined so as to produce a result – hereinafter referred to as “programs, etc.” in this subsection) 
and other information equivalent to progr ams to be used for computer processing. 
 
(Computation of time limits) 
3. — (1) Time limits fixed in this Law or an orde r or ordinance under this Law shall be computed 
according to the following provisions: 
(i)  the first day of the period shall not be incl uded.  However, this provision shall not apply when 
the period begins from 00.00 a.m.; 
(ii)  when the period is expressed in months or y ears, it shall be counted according to the calendar.  
When the period is not computed from the beginning  of a month or year, it shall expire on the day 
preceding the day of the last month or year corresponding to the day on which the computation begins.  However, where there is no corresponding day in  the last month, it shall expire on the last day 
of that month. 
(2)  Where the last day of a period prescribed for the filing of a patent application or demand or 
for any other procedure relating to a patent (herei nafter referred to as “procedure”) falls on a Sunday, 
a holiday referred to in each of the paragraphs of Section 1(1) of the Law concerning holidays of 
administrative organizations (Law No. 91 of 1988), the last day of the period shall be the day following such holiday or holidays. 
 
(Extension, etc. of time limits) 
4. — The Commissioner of the Patent Office may, for the benefit of a person residing in a place 
that is remote or difficult of access, extend upon request or ex officio the period prescribed in Section 46bis(46-2)(1)(iii), 108(1), 121(1) or 173(1). 
5. — (1) The Commissioner of the Patent Office, the trial examiner-in-chief or the examiner may, 
where he has designated a time limit for a procedur e to be initiated under this Law, extend the time 
limit upon request or ex officio. 
(2)  The trial examiner-in-chief may, where he ha s designated a date under this Law, change the 
date upon request or ex officio. 
 
(Capacity of associations, etc. which are no t legal entities to proceed before the Office) 
6. — (1) An association or foundation which is not a legal entity but for which an officer 
representing it or an administrator has been designated may, in its name: 
(i)   make a request for examination; (ii)  demand for a patent invalidation tria l or extended registration invalidation trial; 
(iii)  demand for retrial against a final and conc lusive trial decision with respect to a patent 
invalidation trial or extended registration inva lidation trial, in accordance with Section 171(1). 
(2)  An association or foundation which is not a legal entity but for which an officer representing 
it or an administrator has been designated may be made  a party in its name to a retrial against a final 
and conclusive trial decision with respect to a patent invalidation trial or extended registration 
invalidation trial. 
 IP/N/1/JPN/P/6 
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  (Capacity of minors or majors under guardiansh ip, etc. to proceed before the Office) 
7. — (1) Minors and majors placed under guardia nship may proceed before the Office only 
through their legal representatives.  However, th is provision shall not apply where a minor can 
perform a legal act independently. 
(2)  Where a person placed under curatorship pro ceeds before the Office, he shall obtain the 
consent of his curator. 
(3)  Where a legal representative proceeds before  the Office and there is a supervisor of the 
guardian, the former shall obtain the consent of the latter. 
(4)  Where a person placed under curatorship or a legal representative takes part in a procedure 
with regard to a trial or retrial demanded by an adverse party, the preceding two subsections shall not 
apply. 
 
(Patent administrator for residents abroad) 
8. — (1) A person who has neither his domicile nor resi dence (nor, in the case of a legal entity, its 
establishment) in Japan (hereinafter referred to  as a “resident abroad”) may not, except where 
prescribed by Cabinet Order, proceed before the O ffice or institute a suit against any measure taken 
by an administrative agency in acco rdance with this Law or an order or ordinance thereunder, except 
through his representative with respect to his pate nt who has his domicile or residence in Japan 
(hereinafter referred to as “patent administrator”). 
(2)  The patent administrator shall represent the pr incipal in all procedures and in a suit instituted 
against measures taken by an administrative agency  in accordance with this Law or an order or 
ordinance thereunder.  However, this provision shal l not apply where a resident abroad restricts the 
scope of power of attorney of his patent administrator. 
 
(Scope of powers of attorney) 
9. — A representative of a person who is domiciled or  a resident (or, in the case of a legal entity, 
establishment) in Japan and who is proceeding before the Office shall not, unless expressly so 
empowered, convert, abandon or withdraw a patent  application, withdraw an application for 
registration of an extension of the term of a patent  right, withdraw a demand, request or motion, make 
or withdraw a priority claim under Section 41(1), file a patent application based on a utility model 
registration under Section 46 bis(46-2)(1), make a request for laying open of an application, demand 
an appeal trial against examiner’s refusal, surrende r a patent right or appoint a sub-representative. 
 
(Proof of powers of attorney)  
10. — Deleted  
 
(Non-extinguishment of powers of attorney) 
11. — The power of attorney of a representative of  a person proceeding before the Office shall not 
become extinguished on the principal’s death or on  merger in the case of a legal entity, or on the 
termination of the duty of trust, where a truste e is the principal, or on the death of a legal 
representative or on the modification or extinguishment of his power of attorney. 
 
(Independent representation) 
12. — Where a person proceeding before the Office has two or more representatives, each of them 
shall represent the principal. 
 
(Replacement of representatives, etc.) 
13. — (1) The Commissioner of the Patent Office or the trial examiner-in-chief may, if he 
considers a person proceeding before the Office to be incompetent, order a representative to act. 
(2)  The Commissioner of the Patent Office or the trial examiner-in-chief may, if he considers the 
representative of a person proceeding before the Offi ce to be incompetent, order him to be replaced. 
(3)  In the case of the preceding two subsections , the Commissioner of the Patent Office or the 
trial examiner-in-chief may order that a patent attorney be the representative. 
(4)  The Commissioner of the Patent Office or the trial examiner-in-chief may dismiss any action 
taken before the Office by a person or representative referred to respectively in subsection (1) or (2) 
after the issuance of an order under subsection (1) or (2). 
 
(Mutual representation of parties) 
14. — Where two or more persons are jointly proceed ing before the Office, each of them shall 
represent the other or others with respect to a pr ocedure other than the conversion, abandonment and 
withdrawal of a patent application, the withdrawal of  an application for registration of an extension of 
the term of a patent right, the withdrawal of a de mand, request, or motion, the making and withdrawal 
of a priority claim under Section 41(1), the making of  a request for laying open of an application, and  IP/N/1/JPN/P/6 
 Page 5 
 
 
  the demand for an appeal trial against examiner’s refusal.  However, this provision shall not apply 
where they have appointed a representative for bot h or all of them and have notified the Office 
accordingly. 
 
(Venue of court for residents abroad) 
15. — With respect to a patent right or other right relating to a patent of a resident abroad, the 
domicile or residence of his patent administrator or , where there is no such ad ministrator, the location 
of the Patent Office shall be the place of the pr operty under Section 5(iv) of the Code of Civil 
Procedure (Law No. 109 of 1996). 
 
(Ratification of acts of persons lacking capacity) 
16. — (1) The acts of a minor (other than one who has independent capacity to perform legal acts) 
or of a major placed under guardianship may be ratifie d by his legal representative (or by the principal 
when he has gained capacity to  proceed before the Office). 
(2)  The acts of a person who has no power of atto rney may be ratified by the principal when he 
has capacity to proceed before the O ffice or by his legal representative. 
(3)  The acts of a person placed under curatorshi p taken without his curator’s consent may be 
ratified by such person with his curator’s consent. 
(4)  The acts of a legal representative taken without  consent of a supervisor of the guardian, where 
there is such a supervisor, may be ratified by the legal representative when he has obtained the 
supervisor’s consent or by the principal when he has gained capacity to pr oceed before the Office. 
 
(Amendment of proceedings) 
17. — (1) A person who is proceeding before the Office may make amendments only during the 
pendency of the case before the Office.   However, subject to Sections 17 bis(17-2) to 17 quater (17-4), 
he may not amend the description, patent claim(s), dr awing(s) or abstract attached to the request as 
well as the corrected description, patent claim( s), drawing(s) attached to the written demand for 
correction under Section 134 bis(134-2)(1) or demand for a correction trial. 
(2)  Notwithstanding the principal sentence of sub section (1), an applicant of a foreign language 
file application referred to in Section 36 bis(36-2)(2) may not amend the foreign language file and 
foreign language abstract referred to in Section 36 bis(36-2)(1). 
(3)  The Commissioner of the Patent Office may invite amendment, designating an adequate time 
limit, in the following cases: 
(i)   when the requirements of Section 7(1) to (3) or 9 have not been complied with; 
(ii)  when the formal requirements specified in this Law or in an order or ordinance thereunder 
have not been complied with; 
(iii)  when the fees due to be paid under Section 19 5(1) to (3) have not been paid with respect to a 
procedure. 
(4)  Subject to Section 17 bis(17-2)(2), any amendment under the principal sentence of 
subsection (1) of this Section (except in the case of the payment of fees) shall be submitted in writing. 
 
(Amendment of description, patent claim(s) or drawing(s) attached to request) 
17bis(17-2).  — (1) An applicant for patent may, be fore the transmittal of the copy of an 
examiner’s decision that a patent is to be granted, amend the description, patent claim(s) or drawing(s) 
attached to the request.  However, after the receipt of the notification under Section 50, the 
amendment may be made only in the following cases: 
(i)   where the applicant has received a first no tification (referred to in this Section as “the 
notification of reasons for refusal”) under Secti on 50 [including its appli cation under Section 159(2) 
(including its application under Section 174(1)) and under Section 163(2) (hereinafter referred to in 
this paragraph as “Section 50”)] and amendment is made within the time limit designated in 
accordance with Section 50; 
(ii)  where, after receipt of a notification of reasons for refusal, the applicant has received a 
notification under Section 48(7) and amendment is  made within the tim e limit designated in 
accordance with that Section; 
(iii)  where, after receipt of the first notificati on of reasons for refusal, the applicant has further 
received the notification of reasons for refusal and amendment is made, in respect of the final notification of reasons for refusal, within the tim e limit designated in accordance with Section 50. 
(iv)  where the applicant demands an appeal tr ial against examiner’s refusal and amendment is 
made within 30 days of such demand. 
(2)  Where the applicant filing in forei gn language an applica tion under Section 36 bis(36-2)(2) 
amends the description, patent claim(s) or draw ing(s) under subsection (1) for the object of the 
correction of an incorrect translation, he shall s ubmit a written correction of an incorrect translation 
stating the grounds thereof. 
(3)  An amendment of the description, patent claim(s) or drawing(s) under subsection (1) shall, 
except in the case of submission of the written correction of an incorrect translation, remain within the 
scope of the features disclosed in the description, pa tent claim(s) or drawing(s) originally attached to 
the request [in the case of filing an app lication in foreign language under Section 36 bis(36-2)(2), the IP/N/1/JPN/P/6 
Page 6  
 
  translation of the foreign language file referred to in the said subsec tion (2) is considered to be the 
description, patent claim(s) or drawing(s) by vi rtue of the said Section (4) (in the case where the 
applicant amended the description, patent claim( s) or drawing(s) by submitting of the written 
correction of an incorrect translation, the said tr anslation, the description, patent claim(s) or 
drawing(s) as amended)]. 
(4)  Subject to the preceding subsection, in the case of subsection (1)(iii) and (iv) of this Section, 
the amendment to the patent claim(s) shall be limited to the following: 
(i)   the cancellation of the claim(s) referred to in Section 36(5); (ii)  the restriction of the claim(s) (only the restriction of all or some of the matters necessary to 
define the invention claimed in the claim(s) unde r Section 36(5) and the industrial applicability and 
the problem to be solved of the invention claimed in  the amended claim(s) are the same as those of the 
invention claimed in the claim(s) prior to the amendment); 
(iii)  the correction of errors in the description; (iv)  the clarification of an ambiguous description (only the amendment with respect to the matters 
mentioned in the reasons for the refusal concerned in  the notification of the reasons for the refusal). 
(5)  Section 126(5) shall apply mutatis mutandis to the case of the preceding subsection (ii).  
(Amendment of abstract) 
17ter(17-3). — An applicant for patent may amend the abst ract attached to the request within one 
year and three months from the filing date of his patent application (excluding the period after a 
request made for laying open of an application) [o r - in the case of a patent application containing a 
priority claim under Section 41(1) — the filing date of the earlier application referred to in Section 
41(1), - in the case of a patent application cont aining a priority claim under Section 43(1) or 43 bis(43-
2)(1) or (2) - the filing date of the first applica tion or the application considered to be the first 
application in accordance with Article 4C(4) of the Paris Convention (meaning the Paris Convention 
for the Protection of Industrial Property of Marc h 20, 1883, as revised at Brussels on December 14, 
1900, at Washington on June 2, 1911, at Hague on November 6, 1925, at London on June 2, 1934, at Lisbon on October 31, 1958, and at Stockholm on July  14, 1967 — hereinafter referred to as “Paris 
Convention”) or of an application recognized as th e first application in accordance with 4A(2) of the 
Paris Convention; and in the case of a patent application containing two or more priority claims under 41(1), 43(1) or 43 bis(43-2)(1) or (2), from the earliest date amongst the fili ng dates of the applications 
whose priorities are so claimed — the same meaning as Section 64(1)]. 
 
(Amendment of corrected description, patent claim(s) or drawing(s) 
17quater (17-4). — (1) A defendant for a patent invalid ation trial may amend the corrected 
description, patent claim(s) or drawing(s) attached to the written demand for a correction under Section 134 bis(1), only within the time limit designated in accordance with Section 134(1) or (2), 
134bis(3), 134 ter(1) or (2) or 153(2). 
(2)  The demandant of a correction trial may amend the corrected description, patent claim(s) or 
drawing(s) attached to the written demand for a co rrection trial, only before  he is notified under 
Section 156(1) (in the case where the trial has been  reopened under Section 15 6(2), before he is 
notified again under Section 156(1)). 
 
(Dismissal of procedure) 
18. — (1) The Commissioner of the Patent Office may dismiss a procedure when a person whom 
he has invited to make amendment in accordance w ith Section 17(3) fails to do so within the time 
limit designated in accordance with that subsection or when a person who is to obtain registration of 
the establishment of a patent right fails to pay the annual fees within the time limit fixed in Section 108(1). 
(2)  The Commissioner of the Patent Office may di smiss an application for patent where he has 
invited the applicant, in accordance with Section 17(3), to pay the fee unde r Section 195(3) and the 
applicant fails to do so within the time limit designated in accordance with Section 17(3). 
 
(Dismissal of an irregular procedure) 
18bis(18-2).  — (1) The Commissioner of the Patent Office shall dismiss an irregular procedure 
which cannot be amended. 
(2)  Where the Commissioner of the Patent Office intends to dismiss a procedure under the 
preceding subsection, he shall notify the person w ho is proceeding of the reasons for dismissal 
designating an adequate time limit and give him an  opportunity to submit a statement describing an 
explanation (hereinafter referred to as “explanatory statement”). 
 
(Time of submission of request, etc.) 
19. — Where a request, document or any other matte r to be submitted to the Patent Office in 
accordance with this Law, or an order or ordinance thereunder, within a specified time limit is sent by 
mail, the request, document or matter shall be deemed  to have reached the Office at the date and time 
when it was handed in to a post office, if such date  and time are proved by the receipt of the mail, or  IP/N/1/JPN/P/6 
 Page 7 
 
 
  at the date and time on the postmark if they are clearly indicated, or at 12.00 p.m. on the date 
indicated on the postmark if only the date is clear. 
 
(Succession to effects of procedure) 
20. — The effects of a procedure regarding a patent right or other right relating to a patent shall 
extend to a successor in title. 
 
(Continuation of procedure) 
21. — Where a patent right or other right relating to a patent is transferred while the case is 
pending in the Patent Office, the Commissioner of the Patent Office or the trial examiner-in-chief may 
continue the procedure concerned on behalf of the successor in title. 
 
(Interruption or suspension of procedure) 
22. — (1) The Commissioner of the Patent Office or th e trial examiner shall, in regard to a motion 
for the resumption of a procedure interrupted after th e transmittal of a ruling, an examiner’s decision 
or a trial decision, render a ruling as to whether the procedure may be resumed. 
(2)  Such a ruling shall be in writing and state the reasons therefor.  23. — (1) Where a person who is to resume the procedure for an examination, a trial or retrial 
which has been interrupted fails to do so, the Commi ssioner of the Patent Office or the trial examiner 
shall, upon a motion or ex officio, order such person to resume the procedure and designate an adequate time limit for this purpose. 
(2)  Where the procedure is not resumed within the time limit designated in accordance with the 
preceding subsection, the resumption may be deemed by the Commissioner of the Patent Office or the 
trial examiner to have commenced on th e date when the time limit expired. 
(3)  When the resumption is deemed to have  taken place, in accordance with the preceding 
subsection, the Commissioner of the Patent Office or the trial examiner-in-chief shall notify the 
parties accordingly. 
 24. — Sections 124 (excluding subsection (1)(vi)), 126, 127, 128(1), 130, 131 and 132(2) 
(interruption or suspension of litigation) of the C ode of Civil Procedure shall apply mutatis mutandis 
to a procedure with respect to an ex amination, a trial or retrial.  In such a case, a “process attorney” in 
Section 124(2), “court” in Section 127, “court” in Section 128(1) and 131, and “court” in Section 130 
of the said Code shall read, respectively, “repr esentative entrusted with the examination, trial 
examination of an opposition to the patent and ruling thereon, a trial or retrial,” “Commissioner of the 
Patent Office or the trial examination-in-chief,”  “Commissioner of the Patent Office or the trial 
examiner,” and “Patent Office”. 
 
(Enjoyment of rights by aliens) 
25. — An alien who is neither domiciled nor a resi dent (nor established, in the case of a legal 
entity) in Japan shall not enjoy a patent right or ot her right relating to a patent, except in any one of 
the following cases: 
(i)   where his country allows Japanese nationals to enjoy patent rights or other rights relating to a 
patent under the same cond itions as its own nationals; 
(ii)  where his country allows Japanese nationals to enjoy patent rights or other rights relating to a 
patent under the same conditions as its own nationals provided that  Japan allows his country’s 
nationals to enjoy such rights; 
(iii)  where there are specific provisions in a treaty. 
 
(Effect of treaties) 
26. — Where there are specific provisions relating to  patents in a treaty, such provisions shall 
prevail. 
 
(Registration in Patent Register) 
27. — (1) The following matters shall be registered in the Patent Register kept in the Patent Office: 
(i)   the establishment, extension of the term, tr ansfer, extinguishment, restoration or restriction on 
disposal, of a patent right; 
(ii)  the establishment, maintenance, transfer, modification, extinguishment or restriction on 
disposal, of an exclusive or non-exclusive license; 
(iii)  the establishment, transfer, modification, ex tinguishment or restriction on disposal, of rights 
in a pledge upon a patent right or an exclusive or non-exclusive license. 
(2)  The Patent Register, either in whole or in  part, may be prepared by means of magnetic tapes 
(including other materials on which matters can be accurately recorded by an equivalent method — 
hereinafter referred to as “magnetic tapes”). IP/N/1/JPN/P/6 
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  (3)  Other matters relating to registration that ar e not provided for in this Law shall be prescribed 
by Cabinet Order. 
 
(Issuance of Certificate of Patent) 
28. — (1) When the establishment of a patent right h as been registered or when a trial decision to 
the effect that the description, patent claim(s) or dr awing(s) attached to the re quest are to be corrected 
has become final and conclusive and such decisi on has been registered, the Commissioner of the 
Patent Office shall issue the certificate of patent to the patentee. 
(2)  Re-issuance of the certificate of patent shall be prescribed by an ordinance of the Ministry of 
Economy, Trade and Industry. 
 
Chapter II — Patents and Applications for Patents 
 
(Patentability of inventions) 
29. — (1) Any person who has made an invention which is industrially applicable may obtain a 
patent therefor, except in the case of the following inventions: 
(i)   inventions which were publicly known in Japan  or elsewhere prior to the filing of the patent 
application; 
(ii)  inventions which were publicly worked in Jap an or elsewhere prior to the filing of the patent 
application; 
(iii)  inventions which were described in a distri buted publication or made available to the public 
through electric telecommunication lines in Japan or  elsewhere prior to the filing of the patent 
application. 
(2)  Where an invention could easily have been made , prior to the filing of the patent application, 
by a person with ordinary skill in the art to which the invention pertains, on the basis of an invention 
or inventions referred to in any of the paragraphs of subsection (1), a patent shall not be granted for 
such an invention notwithstanding subsection (1). 
 29bis(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 same person as the inventor of the invention 
claimed in the patent application) disclosed in th e description, claim(s) for patent or utility model 
registration or drawing(s) originally attached to th e request of another application for patent (in the 
case of a foreign language file app lication referred to in Section 36 bis(36-2)(2) of this Law, the 
foreign language file referred to in Section 36 bis(36-2)(1) of the said Law) or of an application for 
utility model registration which was filed prior to th e filing date of the patent application and for 
which the Patent Gazette which states the matter referr ed to in each paragraph of Section 66(3) of the 
said Law (hereinafter referred to as “the Gazette containing the Pa tent”) was published under the said 
subsection or the laying open for public inspecti on (Kôkai) was effected or the Utility Model Gazette 
which states the matter referred to in each paragra ph of Section 14(3) of U tility Model Law (No. 123 
of 1959) (hereinafter referred to as “the Gaze tte containing the Utility Model”) was published under 
the said subsection after the filing of the patent ap plication, a patent shall not be granted for the 
invention notwithstanding Section 29( 1).  However, this provision shall not apply where, at the time 
of filing of the patent application, the applicant of the patent application and the applicant of the other 
application for patent or the application for utility model registration are the same person. 
 
(Exceptions to lack of novelty of invention) 
30. — (1) In the case of an invention which has falle n under any of the paragraphs of Section 29(1) 
by reason of the fact that the person having the ri ght to obtain a patent has conducted an experiment, 
has made a presentation in a printed publicatio n, has made a presentation through electric 
telecommunication lines, or has made a presentation in  writing at a study meeting held by a scientific 
body designated by the Commissioner of the Patent O ffice, 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) to the 
invention claimed in the patent application which has been filed by such person within six months 
from the date on which the inventio n first fell under those paragraphs. 
(2)  In the case of an invention which has falle n 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 such person within six mont hs from the date on which the invention first fell 
under any of those paragraphs. 
(3)  In the case of an inventio n 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 by any lo cal public entity (hereinafter referred to as the 
“Government, etc.”) or at one which is not held by the Government, etc. but is designated by the 
Commissioner of the Patent Office, or at an interna tional exhibition held in the territory of a country 
party to the Paris Convention or of a Member of th e World Trade Organization by its government, etc. 
or by a person authorized thereby, or at an intern ational exhibition held in the territory of a country 
not party to the Paris Convention nor a member of  the World Trade Organization by its government, 
etc. or by a person authorized thereby wher e such exhibition has been designated by the  IP/N/1/JPN/P/6 
 Page 9 
 
 
  Commissioner of the Patent Office, subsection (1) shall also apply for the purposes of Section 29(1) 
and (2) to the invention claimed in the patent app lication which has been filed by such person within 
six months form the date on which the i nvention first fell under those paragraphs. 
(4)  Any person who desires the application of subsection (1) or the preceding subsection shall 
submit a written statement to that effect to the Commissioner of the Patent Office simultaneously with the patent application and within 30 days of the filing of the patent application, he shall also submit to 
the Commissioner of the Patent Office a document pr oving that the invention that has fallen under any 
of the paragraphs of Section 29(1) is the i nvention for which subsection (1) or the preceding 
subsection may be applicable. 
 31. — Deleted  
 
(Unpatentable inventions) 
32. — The inventions liable to contravene public orde r, morality or public health shall not be 
patented, notwithstanding Section 29. 
 
(Right to obtain patent) 
33. — (1) The right to obtain a patent may be transferred. 
(2)  The right to obtain a patent may not be the subject of a pledge. (3)  A joint owner of the right to obtain a pate nt may not assign his share without the consent of 
all the other joint owners. 
 34. — (1) The succession to the right to  obtain a patent before the f iling of the patent application 
shall not be effective against third persons unless th e successor in title files the patent application. 
(2)  Where two or more applications for patent are filed on the same date, on the basis of the same 
right to obtain a patent that has been derive d by succession from the same person, the succession by 
any person other than the one agreed upon by the pate nt applicants shall not be effective against third 
persons. 
(3)  The preceding subsection shall also apply where a patent application and a utility model 
application are filed on the same date, on the basi s of a right to obtain a patent and utility model 
registration for the same invention and device whic h has been derived by succession from the same 
person. 
(4)  The succession to the right to obtain a patent af ter the filing of the patent application shall not 
take effect unless the Commissioner of the Patent O ffice is notified accordingly, except in the case of 
inheritance or other general succession. 
(5)  Upon inheritance or other general succession w ith respect to a right to obtain a patent, the 
successor in title shall notify the Commissioner of the Patent Office accordingly without delay. 
(6)  Where two or more notifications are made on the same date, on the basis of the same right to 
obtain a patent that has been derived by succession fr om the same person, a notification made by any 
person other than the one agreed upon after mu tual consultation among the persons making the 
notifications shall not take effect. 
(7)  Section 39(7) and (8) shall apply mutatis mutandis to the cases under subsections (2), (3) and 
(6). 
 
(Employees’ inventions) 
35. — (1) An employer, a legal entity or a state or lo cal public entity (hereinafter referred to as the 
“employer, etc.”) shall have a non-exclusive lic ense on the patent right concerned, where an 
employee, an executive officer of a legal entity or a national or local public official (hereinafter 
referred to as the “employee, etc.”) has obtained a patent for an invention which by reason of its 
nature falls within the scope of the business of the employer, etc. and an act or acts resulting in the 
invention were part of the present or past duties of the employee, etc. performed on behalf of the employer, etc. (hereinafter referred to as an “emp loyee’s invention”) or where a successor in title to 
the right to obtain a patent for an employee’s invention has obtained a patent therefor. 
(2)  In the case of an employee’s invention made by an employee, etc. which is not an employee’s 
invention, any contractual provision, service regulati on or other stipulation providing in advance that 
the right to obtain a patent or the patent right shall pass to the employer, etc. or that he shall have an 
exclusive license on such invention shall be null and void. 
(3)  The employee, etc. shall have the right to a reasonable remuneration when he has enabled the 
right to obtain a patent or the patent right with  respect to an employee’s invention to pass to the 
employer, etc. or has given the employer, etc. an exclusive right to such invention in accordance with 
the contract, service regulation or other stipulation. 
(4)  The payment of the remuneration in the preced ing subsection, as provided for in the contract, 
service regulation or other stipulation shall not be considered to be unreasonable, in view of the 
situation under which a negotiation is carried out between employer, etc. and employee, etc. in the 
course of establishing the criteria for determini ng the remuneration, the situation under which the IP/N/1/JPN/P/6 
Page 10  
 
  criteria established are disclosed, and the situation under which the views of employee, etc. are heard 
for calculating the amount of the remuneration, etc. 
(5)  Where there is no stipulation with respect  to remuneration referred to in the preceding 
subsection or where the payment of the remuneration determined thereby shall be considered to be 
unreasonable, the amount of the remuneration referred to  in subsection (3) shall be determined, taking 
into consideration the amount of profits that the employer, etc. will make from the invention, the burden assumed and contribution made by the employer, etc. in connection with the invention, and the 
treatment upon the employee, etc. and other circumstances. 
 
(Applications for patent) 
36. — (1) Any person desiring a patent shall submit a request to the Commissioner of the Patent 
Office stating the following: 
(i)   the name and the domicile or resi dence of the applicant for the patent; 
(ii)  the name and the domicile or residence of the inventor. 
(2)  The request shall be accompanied by the descr iption, one or more patent claims or one or 
more drawings (where required) and the abstract. 
(3)  The description under subsection (2) shall state the following: 
(i)   the title of the invention; (ii)  a brief explanation of the drawings; (iii) a detailed explanation of the invention. 
(4)  The detailed explanation of the invention under the preceding subsection (iii) shall comply 
with the following: 
(i)  it describes the invention, in a manner sufficien tly clear and complete for the invention to be 
carried out by a person having ordinary skill in the art to which the invention pertains, as provided for 
in an ordinance of the Ministry of Economy, Trade and Industry; 
(ii)  where there is an invention relating to th e invention described in a publication (meaning the 
invention referred to in Section 29(1)(iii) – herein after the same in this paragraph), of which the 
person desiring a patent is aware at the time of filin g an application for patent, it describes the title of 
the publication disclosing such invention described in a publication and other source of information 
on the invention described in a publication. 
(5)  In the patent claim(s) under subsection (2), ther e shall be set forth, by statements separated on 
a claim by a claim basis, all matters which an app licant for patent considers necessary in defining an 
invention for which a patent is sought.  In such  a case, it shall not preclude the statements of the 
patent claim(s) to be such that an invention claime d in one claim is the same as an invention claimed 
in another claim. 
(6)  The statement of the patent claim(s) unde r subsection (2) shall comply with each of the 
following paragraphs: 
(i)   statements setting forth the invention(s) for which patent is sought and which is described in 
the detailed explanation of the invention; 
(ii)  statements setting forth the invention(s) for which a patent is sought and which is clear; 
(iii)  statements setting forth the claim(s) which is concise; (iv)  statements which are as provided for in an  ordinance of the Ministry of Economy, Trade and 
Industry. 
(7)  The abstract under subsection (2) shall state the summary of the invention disclosed in the 
description, one or more patent claims or one or more drawings (where required) and other matters 
provided for in an ordinance of the Ministry of Economy, Trade and Industry. 
 36bis(36-2).  — (1) Any person desiring a patent may, in lieu of the description, one or more patent 
claims, one or more drawings (whe re required) and abstract under Sec tion 36(2), attach to the request 
a document stating the matters to be described in the description and one or more patent claims under 
Section 36(3) to (6) in a foreign language specified in an ordinance of the Ministry of Economy, Trade and Industry and any text matter of the drawings  in the foreign language (hereinafter referred to 
as the “foreign language file”) and a document stating the matters to be described in the abstract under 
Section 36(7) in the foreign language (hereinafter  referred to as the “foreign language abstract”). 
(2)  The applicant of an application for patent to  which he has attached the foreign language file 
and foreign language abstract to the request under th e preceding subsection (hereinafter referred to as 
the “foreign language file application”) shall furn ish to the Commissioner of the Patent Office a 
translation into Japanese of the foreign language file  and foreign language abstract within two months 
from the filing date of the application for patent. 
(3)  Where the translation of the foreign language file (excluding the drawings) referred to in the 
preceding subsection has not been furnished within the time limit prescribed in that subsection, the 
application for patent shall be deemed withdrawn. 
(4)  The translation of the foreign language file re ferred to in subsection (2) is deemed to be the 
description, one or more patent claims and one or more drawings (where required) as attached to the 
request under Section 36(2) and the translation of the foreign language abstract referred to in 
subsection (2) is deemed to be the abstract as attached to the request under Section 36(2). 
 
37. — Where there are two or more inventions, they may be the subject of a patent application in 
the same request, only when they have such technica l relationship as provided for in an ordinance of  IP/N/1/JPN/P/6 
 Page 11 
 
 
  the Ministry of Economy, Trade and Industry, and resulting thus falling unde r a group of inventions 
which fulfill the requirement of unity of invention. 
 
(Joint applications) 
38. — Where the right to obtain a patent is owned jointly, the patent may only be applied for 
jointly by all the joint owners. 
 
(First-to-file rule) 
39. — (1) Where two or more patent applications  relating to the same invention are filed on 
different dates, only the first applicant may obtain a patent for the invention. 
(2)  Where two or more patent applications rela ting to the same invention are filed on the same 
date, only one such applicant, agreed upon after mutual consultation among all the applicants, may 
obtain a patent for the invention.  If no agreement is reached or no consulta tion is possible, none of 
the applicants shall obtain a patent for the invention. 
(3)  Where an invention claimed in a patent appli cation is the same as a device claimed in a utility 
model application and the applicati ons are filed on different dates, th e patent applicant may obtain a 
patent only if his application was file d before the utility model application. 
(4)  Where an invention claimed in a patent appli cation is the same as a device claimed in a utility 
model application (excluding case where an invention in a patent application is identical with an 
device claimed in utility model application with r espect to the utility model registration based on said 
patent application including a patent application deemed  to have been filed at the time of filing of that 
patent application under Section 44(2) includi ng its application under Section 46(5)) and the 
applications are filed on the same date, only one applicant, agreed upon after mutual consultation 
between the applicants, may obtain the patent or the utility model registration.  If no agreement is 
reached or no consultation is possible, the patent a pplicant shall not obtain a patent for the invention. 
(5)  Where a patent application or a utility model application is abandoned, withdrawn or 
dismissed, or where an examiner’s decision or trial decision that a patent application is to be refused 
has become final and conclusive, such application sha ll, for the purposes of subsections (1) to (4), be 
deemed never to have been made.  However, this  provision shall not apply where an examiner’s 
decision or a trial decision that the patent appli cation is to be refused under the last sentence of 
subsection (2) or (4) becomes final and conclusive. 
(6)  A patent application or a utility model a pplication filed by a person who is neither the 
inventor nor the creator nor the successor in title to the right to obtain a patent or utility model 
registration shall, for the purposes of subsections (1) to  (4), be deemed not to be a patent application 
or a utility model application. 
(7)  The Commissioner of the Patent Office shall, in the case of subsection (2) or (4), order the 
applicants to hold consultations for an agreement und er subsection (2) or (4) and to report the result 
thereof, within an adequate time limit. 
(8)  Where the report under the preceding subsection is not made within the time limit designated 
in accordance with that subsecti on, the Commissioner of the Patent Office may deem that no 
agreement under subsection (2) or (4) has been reached. 
 40. — Deleted  
 
(Priority claim based on patent application, etc.) 
41. — (1) Any person desiring a patent may declare a priority claim for the invention claimed in a 
patent application on the basis of the invention whic h has been disclosed in the description, claim(s) 
for patent or utility model registration or drawing(s)  originally attached to  the request (in the case 
where the earlier application is a foreign language file application,  the foreign language file) of a 
patent or utility model application in which he has the right to obtain a patent or utility model 
registration and which has been filed earlier (hereina fter referred to as an “earlier application”) except 
in the following cases: 
(i)   the patent application concerned is not one filed within one year from the filing date of the 
earlier application; 
(ii)  the earlier application is a new patent app lication devided out of a patent application under 
Section 44(1), a patent application converted from an  application under Section 46(1) or (2), or a 
patent application based on the utilit y model registration under Section 46 bis(46-2)(1) or a new utility 
model application devided out of a utility model app lication under Section 44(1) of this law as applied 
under Section 11(1) of the Utility Model Law or a utility model application converted from an 
application under Section 10(1) or (2) of the Utility Model Law; 
(iii)  at the time when the patent application c oncerned is filed, the ear lier application has been 
abandoned, withdrawn or dismissed; 
(iv)  at the time when the patent application concer ned is filed, the examiner’s decision or the trial 
decision on the earlier application has become final and conclusive; 
(v)  at the time when the patent application con cerned is filed, the registration of establishment 
referred to in Section 14(2) of the Utility Model La w with respect to the earlier application has been 
effected. IP/N/1/JPN/P/6 
Page 12  
 
  (2)  For inventions which are amongst those claime d in a patent application containing a priority 
claim under subsection (1) and which are disclosed in  the description, claim(s) for patent or utility 
model registration or drawing(s) (in the case where th e earlier application is a foreign language file 
application, the foreign language file) originally a ttached to the request of an earlier application whose 
priority is so claimed [in the case where the earlier application contains a priority claim under 
subsection (1) or under Section 8(1) of the Utility Model Law or a priority claim under Section 43(1) 
or Section 43 bis(43-2)(1) or (2) of this Law (including its application under Section 11(1) of the 
Utility Model Law), excluding the inventions disclosed  in the document (limited to those equivalent 
to the description, claim(s) for patent or utility model registration and drawing(s)) submitted at the 
time of the filing of the application whose priority  is claimed for the earlier application], the patent 
application concerned shall be deem ed to have been filed at the time when the earlier application was 
filed, for the purposes of Section 29, the principal sentence of Section 29 bis(29-2) and Sections 30(1) 
to (3), 39(1) to (4), 69(2)(ii), 72, 79, 81, 82(1) , 104 [including its application under Section 65(5) 
(including its application under Section 184 decies (184-10)(2))], and 126(5) (including its application 
under Sections 17 bis(17-2)(5) and 134 bis(134-2)(5)) of this Law, for the purposes of Sections 7(3) 
and 17 of the Utility Model Law, for the purposes of Sections 26, 31(2), and 32(2) of the Design Law 
(Law No. 125 of 1959) and for the purposes of Section 29, 33 bis(33-2)(1) and 33 ter(33-3)(1) 
(including its application under Section 68(3) of the Trademark Law) of the Trademark Law (Law 
No. 127 of 1959). 
(3)  For inventions which are amongst those discl osed in the description, patent claim(s) or 
drawing(s) (in the case of a foreign language file a pplication, the foreign language file) originally 
attached to the request of a patent application containing a priority claim under subsection (1) and 
which are disclosed in the description, claim(s) for patent or utility model registration or drawing(s) (in the case where the earlier application is a foreig n language file applicati on, the foreign language 
file) originally attached to the request of an earlie r application whose priority is so claimed [in the 
case where the earlier application contains a priority claim under that subsection or Section 8(1) of the Utility Model Law or a priority claim under Section 43(1) or 43 bis(43-2)(1) or (2) of this Law 
(including its application under Section 11(1) of the Utility Model Law), excluding the inventions 
disclosed in the documents (limited to those equivalent  to the description, claim(s) for patent or utility 
model registration or drawing(s)) s ubmitted at the time of the filing of the application whose priority 
is claimed for the earlier application], the laying open for public inspection or the Gazette containing 
the Utility Model relating to the earlier application sha ll be deemed to have been effected or published 
at the time when the publication of the Gazette containing the Patent or the laying open for public 
inspection relating to the patent application concer ned was published or effected, for the purposes of 
the principal sentence of Section 29 bis(29-2) of this Law or the principal sentence of Section 3 bis(3-
2) of the Utility Model Law. 
(4)  A person desiring to declare a priority clai m under subsection (1) shall, simultaneously with 
the patent application, submit to the Commissione r of the Patent Office a document setting forth a 
statement to that effect and an iden tification of the earlier application. 
 
(Withdrawal, etc. of earlier application) 
42. — (1) The earlier application whose priority is  claimed under Section 41(1)  shall be deemed to 
have been withdrawn at the expiration of one year and three months from the filing date of that earlier 
application.  However, where that earlier appli cation has been abandoned, withdrawn or dismissed, 
where the examiner’s decision or trial decision on that earlier application has become final and 
conclusive, where the registration of establishment referred to in Section 14(2) of the Utility Model 
Law with respect to the earlier application has been effected, or where all of the priority claims based 
on that earlier application have been wit hdrawn, this provision shall not apply. 
(2)  The applicant of a patent application containing a priority claim under Section 41(1) shall not 
withdraw the priority claim after the expiration of one year and three months 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 application, the priority claim shall 
be deemed to have been  withdrawn simultaneously. 
 
(Priority claim under the Paris Convention) 
43. — (1) A person desiring to declare a priority claim in respect of a patent application under 
D(1) of Article 4 of the Paris Convention shall, simu ltaneously with the patent application, submit to 
the Commissioner of the Patent Office a document setting forth a statement to that effect and specifying the country party to the Paris Conventi on in which the application was first filed, or 
considered under C(4) of the said Article to have b een first filed, or recognized under A(2) of the said 
Article to have been first filed, as well as the filing date of such application. 
(2)  A person who has declared a priority claim or priority claims by virtue of the preceding 
subsection shall submit a written statement to the Commissioner of the Patent Office setting forth the 
filing date or dates of the application or appli cations, certified by the country party to the Paris 
Convention in which the application or applications  were first filed, or considered under C(4) of 
Article 4 of the Paris Convention to have been first filed, or recogni zed under A(2) of the said Article 
to have been first filed, as well as a certified copy  of each of the documents filed on application and 
equivalent to the description, claim(s) for patent or  utility model registration and drawing(s), or a copy 
of each of the official gazettes or certificates having the same contents which ha ve been issued by the  IP/N/1/JPN/P/6 
 Page 13 
 
 
  government of the member country concerned, within  one year and four months from the earliest of 
the following filing dates: 
(i)   the filing date of the said application firs t filed, or of the said application considered under 
C(4) of Article 4 of the Paris Conve ntion to have been first filed or of the said application recognized 
under A(2) of the said Article to have been first filed; 
(ii)  the filing date or dates of the said applicati on or applications whose priority or priorities are 
claimed in the case where the patent application co ntains a priority claim or priority claims under 
Section 41(1); 
(iii)  the filing date or dates of the application whose priority is so claimed, where the patent 
application concerned contains other priori ty claim under subsection (1) or Section 43 bis(43-2)(1) or 
(2). 
(3)  A person who has declared a priority claim by virtue of subsection (1) shall, together with the 
documents referred to in the preceding subsection,  submit a document to the Commissioner of the 
Patent Office specifying the number of the first app lication, or the application considered under C(4) 
of Article 4 the Paris Convention or recognized under A(2) of the said Article to be the first 
application.  However, when the number is not available before the submission of the documents 
referred to in that subsection, he shall submit a document setting forth the reason therefor instead of 
the document referred to and shall submit a docum ent specifying the number as soon as it becomes 
available. 
(4)  Where a person who has declared a priority claim by virtue of subsection (1) fails to submit 
the documents referred to in subsection (2) within th e time limit prescribed therein, the priority claim 
concerned shall lose its effect. 
(5)  Where a person claiming a priority under subsection (1) specifying matters written in the 
documents as referred to in subsection (2) with the number of the application based on the application 
which was filed in a country fixed by an ordinance of the Ministry of Economy, Trade and Industry and which can be converted by electromagnetic mean s (that is, electronic, magnetic and other means 
which cannot be perceived by human perception) has submitted a paper setting forth the number of 
the application to the Commissioner of the Patent  Office within a time limit prescribed in 
subsection (2), the documents as referred to in subs ection (2) shall be deemed to have been filed for 
the purposes of the preceding two subsections. 
 
(Priority claim declared as governed by the Paris Convention) 
43bis(43-2). — (1) A priority claim based on an application which a person specified in the left-
hand column of the following table has filed in or for any country specified in the right-hand column 
of the following table may be declared as governed by the provision in Article 4 of the Paris Convention for an patent application: 
 
Japanese nationals or nationals of a country 
party to the Paris Convention (including nationals deemed to be the nationals of the country party in accordance 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 priority claim based on an application whic h the nationals of a country which is neither a 
party to the Paris Convention nor a Member of th e World Trade Organization (limited to the country 
which allows Japanese nationals to declare a prio rity claim under the same condition as in Japan and 
which the Commissioner of the Patent Office design ates — hereinafter referred to as the “specified 
country” in this subsection) and a priority claim based on an application which Japanese nationals or 
the nationals of a country party to the Paris Conve ntion or a Member of the World Trade Organization 
have filed in or for any specified country may be declared as governed by the provisions in Article 4 of the Paris Convention for a patent application. 
(3)  Section 43 shall apply mutatis mutandis to  the declaration of a priority claim under the 
preceding two subsections. 
 
(Division of patent applications) 
44. — (1) An applicant for patent may divide a patent application comprising two or more 
inventions into one or more new patent appli cations only within the time limit by which the 
description, patent claim(s) or drawing(s) attached to the request may be amended. 
(2)  In such a case, the new patent application sha ll be deemed to have been filed at the time of 
filing of the original application.  However, th is provision shall not apply where the new patent IP/N/1/JPN/P/6 
Page 14  
 
  application is either another applicati on for patent as referred to in Section 29 bis(29-2) of this Law or 
an application for patent as referred to in Section 3 bis(3-2) of the Utility Model Law for the purposes 
of those Sections and of Sections 30(4), 36 bis(36-2)(2), 41(4) and 43(1) (including its application 
under Section 43 bis(43-2)(3)). 
(3)  For the purpose of Section 43(2) (i ncluding its application in Section 43 bis(43-2)(3)) where a 
new application is filed under subsection (1), “within  one year and four months from the earliest of 
the filing dates” in Section 43(2) shall read “within one year and four months from the earliest of the 
filing dates or within three months from the filing da te of the new patent application, whichever is 
later”. 
(4)  Where the new patent application under subsec tion (1) is filed, any statements or documents 
which have been submitted with respect to the original patent application and which shall be 
submitted with respect to the new patent applicati on in accordance with Section 30(4), 41(4) or 43(1) 
and (2) (including its application under 43 bis(43-2)(3)), shall be deemed to have been submitted to the 
Commissioner of the Patent Office simultaneous ly with the said new patent application. 
 45. — Deleted  
 
(Conversion of applications) 
46. — (1) An applicant for utility model registrati on may convert his application into a patent 
application.  However, this provision shall not a pply after three years from the filing date of the 
application for utility model registration. 
(2)  An applicant for design registration may convert  his application into a patent application.  
However, this provision shall not apply after 30 days from the transmittal of the examiner’s first 
decision that the design application is to be refused or  after lapse of three years from the filing date of 
the design application (excluding the 30-day period counted from the transmittal of the examiner’s 
first decision that the application is to be refused). 
(3)  The 30-day period prescribed in the proviso to subsection (2) shall, when the time limit 
prescribed in Section 46(1) of the Design Law has be en extended in accordance with Section 4 of this 
Law as applied under Section 68(1) of the Design La w, be deemed to have been extended only for 
that period as extended. 
(4)  Where the conversion of an application under subsection (1) or (2) has been made, the 
original application shall be de emed to have been withdrawn. 
(5)  Section 44(2) to (4) shall apply mutatis mu tandis to the conversion of an application under 
subsection (1) or (2). 
 (Application for patent based on utility model registration) 
46bis(46-2). — (1) The owner of a utility model right may file an application for a patent on the 
basis on his utility model registration as provided for in the Ordinance of the Ministry of Economy, Trade and Industry, except in the following cases.  In  such a case, the owner shall abandon his utility 
model right: 
(i)   when three years have expired from the filin g date of the utility model application under the 
utility model registration; 
(ii)  when a request was made for a technical opinion referred to in Section 12 (1) of the Utility 
Model Law (hereinafter simple referred to as “a technical opinion as to registrability of a utility 
model” in the following paragraph) by an applicant for an utility model registration or an owner of a 
utility model right with respect to the utility model application under the utility model registration or 
the utility model registration; 
(iii) thirty days have expired from the date wh en the first notification was received under Section 
13(2) of the Utility Model Law with respect to the request for a technical opinion as to registrability 
of a utility model made by a person other than an a pplicant for a utility model registration or an owner 
of a utility model right with respect to the utility model application under the utility model registration 
or the utility model registration; 
(iv) when the period first designated under Secti on 39(1) of the Utility Model Law expired for the 
invalidation trial which was demanded for the utility model registration of the utility model 
registration under Section 37(1) of the said Law. 
(2)  An application for a patent under preceding su bsection shall be deemed to have been filed at 
the time when the application for utility model regist ration was filed, to the extent that the features 
disclosed in the description, claim(s) or drawing(s) a ttached to the request of the application for patent 
remains within the scope of the features disclosed in  the description, claim(s) or drawing(s) attached 
to the request of the application for the utility m odel registration on which the patent application is 
based.  However, this provision shall not apply wh ere the patent application is either another 
application for a patent as referred to in Section 29 bis(29-2) of this Law or an application for patent as 
referred to in Section 3 bis(3-2) of the Utility Model Law for the purposes of those Sections and of 
Sections 30(4), 36 bis(36-2)(2), 41(4), 43(1) (includi ng its application under Section 43 bis(43-2)(3)) 
and 48 ter(48-3)(2). 
(3) Where, due to reasons outside his control, a pe rson is unable to file an application for a patent 
under the subsection (1) before the expiration of the time limit prescribed paragraph (iii) of the said 
subsection, he may, notwithstanding the said paragr aph, file the application for a patent within  IP/N/1/JPN/P/6 
 Page 15 
 
 
  14 days (where he is a resident abroad, within two months) from the date when the reasons ceased to 
be applicable but not later than six months, fo llowing the expiration of the said time limit. 
(4) Where there is an exclusive licensee, a pl edgee or non-exclusive licensee under Section 35(1) 
of this Law as applied under Sec tion 11(3) of the Utility Model Law, Section 77(4) of this Law as 
applied under Section 18(3) of th e Utility Model Law or Section 19(1) of the Utility Model Law, the 
owner of a utility model right may file an application for a patent only with the consent of such person. 
(5) Section 44(3) and (4) shall apply mutatis mu tandis to the application for a patent under 
subsection (1). 
 
Chapter III — The Examination 
 
(Examination by examiner) 
47. — (1) The Commissioner of the Patent Office shall have an application for patent examined by 
an examiner. 
(2)  The qualifications of examiners shall be prescribed by Cabinet Order.  
(Exclusion of examiners) 
48. — Section 139(i) to (v) and (vii) sha ll apply mutatis mutandis to examiners. 
 
(Examination of patent applications) 
48bis(48-2). — The examination of patent applications  shall be carried out upon a request for 
examination. 
 
(Requests for examination) 
48ter(48-3).  — (1) When a patent application has been filed, any person may, within three years 
from the date thereof, make a request for examin ation to the Commissioner of the Patent Office. 
(2)  With respect to a new patent application r esulting from the division of a patent application 
under Section 44(1), a patent application resultin g from the conversion of an application under 
Section 46(1) or (2), or a pate nt application based on a utility model registration under Section 
46bis(46-2)(1), a request for examination may be made even after the period prescribed in the 
preceding subsection (1), but only within 30 days from the division of the patent application, the 
conversion of the application, or the patent a pplication based on the utility model registration. 
(3)  A request for examination may not be withdrawn. (4)  When a request for examination has not been made within the time limit prescribed therefor 
in subsection (1) or (2), the patent appli cation concerned shall be deemed withdrawn. 
 48quater (48-4). — Any person desiring to make a request for examination shall submit a written 
request to the Commissioner of the Patent Office stating the following: 
(i)   the name and the domicile or r esidence of the person making the request; 
(ii)  the patent application in respect of  which the request for examination is made. 
 48quinquies (48-5). — (1) The Commissioner of the Patent Office shall, where a request for 
examination has been made before th e laying open of the application, publish such fact in the Patent 
Gazette at the time when the application is laid ope n or as soon as possible th ereafter; where a request 
for examination has been made after the laying open of the application, he shall publish such fact in 
the Patent Gazette without delay. 
(2)  Where a request for examina tion has been made by a person other than the applicant, the 
Commissioner of the Patent Office sh all notify the applicant accordingly. 
 
(Preferential examination) 
48sexies
(48-6). — When the Commissioner of the Patent Office recognizes that a person other 
than the applicant is commercially working the in vention claimed in a patent application after the 
laying open of the application, he may, if necessary,  direct the examiner to examine the application in 
preference to other patent applications. 
 
(Notification concerning information on invention described in publications) 
48septies (48-7). — Where the examiner finds that the application does not comply with 
Section 36(4)(ii), he may notify the applicant to th at effect and give him an opportunity to submit a 
statement of argument, designating an adequate time limit. 
 IP/N/1/JPN/P/6 
Page 16  
 
  (Examiner’s decision of refusal) 
49. — The examiner shall make a decision that a patent  application is to be refused where it falls 
under any of the following paragraphs: 
(i)   the amendment to the description, patent clai m(s) or drawing(s) attached to the request does 
not comply with Section 17 bis(17-2)(3); 
(ii)  the invention claimed in the patent app lication is not patentable under Section 25, 29, 
29bis(29-2), 32, 38 or 39(1) to (4); 
(iii)  the invention claimed in the patent applica tion is not patentable in accordance with a treaty; 
(iv)  the patent application does not comp ly with Section 36(4)(i) or (6), or 37; 
(v)  the application does not yet comply with Section 36(4)(ii), where the notification was made 
under Section 48 septies (48-7), and where amendment to the description or the submission of the 
statement of arguments of applicant was made; 
(vi)  the features disclosed in the description, pate nt claim(s) or drawing(s) attached to the request 
of the patent application do not remain within th e scope of the features disclosed in the foreign 
language document, when the patent application co ncerned is a foreign language file application; 
(vii) the applicant for patent who is not the i nventor has not succeeded to the right to obtain a 
patent for the invention concerned. 
 
(Notification of reasons for refusal) 
50. — When the examiner intends to render a decision th at an application is to be refused, he shall 
notify the applicant for the patent of the reasons fo r refusal and give him an opportunity to submit a 
statement of his arguments, designating an adequate time limit.  However, in the case of Section 17 bis(17-2)(1)(iii), this provision shall not apply to the case of a ruling to decline an 
application under Section 53(1). 
(Examiner’s decision that a patent is to be granted) 
51. — When the examiner finds no reasons for refusal with respect to the patent application, he 
shall render a decision that a patent is to be granted. 
 
(Formal requirements of decision) 
52. — (1) The examiner’s decision shall be in writing and shall state the reasons therefor. 
(2)  When the examiner’s decision has been rendere d, the Commissioner of the Patent Office shall 
transmit a copy of the decision to the applicant. 
 
(Declining of amendments) 
53. — (1) In the case of Section 17 bis(17-2)(1)(iii), where, prior to the transmittal of the 
examiner’s decision that a patent is to be grante d, it is found that an amendment to the description, 
patent claim(s) or drawing(s) attached to  the request does not comply with Section 17 bis(17-2)(3) to 
(5), the examiner shall declin e the amendment by a ruling. 
(2)  The ruling to decline an amendment under the preceding subsection shall be in writing and 
shall state the reasons therefor. 
(3)  No appeal shall lie from a ruling to declin e an amendment under subsection (1).  However, 
this provision shall not apply to the examination in an appeal trial against examiner’s refusal. 
 
(Relationship with litigation) 
54. — (1) The examination procedure may, if necessar y, be suspended, until the trial decision has 
become final and conclusive or litiga tion procedure has been concluded. 
(2) Where a suit or motion for provisional attachment or provisional disposal has been filed, the 
court may, if necessary, suspend the litigation pr ocedure until the examiner’s decision or the trial 
decision becomes final and conclusive. 
 55. — Deleted  (to 63.) 
 
Chapter III bis
 — Laying Open of Applications 
 
(Laying open of applications) 
64. — (1) After one year and six months from the filing date of an application, the Commissioner 
of the Patent Office shall lay the patent applica tion open for public inspection, unless the Gazette 
containing the Patent has already been published.  This provision shall also apply where the request 
for laying open of an application under Section 64 bis(64-2)(1) is made. 
(2)  The laying open for public inspection of a pate nt application shall be effected by publishing 
the following particulars in the Patent Gazette.  However, this provision shall not apply to the 
particulars referred to in paragraphs (iv) to (vi) where the Commissioner of the Patent Office 
recognizes that the publication of those particulars in the Patent Gazette is liable to contravene public 
order or morality:  IP/N/1/JPN/P/6 
 Page 17 
 
 
  (i)   the name and the domicile or residence of the applicant; 
(ii)  the number and date of the application; (iii)  the name and the domicile or residence of the inventor; (iv) the particulars stated in the description and patent claim(s) as well as the contents of 
drawing(s) attached to the request; 
(v)  the particulars stated in the abstract attached to the request; 
(vi)  in the case of a foreign language file appli cation, the particulars stated in the foreign language 
file and foreign language abstract; 
(vii) the number and the date of the laying open; (viii) other necessary particulars. 
(3)  In the case where the Commissioner of the Pate nt Office recognizes that a statement of the 
abstract attached to the request does not comply  with Section 36(7) or, in other cases where he 
recognizes it necessary, he may, in lieu of the particul ars stated in the abstract under subsection (2)(v), 
publish those prepared by himself. 
 
(Request for laying open of applications) 
64bis(64-2).  — (1) An applicant for patent may request  the Commissioner of the Patent Office to 
lay his application for patent open for p ublic inspection, except the following cases: 
(i)   where the patent application has alr eady been laid open for public inspection; 
(ii)  where the patent application is the applica tion which has declared the priority claim referred 
to in Section 43(1) or 43 bis(43-2)(1) or (2) and for which the documents under Section 43(2) 
(including its application under Section 43 bis(43-2)(3)) and the statements under Section 43(5) 
(including its application under Section 43 bis(43-2)(3)) have not been submitted to the Commissioner 
of the Patent Office; 
(iii)  where the patent application is the foreign language file application for which the translation 
into Japanese of the foreign language file under Section 36 bis(36-2)(2) has not been submitted to the 
Commissioner of the Patent Office. 
(2)  The request for laying open of an application may not be withdrawn.  64ter(64-3). — An applicant for patent who desires to request for laying open of the application, 
shall submit the written request to the Commissione r of the Patent Office, stating the following 
matters: 
(i)   the name and the domicile or r esidence of the person making the request; 
(ii)  the patent application in respect of  which the request for laying open is made. 
 
(Effects of laying open of applications) 
65. — (1) When an applicant for patent has, after th e laying open of his pate nt application, given a 
warning with a written statement setting forth the conten ts of the invention claimed in the application, 
he may claim, against a person who has commercially  worked the invention, after the warning but 
before the registration of the establishment of the patent right, the payment of compensation in a sum 
of money equivalent to what he would be entitled to  receive for the working of the invention if the 
invention were patented.  Even in the absence of the warning, the same shall apply to a person who 
commercially worked the invention before the regi stration of the establishment of the patent right, 
knowing that the invention was clai med in the patent application la id open for public inspection. 
(2)  The right to claim the compensation under the preceding subsection may not be exercised 
until after the establishment of the patent right is registered. 
(3)  The exercise of the right to claim the compensation under subsection (1) shall not preclude 
the exercise of the patent right. 
(4)  Where a patent application has been abandoned, withdrawn or dismissed after the laying open 
of the patent application, or where the examiner ’s decision or a trial decision that the patent 
application is to be refused has become final a nd conclusive, or where the patent right has been 
deemed never to have exis ted under Section 112(6) (except where, thereafter, the patent right has been 
deemed to have existed from the beginning under Section 112 bis(112-2)(2)) or where, with exception 
of the cases coming within the proviso to Section 12 5, a trial decision that the patent is to be 
invalidated has become final and conclusive, the ri ght under subsection (1) shall be deemed never to 
have arisen. 
(5)  Sections 101, 104 to 105 bis(105-2), 105 quater (105-4) to 105 septies (105-7) and 168(3) to (6) 
of this Law and Sections 719 and 724(tort) of th e Civil Code (Law No. 89 of 1896) shall apply 
mutatis mutandis to the exercise of the right to cl aim the compensation under subsection (1).  In such 
a case, where a person having the right to claim th e compensation has become aware, before the 
registration of the establishment of the patent right, of  the fact that the invention claimed in the patent 
application was being worked and of the person work ing the invention, “the time when the injured 
party or his legal representative became aware of  such damage and of the person causing it” in 
Section 724 of the said Code shall read “the date of  the registration of the establishment of the patent 
right”. 
 IP/N/1/JPN/P/6 
Page 18  
 
  Chapter IV — The Patent Right 
 
1.  The Patent Right  
 
(Registration of establishment of patent right) 
66. — (1) A patent right shall come into force upon registration of its establishment. 
(2) The establishment of a patent right shall be re gistered when the annual fees for the first to the 
third years under Section 107(1) have been paid or exemption or deferment of such payment has been 
granted. 
(3)  Upon registration under the preceding subsecti on, the following particulars shall be published 
in the Patent Gazette.  However, this provision shall not apply to the particular s listed in paragraph (v) 
where the patent application has already been laid open for public inspection: 
(i)   the name and the domicile or residence of the patentee; (ii)  the number and the filing da te of the patent application; 
(iii) the name and the domicile or residence of the inventor; (iv) the features stated in the description and patent  claim(s) as well as the contents of drawing(s) 
attached to the request of the application; 
(v)  the particulars stated in the abstract attached to the request; 
(vi)  the patent number and the date of registration of the establishment; 
(vii) other necessary particulars. 
(4)  Section 64(3) shall apply mutatis mutandis where the particulars stated in the abstract listed in 
Section 64(3)(v) are published in the Patent Gazette under subsection (3). 
 
(Term of patent right) 
67. — (1) The term of the patent right shall be 20 years from the filing date of the patent 
application. 
(2)  The term of the patent right may be ex tended, upon application for registration of an 
extension, by a period not exceeding five years if, because of the necessity of obtaining an approval or 
other disposition which is governed by provisions in laws intended to ensure safety, etc. in the 
working of the patented invention, and which is pr ovided for in Cabinet Order as being such that, in 
view of the object of the relevant disposition, pr oceedings, etc., a considerable period of time is 
required for the proper action for the disposition, th ere was a period in which it was not possible to 
work the patented invention. 
 
(Registration of extension of term of patent right) 
67bis(67-2). — (1) A person desiring to apply for registra tion of an extension of the term of a 
patent right shall submit to the Commissioner of the Patent Office an application stating the following 
matters: 
(i)   the name and the domicile or residence of the applicant; (ii)  the patent number; (iii)  the term of the extension applied for (limited to a period not exceeding five years) 
(iv) particulars of the disposition as provided for in  Cabinet Order referred to in Section 67(2). 
(2)  The application under the preceding subsection shall be accompanied by materials which give 
reasons for the extension, as provided for in an ordinance of the Ministry of Economy, Trade and 
Industry. 
(3)  The application for registration of an extensi on of the term of a patent right shall be made 
within the time limit prescribed by Cabinet Orde r counting from the date of obtaining the disposition 
provided for in Cabinet Order referred to in Sectio n 67(2).  However, the application shall not be 
made after the expiration of the term of a patent right provided for in Section 67(1). 
(4)  Where a patent is owned jointly, each of th e joint owners may not, except jointly with the 
other owners, apply for registration of an extension of the term of a patent right. 
(5)  Where an application for registration of an exte nsion of the term of a patent right is filed, the 
term of the patent right shall be  deemed to have been extended.  However, this provision shall not 
apply when the examiner’s decision that the appl ication is to be refused has become final and 
conclusive or when an extension of the term  of the patent right has been registered. 
(6)  When an application for registration of an exte nsion of the term of a patent right is filed, the 
matters as set forth under each of the paragraphs in  subsection (1) and the number and the filing date 
of the application shall be pub lished in the Patent Gazette. 
 67bis
-bis(67-2-2). — (1) When it is anticipated impossible to obtain the disposition as provided for 
in Cabinet order referred to in Section 67(2) by the day before six months prior to the date of 
expiration of the term of a patent right as provided for in Section 67(1), a person desiring to apply for 
registration of an extension of the term of a pate nt right shall submit by that day to the Commissioner 
of the Patent Office a document stating the following matters: 
(i)   the name and the domicile or reside nce of the person desiring the application; 
(ii)  the patent number;  IP/N/1/JPN/P/6 
 Page 19 
 
 
  (iii)  the disposition as provided for in Cabi net Order referred to in Section 67(2). 
(2)  Where the document required to be s ubmitted under the preceding subsection is not 
submitted, application for the registration of an exte nsion of the term of a patent right may not be 
made for after six months prior to the date of expiration of the term of a patent right as provided for in 
Section 67(1). 
(3)  When the document referred to in subsection (1) is submitted,  the matters set forth under each 
of the paragraphs in subsection (1) sh all be published in the Patent Gazette. 
 67ter(67-3). — (1) The examiner shall make a decision that an application for registration of an 
extension of a patent right is to be refused wh ere it falls under any of the following paragraphs: 
(i)   where it is not deemed that the obtaining of the disposition as provided for in Cabinet Order 
referred to in Section 67(2) was necessary fo r the working of the patented invention; 
(ii)  where the disposition as provided for in Cabi net Order referred to in Section 67(2) was not 
obtained by the patentee, or an exclusive licens ee or a registered non-exclusive licensee under the 
patent; 
(iii)  where the term for which an extension is  applied exceeds the period of time during which the 
patented invention could not be worked; 
(iv)  where the person applying for an ex tension is not the patentee concerned; 
(v)  where the application does not comply with Section 67 bis(67-2)(4). 
(2)  When the examiner finds no reasons for re fusing an application for registration of an 
extension of the term of a patent right, he shall re nder a decision that the registration of the extension 
is to be made. 
(3)  When the examiner’s decision or the tria l decision is rendered to the effect that the 
registration of an extension of the te rm of the patent right is to be ma de, the registration is made to the 
effect that the term of the patent right has been extended. 
(4)  When the registration under the preceding para graph is made, the following particulars shall 
be published in the Patent Gazette: 
(i)   the name and the domicile or residence of the patentee; (ii)  the Patent Number; (iii) the number and the filing date of the applicati on for registration of the extension of the patent 
right; 
(iv)  the date of the registration of the extension; (v)  the term of the extension; (vi) particulars of the disposition as provided for in  Cabinet Order referred to in Section 67(2). 
 67quater (67-4).  — Sections 47(1), 48, 50 and 52 shall a pply mutatis mutandis to the examination 
of an application for registration of an extension of the term of a patent right. 
 
(Effects of patent right) 
68. — A patentee shall have an exclusive right to commercially work the patented invention.  
However, where the patent right is the subject of an  exclusive license, this provision shall not apply to 
the extent that the exclusive licensee exclusively pos sesses the right to work the patented invention. 
 
(Effects of the term extended patent right) 
68bis(68-2). — The effects of the patent right of wh ich the term has been extended (including 
cases in which the term is deemed to be extended under Section 67 bis(67-2)(5)) shall not extend to 
acts other than the working of the patented inventio n concerned in respect of the product (where, in 
the disposition concerned, any specific use of such product to be used was specified, the product used 
for such specific use) which was the subject of  the disposition as provided for in Cabinet Order 
referred to in Section 67(2) and as being the ground for the registration of the extension. 
 
(Limits of patent right) 
69. — (1) The effects of the patent right shall not ex tend to the working of the patent right for the 
purposes of experiment or research. 
(2)  The effects of the patent righ t shall not extend to the following: 
(i)   vessels or aircraft merely passing through Jap an or machines, instruments, equipment or other 
accessories used therein; 
(ii)  products existing in Japan prior to the filing of the patent application. 
(3)  The effects of the patent right for inventi ons of medicines (namely, products used for the 
diagnosis, cure, medical treatment or prevention of human diseases — hereinafter referred to as 
“medicines” in this subsection) to be manufact ured by mixing two or more medicines or for 
inventions of processes for manufacturing medicines by mixing two or more medicines shall not extend to acts of preparing medicines in accordance w ith the prescriptions of physicians or dentists or 
to medicines prepared in accordance with th e prescriptions of physicians or dentists. 
 IP/N/1/JPN/P/6 
Page 20  
 
  (Technical scope of patented inventions) 
70. — (1) The technical scope of a patented inven tion shall be determined on the basis of the 
statements of the patent claim(s) attached to the request. 
(2)  In the case of the preceding subsection, the mean ing of a term or terms of the patent claim(s) 
shall be interpreted in the light of the description and drawing(s). 
(3)  In the case of subsections (1) and (2), no stat ements of the abstract attached to the request 
shall be taken into account for such purpose. 
 71. — (1) A request for interpretation may be made  to the Patent Office with respect to the 
technical scope of a patented invention. 
(2)  Where such a request is made, the Commissi oner of the Patent Office shall designate three 
trial examiners to give the requested interpretation. 
(3)  Sections 131(1), the principal sentence of 131 bis(131-2)(1), 132(1) and (2), 133, 133 bis(133-
2), 134(1), (3) and (4), 135, 136(1) and (2), 137( 2), 138, 139 (excluding (vi)), 140 to 144, 144 bis(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 th e interpretation under subsection (1).  In such a 
case, “a trial decision” in Section 135 shall read “a  ruling”, “trials other than the trial under the 
preceding subsection” in Section 145(2) shall read “t rial examination of inte rpretation”, “where public 
order or morality is liable to be injured thereby” in  the proviso to Section 145( 5) shall read “where the 
trial examiner-in-chief considers it necessary” , “Section 147” in Section 151 shall read 
“Section 147(1) and (2)”, “before a trial decisions becomes final and conclusive” in Section 155(1) 
shall read “before the written interpretation is transmitted” respectively. 
(4)  No appeal shall lie from the ruling under Section 135 as applied under the preceding 
subsection. 
 71bis(71-2). — (1) Where the Commissioner of the Patent  Office is commissioned by a court to 
give an expert opinion with respect to the technical  scope of a patented invention, he shall appoint 
three trial examiners to give the opinion. 
(2)  Sections 136(1) and (2), 137(2) and 138 shall apply mutatis mutandis to the commission 
therefor under the preceding subsection. 
 
(Relationship with another’s patented invention, etc.) 
72. — When a patented invention would utilize anot her person’s patented invention, registered 
utility model or registered design or design similar th ereto under an application filed prior to the filing 
date of the patent application concerned, or when  the patent right conflic ts with another person’s 
design right or trademark right under an application for registration of a design filed prior to the filing 
date of the patent application concerned, the pa tentee, exclusive licensee or non-exclusive licensee 
shall not commercially work the patented invention. 
 
(Joint patent rights) 
73. — (1) Each of the joint owners of a patent ri ght may neither transfer his share nor establish a 
pledge upon it without the consen t of all the other joint owners. 
(2)  Each of the joint owners may, except as ot herwise prescribed by contract, work the patented 
invention without the consent of the other joint owners. 
(3)  Each of the joint owners may grant neither  an exclusive license nor  a non-exclusive license 
without the consent of all the other joint owners. 
 74. — Deleted 
 75. — Deleted  
 
(Extinguishment of patent right in absence of heir) 
76. — A patent right shall be extinguished when ther e is no person claiming to be an heir within 
the period prescribed by Section 958 of the Civil Code. 
 
(Exclusive licenses) 
77. — (1) A patentee may grant an exclusive license on his patent right. 
(2)  An exclusive licensee shall have an exclus ive right to commercially work the patented 
invention to the extent laid down in the license contract. 
(3)  An exclusive license may be transferred only together with the business in which it is worked, 
or only with the consent of the patentee or in the case of inheritance or other general succession. 
(4)  An exclusive licensee may establish a pl edge or grant a non-exclusive license on the 
exclusive license only with the consent of the patentee.  IP/N/1/JPN/P/6 
 Page 21 
 
 
  (5)  Section 73 shall apply mutatis mutandis to exclusive licenses. 
 
(Non-exclusive licenses) 
78. — (1) A patentee may grant a non-exclusive license on his patent right. 
(2) A non-exclusive licensee shall have the right to commercially work the patented invention to 
the extent prescribed in this Law or  laid down by the license contract. 
 
(Non-exclusive license by virtue of prior use) 
79. —Where, without knowledge of the contents of an  invention claimed in a patent application, a 
person has made the invention by himself or, wit hout knowledge of the invention in the patent 
application, has learnt the invention from another person who has made the invention, and has been 
commercially working the invention or has been making preparations therefor in Japan at the time of 
filing of the patent application, such person sha ll have a non-exclusive license on the patent right 
limited to the extent of the patent which is bei ng worked or for which preparations for working are 
being made and to the purpose of such working or the preparations therefor. 
 
(Non-exclusive license due to working prior to registration of demand for invalidation trial) 
80. — (1) When a person who falls under any of  the following paragraphs and has been 
commercially working an invention in Japan or has been making preparations therefor, prior to the 
registration of a demand for a patent invalidation tria l, without knowing that the patent falls under the 
requirements of any of the paragraphs of Sec tion 123(1), such person shall have a non-exclusive 
license on the patent right or the exclusive licen se existing at the time when the patent was 
invalidated, such non-exclusive license being limited to the invention which is being worked or for 
which preparations for working are being made  and to the purpose of such working or the 
preparations therefor; 
(i)   where one of two or more patents grante d for the same invention h as been invalidated, the 
original patentee; 
(ii)  where his patent has been invalidated and a patent for the same invention has been granted to 
the person entitled to obtain the patent, the original patentee; 
(iii)  in the cases referred to in the preceding two paragraphs, a person who, at the time of the 
registration of the demand for a patent invalidation trial, has an exclusive license on the patent that 
has been invalidated or a non-exclusive li cense which is effective under Section 99(1). 
(2)  The patentee or exclusive licensee shall ha ve a right to receive a reasonable remuneration as 
consideration for the non-exclusive license under the preceding subsection. 
 
(Non-exclusive license after expiration of design right) 
81. — Where a design right under an application for design registration filed prior to or on the 
filing date of a patent application conflicts with th e patent right under the patent application and the 
term of the design right has expired, the owner of th e expired design right shall, to the extent of such 
design right, have a non-exclusive license on the patent right or the exclusive license existing at the time when the design right expired. 
 82. — (1) Where a design right under an application for design registration filed prior to or on the 
filing date of a patent application conflicts with th e patent right under the patent application and the 
term of the design right has expired, a person who, at the time of expiration, has an exclusive license 
on the expired design right or a non-exclusive license which is effective under Section 99(1), as applied under Section 28(3) of the Design Law, agains t the design right or the exclusive license, shall, 
to the extent of the expired right, have a non-exclus ive license on the patent right concerned or on the 
exclusive license existing at the time when the design right expired. 
(2)  The patentee or exclusive licensee shall have a right to a reasonable remuneration as 
consideration for the non-exclusive license under the preceding subsection. 
 
(Arbitration decision on grant of non-exclusive license in case of non-working) 
83. — (1) Where a patented invention has not been  sufficiently and continuously worked during a 
period of three years or more in Japan, a person who intends to work the patented invention may 
request the patentee or exclusive licensee to hold co nsultations on the grant of a non-exclusive license 
thereon.  However, this provision shall not apply un less four years have elapsed since the filing date 
of the application corresponding to the patented invention. 
(2) If no agreement is reached or no consulta tion is possible under the preceding subsection, a 
person who intends to work the patented invention may request the Commissioner of the Patent Office 
for an arbitration decision. 
 
(Submission of written reply) 
84. — Where a request has been made for arb itration under Section 83(2), the Commissioner of 
the Patent Office shall transmit a copy of the writte n request to the patentee or exclusive licensee IP/N/1/JPN/P/6 
Page 22  
 
  mentioned in the request or to other persons havi ng any registered rights relating to the patent and 
shall give them an opportunity to submit a wr itten reply, designating an adequate time limit. 
 
(Hearing of Industrial Property Council, etc.) 
85. — (1) Before rendering an arbitration decisi on under Section 83(2), the Commissioner of the 
Patent Office shall hear the views of the Counc il and the like (referring to the organ prescribed in 
Section 8 of National Government Organization Law (Law No. 120 of 1948)) which is to be set up by 
Cabinet Order. 
(2)  Where there is a legitimate reason for the failu re to sufficiently work the patented invention, 
the Commissioner of the Patent Office shall not  render an arbitration decision ordering a non-
exclusive license to be granted. 
 
(Formal requirements of arbitration) 
86. — (1) The arbitration decision under Section 83( 2) shall be in writing and shall state the 
reasons therefor. 
(2)  An arbitration decision ordering a non-excl usive license to be granted shall set forth the 
following: 
(i)   the scope of the non-exclusive license; (ii)  the consideration for the license and the method and time of payment. 
 
(Transmittal of copy of arbitration decision) 
87. — (1) A copy of an arbitration decision rende red under Section 83(2) shall be transmitted by 
the Commissioner of the Patent Office to the par ties and other persons having any registered rights 
relating to the patent. 
(2)  When a copy of an arbitration decision or dering a non-exclusive license to be granted has 
been transmitted to the parties under the preceding subsection, an agreement in the terms of the 
arbitration decision shall be deemed to  have been reached by the parties. 
 
(Deposit of consideration) 
88. — A person who is to pay a remuneration as consid eration under Section 86(2)(ii) shall make a 
deposit of it in the following case: 
(i)   where the person to receive the remuneration is unwilling or unable to receive it; (ii)  where an action under Section 183(1) has b een instituted with respect to the remuneration; 
(iii)  where the patent right or the exclusive li cense is the subject of a pledge.  However, this 
provision shall not apply where the consent of the pledgee has been obtained. 
 
(Lapse of arbitration decision) 
89. — Where a person who desires a non-exclusive licen se fails to pay or deposit the remuneration 
(or the first installment thereof where payment is to  be made periodically or by installments) within 
the time prescribed in the arb itration decision under Section 83(2), the arbitration decision ordering 
the non-exclusive license to be granted shall lose its effect. 
 
(Cancellation of arbitration decision) 
90. — (1) After rendering an arbitration decision ordering a non-exclusive license to be granted 
under Section 83(2), when the reason for the arb itration decision is no longer applicable or 
circumstances have otherwise changed and it has b ecome to be impossible to sufficiently support the 
arbitration decision or a person who has obtaine d a non-exclusive license under the arbitration 
decision fails to work the patented invention suffi ciently, the Commissioner of the Patent Office may 
cancel the arbitration decision upon the request of the interested person or ex officio. 
(2) Sections 84, 85(1), 86(1) and 87(1) shall a pply mutatis mutandis to the cancellation of the 
arbitration decision under the preceding subsection a nd Section 85(2) shall apply mutatis mutandis to 
the cancellation of the arbitration decision under the preceding subsection when the person who has 
obtained a non-exclusive license under the arbitration decision fails to work the patented invention 
sufficiently. 
 91. — When an arbitration decision has been cancelled under Section 90(1), the non-exclusive 
license shall be extinguished. 
 
(Restriction on objections to arbitration decision) 
91bis(91-2). — Objections to the remuneration fixed in an arbitration decision under Section 83(2) 
may not be made on a ground for a request for reconsideration of the decision under the 
Administrative Appeal Law (Law No. 160 of 1962). 
  IP/N/1/JPN/P/6 
 Page 23 
 
 
  (Arbitration decision on grant of non-exclusive license on one’s own patented invention) 
92. — (1) Where a patented invention falls under a ny of the cases provided for in Section 72, the 
patentee or exclusive licensee may request the ot her person referred to in that section to hold 
consultations on the grant of a non-exclusive license  to work the patented invention or of a non-
exclusive license on the utility model right or the design right. 
(2)  The other person referred to in Section 72 w ho has been requested to hold the consultations 
under the preceding subsection may request the pate ntee or exclusive licensee having requested the 
consultations to hold consultations on the grant of a non-exclusive license within the scope of the 
patented invention which the patentee or exclus ive licensee desires to work by obtaining the non-
exclusive license on the patent right, the utility  model right or the design right through the 
consultations requested by the patentee or exclusive licensee. 
(3)  If no agreement is reached or  no consultation is possible under subsection (1), the patentee or 
exclusive licensee may request the Commissioner of th e Patent Office for an arbitration decision. 
(4)  If no agreement is reached or no consu ltation is possible under subsection (2) and an 
arbitration under the preceding subsection is requested , the other person referred to in Section 72 may 
request the Commissioner of the Patent Office for an  arbitration decision only within the time limit 
which the Commissioner of the Patent Office designa tes as the time limit for the other person to 
submit a written reply in accordance with S ection 84 as applied under subsection (7). 
(5)  If, in the case of subsection (3) or the preceding subsection, the grant of a non-exclusive 
license would unduly injure the interests of the other person referred to in Section 72 or the patentee 
or exclusive licensee, the Commissioner of the Pate nt Office shall not render an arbitration decision 
ordering a non-exclusive license to be granted. 
(6)  In the case of subsection (4) in addition to  the case provided for in the preceding subsection, 
the Commissioner of the Patent Office shall not  render an arbitration decision ordering a non-
exclusive license to be granted if an arbitration d ecision ordering a non-exclusive license to be granted 
is not rendered with respect to the request fo r the arbitration decision under subsection (3). 
(7)  Sections 84, 85(1) and 86 to 91 bis(91-2) shall apply mutatis mutandis to the arbitration under 
subsection (3) or (4). 
 
(Arbitration decision on grant of non-exclusive license in public interest) 
93. — (1) Where the working of a patented inven tion is particularly necessary in the public 
interest, a person who intends to work the inventio n may request the patentee or exclusive licensee to 
hold consultations on the grant of a non-exclusive license. 
(2)  If no agreement is reached or no consulta tion is possible under the preceding subsection, a 
person who intends to work the pa tented invention may request the Minister of Economy, Trade and 
Industry for an arbitration decision. 
(3)  Sections 84, 85(1) and 86 to 91 bis(91-2) shall apply mutatis mutandis to the arbitration under 
the preceding subsection. 
 
(Transfer, etc. of non-exclusive license) 
94.   (1) A non-exclusive license, with the excepti on of one which results from an arbitration 
decision under Section 83(2), 92(3) or (4) or 93(2)  of this Law, Section 22(3) of the Utility Model 
Law or Section 33(3) of the Design Law, may be tr ansferred, but only together with the business in 
which it is worked or only with the consent of th e patentee (or the patentee and exclusive licensee in 
the case of a non-exclusive license on an exclusive license). 
(2)  A non-exclusive licensee may,  except in the case of a non-excl usive license resulting from an 
arbitration decision under Section 83(2), 92(3) or (4) or  93(2) of this Law, Section 22(3) of the Utility 
Model Law or Section 33(3) of the Design Law, establish a pledge on the non-exclusive license, but 
only with the consent of the patentee (or the pa tentee and exclusive licensee in the case of a non-
exclusive license on an exclusive license). 
(3)  A non-exclusive license resulting from an arbitration decision under Section 83(2) or 93(2) 
may be transferred only together with  the business in which it is worked. 
(4)  A non-exclusive license resulting from an arb itration decision under Section 92(3) of this 
Law, Section 22(3) of the Utility Model Law or Sect ion 33(3) of the Design Law shall be transferred 
together with the patent, utility model or design ri ght to which the non-exclusive license is entitled, 
and if such right has been transferred independe ntly from the business in which it is worked or 
extinguished, the non-exclusive license sh all be extinguished simultaneously. 
(5)  A non-exclusive license resulting from an ar bitration decision under Section 92(4) shall be 
transferred together with the patent, utility model or design right to which the non-exclusive license is 
entitled and shall be extinguished at the same time as the patent, utility model right or design right. 
(6)  Section 73(1) shall apply mutatis mutandis to non-exclusive license.  
(Pledges) 
95. — Where a patent right or an exclusive or non-ex clusive license is the subject of a pledge, the 
pledgee may not work the patented inventi on unless otherwise prescribed by contract. IP/N/1/JPN/P/6 
Page 24  
 
   
96. — A pledge on a patent right or an exclusive or non-exclusive license may be exercised against 
the remuneration received as consideration for the patent right or the license or against money or goods that the patentee or exclusive licensee woul d be entitled to receive for the working of the 
patented invention.  However, an attachment orde r shall be obtained prior to the payment or delivery 
of the money or property. 
 
(Surrender of patent right, etc.) 
97. — (1) Where there is an exclusive license e, pledgee or non-exclusive licensee under 
Section 35(1), 77(4) or 78(1), a patentee may surrender his patent right only with the consent of such 
person. 
(2)  Where there is a pledgee or non-exclusive li censee under Section 77(4), an exclusive licensee 
may surrender his license only with the consent of such person. 
(3)  Where there is a pledgee, a non-exclusiv e licensee may surrender his license only with the 
pledgee’s consent. 
 
(Effects of registration) 
98. — (1) The following shall be of no effect unless they are registered: 
(i)   transfers (except those by inheritance or other general succession), extinguishment by 
surrender or restrictions on disposal of a patent right; 
(ii)  the grant, transfer (except those by inhe ritance or other general succession), modification or 
extinguishment (except those resulting from a merger or  the extinguishment of the patent right) of an 
exclusive license, or a restriction on the disposal thereof; 
(iii)  the grant, transfer (except those by inhe ritance or other general succession), modification or 
extinguishment (except those resulting from a merger or the extinguishment of a secured credit) of a 
pledge on a patent right or exclusive license, or a restriction on the disposal thereof. 
(2) Inheritance or other general succession under an y of the preceding paragraphs shall be notified 
to the Commissioner of the Patent Office without delay. 
99. — (1) Once a non-exclusive license has been registered, it sha ll also be effective against 
anyone subsequently acquiring the pa tent right or the exclusive license or an exclusive license on such 
a patent right. 
(2)  A non-exclusive license under Section 35(1), 79,  80(1), 81, 82(1) or 176 shall be effective as 
under the preceding subsection without registration. 
(3)  The transfer, modification, extinguishment or restriction on disposal of a non-exclusive 
license or the grant, transfer, modification, extinguishment or restriction on disposal of a pledge relating to a non-exclusive license shall not be eff ective against any third party unless it is registered. 
 
2.  Infringement  
 
(Injunction) 
100. — (1) A patentee or an exclusive licensee may require a person who is infringing or is likely 
to infringe the patent right or exclusive license to  discontinue or refrain from such infringement. 
(2)  A patentee or an exclusive licensee who is  acting under the preceding subsection may demand 
the destruction of articles by which an act of infringement was committed (including articles manufactured by an act of infringement in th e case of a patented invention of a process of 
manufacture; the same in Section 102(1)), the removal of the facilities used for the act of 
infringement, or other measures necessary to prevent the infringement. 
 
(Acts deemed to be infringement) 
101. — The following acts shall be deemed to be an infringement of a patent right or exclusive 
license: 
(i)   in the case of a patent for an invention of product, acts of manufacturing, assigning, etc., or 
importing or offering for assignment, etc. of, in the c ourse of trade, things to be used exclusively for 
the manufacture of the product; 
(ii)  in the case of a patent for an invention of product, acts of manufacturing, assigning, etc., or 
importing or offering for assignment, etc. of, in the course of trade, articles to be used for the manufacture of the product (excluding those whic h are generally distributed in Japan) and 
indispensable for solving the problems through the in vention concerned, knowing that the invention is 
a patented invention and that the articles are to  be used for the working of the invention. 
(iii) in the case of a patent for an invention of a process, acts of manufacturing, assigning, etc., or 
importing or offering for assignment, etc. of, in the c ourse of trade, things to be used exclusively for 
the working of such invention. 
(iv) in the case of a patent for an invention of a process, acts of manufacturing, assigning, etc., or 
importing or offering for assignment, etc. of, in the c ourse of trade, articles to be used for the use of 
such process (excluding those which are generally di stributed in Japan) and i ndispensable for solving  IP/N/1/JPN/P/6 
 Page 25 
 
 
  the problems through the invention concerned, knowing that the invention is a patented invention and 
that the articles are to be used for the working of the invention. 
 
(Presumption, etc. of amount of damage) 
102. — (1) Where a patentee or exclusive licensee claims, from a person who has intentionally or 
negligently infringed the patent right or exclusive license, compensation for damage caused to him by 
the infringement, and the person’s act is the a ssignment of articles by which the act of the 
infringement was committed, the sum of money with the profit per unit of such articles multiplied by 
the number of articles (hereinafter referred to in  this paragraph as the “number of assigned articles”) 
which the patentee or exclusive licensee could have  sold in the absence of the infringement may be 
estimated as the amount of damage suffered by th e patentee or exclusive licensee within a limit not 
exceeding an amount attainable depending on work ing capability of the patentee or exclusive 
licensee.  Where there is any circumstance that pr events the patentee or exclusive licensee from 
selling part or the whole of the number of assigned articles, a sum equivalent to the number of 
assigned articles subject to that circumstance shall be deducted. 
(2)  Where a patentee or exclusive licensee claims, from a person who has intentionally or 
negligently infringed the patent right or exclusive license, compensation for damage caused to him by 
the infringement, the profits gained by the infringer through the infringement shall be presumed to be 
the amount of damage suffered by th e patentee or exclusive licensee. 
(3)  A patentee or exclusive licensee may cl aim, from a person who has intentionally or 
negligently infringed the patent right or exclusiv e license, an amount of money which he would be 
entitled to receive for the working of the patented  invention, as the amount of damage suffered by 
him. 
(4)  The preceding subsection shall not preclude  a claim to damages exceeding the amount 
referred to therein.  In such a case, where there has been neither willfulness nor gross negligence on 
the part of the person who has infringed the patent right or the exclusive license, the court may take 
this into consideration when awarding damages. 
 
(Presumption of negligence) 
103. — A person who has infringed a patent right or exclusive license of another person shall be 
presumed to have been negligent as far as the act of infringement is concerned. 
 
(Presumption of manufacture by patented process) 
104. — In the case of a patent for an invention of a process of manufacturing a product, where 
such product was not publicly known in Japan prior to  the filing of the patent application concerned, 
any identical product shall be presumed to have been manufactured by that process. 
 
(Obligation to clarify relevant act in concrete manner) 
104bis(104-2).  — In a litigation directed to the infringemen t of a patent right or exclusive license, 
where denying the material allegation made by a patent ee or an exclusive licensee to the effect that an 
act of infringement is committed with reference to an  article or process, the other party shall clarify 
his relevant act in concrete manner.  However, th is provision shall not apply when the other party has 
an adequate reason for preventing him from disclosing the same. 
 (Restriction on exercise of right by patentee, etc.) 
104ter(104-3).  — (1) In a litigation relating to the infringement of patent right or exclusive license, 
the patentee or the exclusive licensee shall not exercise  the right to the other party, where the patent is 
considered to be invalidated on a patent invalidation trial. 
(2)  With respect to the means of attack or de fense under the preceding subsection, the court may, 
upon motion or ex officio, render a ruling of dismis sal, if the submission involving such measures is 
considered to have been made for the purpo se of causing unreasonable delay in the trial. 
 
(Production of documents, etc.) 
105. — (1) In a litigation relating to the infringement of a patent right or exclusive license, the 
court may, upon the request of a party, order th e other party to produce documents necessary for the 
proof of alleged infringement or the assessment of the damages caused by the infringement.  
However, this provision shall not apply when th e person possessing the documents has a legitimate 
reason for refusing to produce them. 
(2)  Where deemed necessary in deciding whether th ere is a good reason referred to in the proviso 
to the preceding subsection, the court may invite  the person possessing the documents to make its 
presentation.  In such a case, no person may re quest the disclosure of the document presented. 
(3)  In the case of the preceding subsection, when it is deemed necessary to hear, by disclosing the 
document referred to in the second sentence of the sa id subsection, the opinion as to whether there is a 
legitimate reason referred to in the proviso to s ubsection (1), the court may disclose the document to 
the party, etc. (the party ―in the case of legal entity, the officer  representing it or the agent of the IP/N/1/JPN/P/6 
Page 26  
 
  party excluding the advocate and assistant ―servant or any other worker, hereinafter referred to as 
“the party, etc.”), advocate or assistant. 
(4) The preceding three subsections shall apply mu tatis mutandis to the presentation of the subject-
matter for the inspection necessary fo r the proof of the alleged infri ngement in a litigation relating to 
the infringement of a patent right or exclusive license. 
 
(Expert opinion for proof of damages) 
105bis(105-2). — In a litigation relating to the infringement of a patent right or exclusive license, 
where the court orders, upon the request from a party, the expert opinion to be given with respect to the matters necessary for the proof of the damages caused by the infringement, the other party shall 
explain to the expert the matters necessar y for the expert opinion to be given. 
 
(Award of reasonable damages) 
105ter(105-3). — Where it is recognized that the damage was caused in a litigation relating to the 
infringement of a patent right or exclusive licen se, the court may award the reasonable amount of 
damages, based on the entire purport of the oral argument and the result of the taking of evidence 
when it is extremely difficult to prove facts necess ary for the proof of damages from the nature of 
such relevant facts. 
 
(Secrecy Order) 
105quater (105-4). — (1) In a litigation relating to the infringe ment of a patent right or exclusive 
license, where it is shown by a prima facie evidence th at the trade secret as defined in Section 2(4) of 
the Law for Repression of Unfair Competition (Law No. 47 of 1993) kept by the party, falls under any 
and all items mentioned below, the court may order, upon a motion from the party, by ruling, the party, etc., advocate and assistant not to use the tr ade secret for the purpose ot her than the purpose of 
prosecuting the litigation or not to disclose the trad e secret to the person other than those ordered 
under this subsection relating to the trade secret. Ho wever, this provision shall not apply where the 
party, etc., advocate, or assistant has been acquire d by means of other than inspection of preparatory 
pleadings referred to in (i) below or examination of evidence or disclosure referred to in (i) below or 
kept the trade secret before the motion was made. 
(i)  the trade secret, kept by the party, described in the preliminary pleadings already produced or 
to be produced, or the trade secret, kept by the pa rty, contained in the subject-matter of the evidence 
(including the document disclosed under S ection 105(3) or paper disclosed under 
Section 105 septies (105-7)(4)), already examined or to be examined; 
(ii)  the existence of necessity for restricting the u se or disclosure of the trade secret referred to in 
(i) above for preventing the business activities of the party from being liable to be disturbed resulting from the use of the trade secret for the purpose ot her than the purpose of pr osecuting the litigation or 
the disclosure of the trade secret concerned.  
(2) A motion for Order under the preceding subsecti on (hereinafter referred to as the “Secrecy 
Order”) shall be in writing, stating the following: 
(i)   a person to receive the Secrecy Order; (ii)  the sufficient facts to identify the trad e secret to be subject to the Secrecy Order; 
(iii)  the facts falling under the preceding subsection (i) or (ii). 
(3) Once the Secrecy Order has b een issued, the copy of the decision shall be transmitted to a 
person who received the Secrecy Order. 
(4) The Secrecy Order shall take effect from th e time when the copy of  the decision has been 
transmitted to a person who received the Secrecy Order. 
(5) An immediate appeal may be made against the court decision which has dismissed the motion 
for the Secrecy Order. 
 
(Cancellation of Secrecy Order) 
105quinquies (105-5). — (1) A person who made a motion for the Secrecy Order or a person who 
received the Secrecy Order may present to the court k eeping the record of the case (where there is no 
court keeping the record of the case, the cour t which issued the Secrecy Order) a motion for 
cancellation of the Secrecy Order on the ground that the requirement was not satisfied under Section 
105quater (105-4)(1) or said requirement came not to be satisfied. 
(2) Once the court decision with respect to the motion for cancellation of the Secrecy Order has 
been made, the copy of the decision shall be tr ansmitted to a person who made the motion and the 
other party. 
(3) An immediate appeal may be made against th e court decision with respect to the motion for 
cancellation of the Secrecy Order.    
(4) The court decision to cancel the Secrecy Order sh all not take effect before it has become final 
and conclusive. 
(5) Where the court decision was rendered for can celing the Secrecy Order, when there is the 
person who made the motion for canceling the Secrecy Order or the person who received the Secrecy Order pertaining to the trade secret concerned in th e litigation in which the Secrecy Order was issued  IP/N/1/JPN/P/6 
 Page 27 
 
 
  to the person other than the other party, the court shall immediately give such person the notice to the 
effect that the court decision was to be  rendered for canceling the Secrecy Order. 
 
(Notice, etc. of request for inspection of record of case, etc.) 
105sexies (105-6). — (1) Where the ruling under Section 92(1) of the Code of Civil Procedure 
(Law No. 109 of 1996) was rendered with respect to  the record of trial involving the litigation 
(excluding the litigation in which all the Secrecy Or ders were cancelled) in which the Secrecy Order 
was issued, when the request was made by the party for the inspection of the part of trial record in 
which the secret was written or recorded (hereinafter  referred to as “classified part”) referred to in 
Section 92(1) of said Code, a person who took the procedure therefor is the person who has not 
received the Secrecy Order in the litigation, the cour t clerk shall, immediately after the request made, 
notify the party who made the motion under Article  92(1) of said Code (excluding the person who 
made the request—the same in subsection (3)) that the request was made. 
(2) In the case of the preceding subsection, duri ng the period between the day when the request 
under the same subsection was made and the day when  two weeks have passed thereafter (where the 
motion for the Secrecy Order was made to the person  who took the procedure for the same request by 
that date, by the time when the trial decision pe rtaining to the motion therefor becomes final and 
conclusive), the court clerk shall not allow inspec tion, etc. by the person who took the same request 
pertaining to the classified part. 
(3) The preceding two subsections shall not appl y when all parties who took the motion under 
Section 92(1) of the Code of Civil Procedure give consent to the inspection, etc. of the classified part by the person who took the request under subsection (1). 
 
(Suspension of examination of party, etc. at open court) 
105septies (105-7). — (1) Where the party, etc. in the litigation involving the infringement of 
patent right or exclusive license, with respect to the matter which constitutes the basis for judging as 
to there is an infringement or non-infringement and which falls under the trade secret held by the 
party, is examined as the party himself, legal re presentative or witness, when the court unanimously 
considers that the party, etc. may make a sufficien t statement of the matter concerned made at the 
open court by the party, etc. shall apparently cause a serious obstacle to business activities of the party 
being carried out under the trade secret and may not  conduct the proper trial, by the other evidence 
only, of an infringement or non-infringement of pate nt right or exclusive license constituting the basis 
for judging the matter concerned for the lack of the statement concerned, the court may, by ruling, 
conduct the examination of the matter concerned privately. 
(2) Before rendering the ruling under the preceding s ubsection, the court shall hear the opinions of 
the party, etc. in advance. 
(3) In the case of the preceding subsection, the court may cause the party, etc., if deemed 
necessary, to present the documents stating the gist of the matters to be stated.  In such case, no 
person may request for the disclosure of the documents presented. 
(4) The court may cause the party, etc., legal repres entative or assistant to present the documents in 
the second sentence of the preceding subsection, when  considering it necessary to hear the opinions 
thereof disclosing the documents concerned. 
(5) In order to examine the matters concerned priv ately under subsection (1), the court shall declare 
to such effect together with the reason therefor  before causing the public to withdraw from the 
courtroom.  When the examination of the matters concerned is terminated, the court shall cause the 
public to be admitted to the courtroom again. 
 
(Measures for recovery of reputation) 
106. — Upon the request of a patentee or an exclusive licensee, the court may, in lieu of damages 
or in addition thereto, order a person who has injured the busin ess reputation of the patentee or 
exclusive licensee by infringing the patent right or exclusive license, whether intentionally or 
negligently, to take the measures necessary for the recovery of the business reputation. 
 
3.  Annual Fees  
 
(Annual fees) 
107. — (1) A person who obtains registration of the est ablishment of a patent right or a patentee 
shall pay, as annual fees, the amount specified in  the right-hand column of the following table 
corresponding to the relevant period in the left-ha nd column, for each case and for each year from the  IP/N/1/JPN/P/6 
Page 28  
 
  date of the registration of the establishment of the pa tent right to the expiration of the term (where the 
term is extended by virtue of Section 67(2),  the added extension term) under Section 67(1): 
 
Division of year Amounts 
First to third year Annually, ¥2,600 plus ¥200 per claim 
Fourth to sixth year Annually, ¥8,100 plus ¥600 per claim 
Seventh to ninth year Annually, ¥24,300 plus ¥1,900 per claim 
Tenth to twenty-fifth year Annually, ¥81,200 plus ¥6,400 per claim 
 
(2)  The preceding subsection shall not apply to patent right belonging to the State. 
(3) Where the State or other person(s) including a person who has the annual fee reduced or 
exempted under Section 109 or other laws (hereinafter referred to as “reduction or exemption” in this 
subsection) jointly own a patent right and there is an agreement with respect  to their shares of the 
right, the annual fees under subsection (1), notwithst anding said subsection, shall be the sum obtained 
by the aggregate addition of the sum multiplied by the ratio of their shares to the sum of annual fees 
under said subsection (in the case of the person who has annual fees reduced or exempted, the amount 
thereof after reduced or exempted) provided for each joint owner other than the State in said 
subsection, and such sum shall be paid by the person(s) other than the State. 
(4)  Where the amount of the annual fees calculat ed in accordance with the preceding subsection 
has a fractional figure less than 10 yen, that fractional figure shall be discarded. 
(5)  The payment of the annual fees under subsecti on (1) shall be made by patent revenue stamps 
as prescribed by an ordinance of the Ministry of Economy, Trade and Industry.  However, wherever 
so prescribed by an ordinance of the Ministry of Economy, Trade and Industry, such payment may be made in cash. 
 
(Time limit for payment of annual fees) 
108. — (1) The annual fee for each year from the first to third year under Section 107(1) shall be 
paid in a lump sum within 30 days from the date of transmittal of the examiner’s decision or the trial 
decision that the patent is to be granted. 
(2)  The annual fee for each year from the fourth and subsequent years unde r Section 107(1) shall 
be paid during the preceding year or prior thereto.   However, where the date of transmittal of the 
examiner’s decision or trial decision that the registra tion of an extension of the term of a patent right 
is to be made (hereinafter referred to in this sub section as the “date of transmittal”) is later than a date 
which is thirty days prior to the last day of the y ear in which the day of the expiration of the patent 
right would fall if there had been no registration of an extension, the annual fee shall be paid in lump 
sum, for each year from the year following that year to the year in which the date of transmittal falls 
(where there are less than thirty days from the date of  transmittal to the last day of the year in which 
the day of transmittal falls, to the year following th at year in which the date of transmittal falls). 
(3)  Upon the request of a person liable to pay an annual fee, the Commissioner of the Patent 
Office may extend the period prescribed in sub section (1) by a period not exceeding 30 days. 
 
(Reduction or deferment of payment of annual fees or exemption therefrom) 
109. — Where the Commissioner of the Patent Offi ce recognizes that a person who is mentioned 
below and falls under the requirement prescribed by Ca binet Order for a person to be short of funds 
cannot afford to pay the annual fees, he may reduce the annual fees for each year from the first to the 
third year under Section 107(1), exempt him therefro m or grant him deferment of payment thereof as 
prescribed by Cabinet Order: 
(i)   the inventor of the patented invention or the inventor’s heir; (ii)  the employer etc., who has succeeded to the right to obtain a patent from the employee, etc., 
where the patent invention is an employee’s invent ion made by the employee, etc., as referred to in 
Section 35(1) and where it is provided in advan ce in a contractual provision, service regulation or 
other stipulation that the right to obtain a patent shall pass to the employer, etc. 
 
(Payment of annual fees by an interested person) 
110. — (1) An interested person may pay an annual f ee even against the will of the person liable to 
pay. 
(2)  An interested person who has paid an annua l fee in accordance with the preceding subsection 
may demand reimbursement of the expenditure to the extent that the person liable to pay is actually 
making a profit. 
 
(Refund of annual fees) 
111. — (1) Annual fees shall be refunded, upon the re quest of the person who paid them, only in 
the following cases:  IP/N/1/JPN/P/6 
 Page 29 
 
 
  (i)   annual fees paid by mistake or in excess; 
(ii)  the annual fees for the year following the year in which a trial decision that the patent is to be 
invalidated became final and conclusive and subsequent years; 
(iii)  The annual fee for the year following the year  in which the trial decision that the registration 
of an extension of the term of a patent right is to be invalidated became final and conclusive, and 
subsequent years (limited to that for the year follo wing the year in which the day of the expiration of 
the term of the patent right would fall if ther e had been no registration of the extension and 
subsequent years). 
(2)  No refund of annual fees under the preceding subsection may be requested after one year 
from the date of payment in the case of annual f ees under paragraph (i) above, or after six months 
from the date on which a trial decision became fi nal and conclusive in the case of annual fees under 
paragraphs (ii) and (iii) above. 
 
(Late payment of annual fees) 
112. — (1) Where a patentee is unable to pay an a nnual fee within the time limit prescribed in 
Section 108(2) or within the time limit for de ferred payment under Section 109, he may pay the 
annual fee belatedly within six months fro m the expiration of that time limit. 
(2)  In the case of late payment of an annual f ee in accordance with the preceding subsection, the 
patentee shall, in addition to the annual fee provide d for in Section 107(1), pay a surcharge of the 
same amount as the annual fee. 
(3)  The payment of the surcharge under the precedi ng subsection shall be ma de by patent revenue 
stamps as prescribed by an ordinance of the Mini stry of Economy, Trade and Industry.  However, 
wherever so prescribed by an ordinance of the Ministry of Economy, Trade and Industry, such 
payment may be made in cash. 
(4)  Where a patentee fails to pay within the ti me limit for late payment under subsection (1) an 
annual fee due by the time limit prescribed in the principal sentence of Section 108(2) as well as the 
surcharge under subsection (2), the patent right shall be deemed to have been extinguished 
retroactively from the time of the expiration of the time limit prescribed in the principal sentence of 
Section 108(2). 
(5)  Where a patentee fails to pay an annual fee under Section 108(2) and the surcharge under 
subsection (2) within the time limit for late paym ent under subsection (1), the patent right shall be 
deemed to have been extinguished retroactively from the time of the lapsing of the year in which the 
day of the expiration of the term of the patent right  would fall if there had been no registration of the 
extension. 
(6)  Where a patentee fails to pay an annua l fee whose payment has been deferred under 
Section 109, and the surcharge unde r subsection (2), within the time limit for late payment under 
subsection (1), the patent right shall be deemed never to  have existed. 
 
(Restoration of patent right by late payment of annual fees) 
112bis(112-2).  — (1) Where the patent right is one whic h was deemed to have been extinguished 
under Section 112(4) or (5) or which was deemed ne ver to have existed unde r Section 112(6) and the 
owner of the extinguished patent right is unable to  pay an annual fee and su rcharge belatedly within 
the time limit for late payment under Section 112(1) due to reasons outside his control, he may pay 
the annual fee and surcharge referred to  in Section 112(4) to (6) within 14 days (where he is a resident 
abroad, within two months) from the date on which th e reasons ceased to be applicable but not later 
than six months following the expiration of the said time limit. 
(2)  Where the annual fee and surcharge have  been paid in accord ance with the preceding 
subsection, the patent right shall be  deemed to have been maintained retroactively from the time of the 
expiration of the time limit prescribed in the principal sentence of Section 108(2) or the lapse of the 
year in which the day of the expiration of the te rm of the patent right falls or existed from the 
beginning. 
 
(Restriction on effects of patent right restored) 
112ter(112-3).  — (1) Where a patent right has been restored under Section 112 bis(112-2)(2), if the 
patent has been granted for the invention of a produc t, the effects of the patent right shall not extend 
to the product which was imported into, or manufactur ed or acquired in Japan after the expiration of 
the time limit for late payment under Section 112(1) but before the registration of the restoration of 
the patent right. 
(2)  The effects of patent right restored under Section 112 bis(112-2)(2) shall not extend to the 
following acts after the expiration of the time lim it for late payment under Section 112(1) but before 
the registration of the restoration of the patent right: 
(i)   the working of the invention; (ii)  in the case of a patent for an invention of product, acts of manufacturing, assigning, etc., or 
importing or offering for assignment, etc. of, articl es to be used for the manufacture of the product; 
(iii)  in the case of a patent for an invention of  a process, acts of manufacturing, assigning, etc., or 
importing or offering for assignment, etc. of, articles to be used for the working of the invention. 
 IP/N/1/JPN/P/6 
Page 30  
 
  Chapter V — Deleted  
 
113. —  Deleted (to 120 sexies (120-6).)  
 
Chapter VI — Trial 
 
(Appeal trial against examiner’s refusal) 
121. — (1) A person who has received the examiner’s d ecision that his application is to be refused 
and is dissatisfied may demand an appeal trial against examiner’s refusal within 30 days from the transmittal of the examiner’s decision. 
(2)  Where, due to reasons outside his control, a person is unable to demand an appeal trial against 
examiner’s refusal within the time limit under the preceding subsection, he may, notwithstanding that 
subsection, make the demand within 14 days (where he is a resident abroad, within two months) from 
the date when the reasons ceased to be applicable but not late r than six months, following the 
expiration of the said time limit. 
 122. — Deleted  
 
(Patent invalidation trial) 
123. — (1) Where a patent falls under the requireme nts of any of the following paragraphs, a 
patent invalidation trial may be dema nded for the invalidation of the patent.  In this context, if there 
are two or more claims, a trial may be demanded for each claim; 
(i)   where the patent has been granted on a pate nt application (excluding a foreign language file 
application) with an amendment which does not comply with Section 17 bis(17-2)(3); 
(ii)  where the patent has been granted contrary to Section 25, 29, 29 bis(29-2), 32, 38 or 39(1) to 
(4); 
(iii)  where the patent has been granted contrary to the provisions of a treaty; (iv) where the patent has been granted on a patent  application which does not comply with Section 
36(4)(i) or (6) (excluding paragraph (iv)); 
(v)  where the features disclosed in the description, patent claim(s) or drawing(s) attached to the 
request with respect to the patent under a foreign la nguage file application does not remain within the 
scope of the features disclosed in the foreign language file; 
(vi)  where the patent has been granted on a pate nt application filed by a person who is not the 
inventor and has not succeeded to the right to obtain a patent for the invention concerned; 
(vii) where, after the grant of the patent, the patentee has become a person who can no longer 
enjoy a patent right under Section 25 or the patent no longer complies with a treaty; 
(viii) where the correction of the description, patent claim(s) or drawing(s) attached to the request 
with respect to the patent has been made contrary to the proviso to Section 126(1), or Section 126(3) 
to (5) (including its application under Section 134 bis(5)) or the proviso to Section 134 bis(1). 
(2)  Any person may demand a pate nt invalidation trial.  However, a demand for the trial on the 
ground that a patent falls under the preceding subsecti on (ii) (limited to a patent granted contrary to 
Section 38) or said subsection (vi) may be  demanded only by an interested person. 
(3)  Even after the extingushment of a patent ri ght, a patent invalidation trial may be demanded. 
(4) Where a patent invalidation trial has been dema nded, the trial examiner-in-chief shall notify the 
exclusive licensee with respect to the patent right and other persons who have any registered rights 
relating to the patent accordingly. 
 124. — Deleted  
 125. — Where a trial decision that a patent is to be  invalidated has become final and conclusive, 
the patent right shall be deemed  never to have existed.  Howe ver, where a patent falls under 
Section 123(1)(vii) and a trial decision that the pate nt is to be invalidated has become final and 
conclusive, the patent right shall be  deemed not to have existed from the time when the patent first fell 
under that paragraph. 
 
(Extended registration invalidation trial) 
125bis(125-2). — (1) An extended registration invalid ation trial may be demanded if the 
registration falls under any of the following paragraphs: 
(i)   where the registration of an extension has been  effected in respect of an application filed in 
the case when it is not deemed that the obtaining of the disposition as provided for in Cabinet Order 
referred to in Section 67(2) was necessary fo r the working of the patented invention; 
(ii)  where the registration of an extension has been  effected in respect of an application filed in 
the case when the disposition as provid ed for in Cabinet Order referre d to in Section 67(2) was not 
obtained by the patentee, or an exclusive licensee or  a registered non-exclusive licensee relating to the 
patent;  IP/N/1/JPN/P/6 
 Page 31 
 
 
  (iii)  where the term of an extension through th e registration of the extension exceeds the period of 
time during which the patented invention could not be worked; 
(iv)  where the registration of an extension has b een effected on an application by a person who is 
not the patentee concerned; 
(v)  where the registration of an extension has been effected on an application which did not 
comply with Section 67 bis(67-2)(4). 
(2)  Section 123(3) and (4) shall apply muta tis mutandis to the demand for an extended 
registration invalidation trial. 
(3)  Where a trial decision that the registration of  an extension is to be invalidated has become 
final and conclusive, the extension of the term th rough the registration of the extension shall be 
deemed never to have existed.  However, wher e the registration of the extension falls under of 
subsection (1)(iii) and the trial decision that the regi stration of the extension of the term exceeding the 
period of time during which the patented invent ion could not be worked has become final and 
conclusive, the extension of the term exceeding the said period of time shall be deemed not to have 
existed. 
 (Correction trial) 
126. — (1) The patentee may demand a correction tria l for making a correction of the description, 
patent claim(s) or drawing(s) attached to the request .  However, such correction shall be limited to the 
following: 
(i)   the restriction of claim(s); (ii)  the correction of errors in the description or of incorrect translations; 
(iii)  the clarification of an ambiguous description. 
(2)  A correction trial may not be demanded duri ng the period between the time when the patent 
invalidation trial has come to be pending before the Patent Office and the time when the trial decision 
has become final and conclusive.  However, this  provision shall not apply during the period of 90 
days from the date when an action against the tria l decision was instituted with respect to a patent 
invalidation trial (excluding the period after a court’s decision annulling a trial decision under 
Section 181(1) or (2) has been final and conclusive). 
(3)  The correction of the description, patent cl aim(s) or drawing(s) under subsection (1) shall 
remain within the scope of the features disclosed in  the description, patent claim(s) or drawing(s) 
attached to the request [in the case of those intended for the object referred to in paragraph (ii) of the 
proviso to the subsection (1), the description, patent claim(s) or drawing(s) originally attached to the 
request (in the case of a patent granted on a foreign language file application, the foreign file language 
file)]. 
(4) The correction of the description, patent claim(s) or drawing(s) under subsection (1) may not be 
such as to substantially enla rge or modify the claim(s). 
(5)  In the case of correction intended for the object  referred to in paragraph (i) or (ii) of the 
proviso to the subsection (1), an invention define d by the features stated in the patent claim(s) 
corrected must be one which could have been patented  independently at the time of filing of the patent 
application. 
 (6) A correction trial may be demanded even after the extinguishment of the patent right. 
However, this provision shall not apply after the pa tent has been invalidated on a patent invalidation 
trial. 
 127. — Where there is an exclusive licensee, a pledgee or a non-exclusive licensee under 
Section 35(1), 77(4) or 78(1), the patentee may de mand a correction trial only with the consent of 
such person. 
 128. — Where a trial decision that the description, pate nt claim(s) or drawing(s) attached to the 
request are to be corrected has become final and conc lusive, the patent application, the laying open of 
the application, the examiner’s decision or the trial decision that the patent is to be granted, or the 
registration of establishment of the patent right shall be deemed to have been made on the basis of the 
corrected description, patent claim(s) or drawing(s). 
 129. — Deleted  
 
130. — Deleted  
 
(Formal requirements of demands for trial) 
131. — (1) A person demanding a trial shall submit a written demand to the Commissioner of the 
Patent Office stating the following: 
(i)   the name and the domicile or residence of the demandant and his representative; (ii)  an identification of the trial case; (iii)  the relief sought in the demand and the grounds therefor. IP/N/1/JPN/P/6 
Page 32  
 
  (2)  In the case where a demand for the patent i nvalidation trial is made, the grounds for the 
demand under the paragraph (iii) of the preceding subsection shall concretely specify the fact 
constituting the grounds for invalidating the patent a nd state its relationship with the evidence for each 
fact required to be proven. 
(3)  When a correction trial is demanded, the corr ected description, patent claim(s) or drawing(s) 
shall be attached to the written demand. 
 
(Amendment to written demand) 
131bis.(131-2)  — (1) An amendment to the written demand submitted under Section 131 (1) shall 
not change the gist thereof.  However, this provi sion shall not apply to the amendment made to the 
grounds for the demand under Section 131(1)(iii) excep t in the case where a de mand is made for the 
trial other than the patent invalidation trial or wh en a permission was granted by the trial examiner-in-
chief under the following subsection. 
(2) Where an amendment made to the grounds for the demand under Section 131(1)(iii) changes 
the gist thereof, the trial examiner-in-chief may permit the amendment by a ruling, when there is 
clearly no apprehension that the amendment does not cause unreasonable delay in the trial and the 
amendment is recognized by him to fall under any of the following paragraphs; 
(i)  where the demand for correction under Section 134 bis(1) is made in the patent invalidation 
trial, it is necessitated thereby to make an  amendment to the ground for the demand. 
(ii)  where there are the justifiable reasons for omitting the statement with respect to the grounds 
for the demand relating to relevant amendment in the written demand at the time when the demand 
was filed, in addition to the case referred to in the preceding paragraph, and when the defendant has 
agreed to the amendment concerned. 
(3) The permission of the amendment under preced ing subsection shall not be granted when the 
written amendment was filed prior to the transm ission of the written demand under Section 134(1). 
(4) No appeal shall lie from a ruling under subsection (2). 
  (Joint trial) 
132. — (1) Where two or more persons demand a patent invalidation trial or an extended 
registration invalidation trial concerning to the sa me patent right, the demand may be made jointly. 
(2)  Where a trial is demanded against any of the joint owners of a patent right, all the joint 
owners shall be made defendants. 
(3)  Where the joint owners of a patent right or a right to obtain a patent demand a trial concerning 
the right under joint ownership, the demand sh all be made jointly by all the joint owners. 
(4)  Where there is a ground for interruption or susp ension of the trial proceedings on the part of 
one of the demandants under subsection (1) or th e preceding subsection or one of the defendants 
under subsection (2), the interruption or susp ension shall have effect on all of them. 
 
(Dismissal by ruling in the case of non- compliance with formal requirements) 
133. — (1) Where a demand for a trial does not comp ly with Section 131, the trial examiner-in-
chief shall invite the demandant to make an am endment the demand, designating an adequate time 
limit. 
(2)  Subject to preceding subsection, the trial ex aminer-in-chief may invite an amendment to a 
procedure relating to a trial, designating an adequate time limit, in the filing case: 
(i)   when the requirements of Section 7(1) to (3) or 9 have not been complied with; 
(ii)  when the formal requirements specified in this Law or in an order or ordinance thereunder 
have not been complied with; 
(iii)  when the fees to be paid under Section 195( 1) or (2) has not been paid with respect to a 
procedure. 
(3)  The trial examiner-in-chief may dismiss a pr ocedure relating to a trial by a ruling when a 
person whom he has invited to make an am endment in accordance with the preceding two 
subsections, fails to do within the time limit d esignated in accordance with said subsections or the 
amendment does not comply with Section 131 bis(131-2)(1). 
(4)  A ruling under the preceding subsection sha ll be in writing and shall state the reasons 
therefor. 
 
(Dismissal of irregular procedure) 
133bis(133-2).  — (1) The trial examiner-in-chief may dismiss a irregular procedure relating to a 
trial (excluding a demand for a trial) by a ruling which cannot be amended. 
(2)  When the trial examiner-i n-chief intends to dismiss the procedure in accordance with the 
preceding subsection, he shall notif y the person who is proceeding of  the reasons for dismissal and 
give him an opportunity to submit a statement of e xplanation, designating an adequate time limit. 
(3)  A ruling under subsection (1) shall be in writing and state the reasons therefor.   IP/N/1/JPN/P/6 
 Page 33 
 
 
  (Submission of written reply, etc.) 
134. — (1) When a trial has been demanded, the tr ial examiner-in-chief shall transmit to the 
defendant a copy of the written demand and shall gi ve him an opportunity to submit a written reply by 
designating an adequate time limit. 
(2)  When a trial examiner-in-chief permits an  amendment to be made to the written demand 
under Section 131 bis(2), he shall transmit to the defendant  a copy of the written amendment relating 
to relevant amendment and shall give the defend ant an opportunity to submit a written reply.  
However, this provision shall not apply in case where there are special circumstances recognized 
unnecessary for giving the defendant an opportunity to submit a written reply. 
(3) When a trial examiner-in-chief receives a wr itten reply referred to in subsection (1) or the 
principal sentence of the preceding subsection, he shall transmit to the defendant a copy of said 
written reply. 
(4)  The trial examiner-in-chief may examine the pa rties and intervenors with respect to the trial. 
 
(Demand for correction in patent invalidation trial) 
134bis (134-2). — (1) A defendant in the patent invalida tion trial may demand a correction of the 
description, patent claim(s) or drawing(s) attached to the request only within the time limit designated 
in accordance with Section 134(1) or (2), Section 134 ter(1) or (2) or Section 153(2).  However, such 
correction shall be limited to the following: 
(i)  the restriction of a patent claim or claims, (ii)  the correction of errors or incorrect translation therein, (iii) the clarification of an ambiguous statement therein. 
(2) When a trial examiner-in-chief receives a written demand for correction under the preceding 
subsection or a corrected description, patent claim( s) or drawing(s) attached to said written demand, 
he shall transmit to the demandant a copy thereof. 
(3) A trial examiner-in-chief may examines even  the grounds not pleaded by a party or an 
intervenor with respect to the fact that the demand for a correction under subsection (1) is not 
intended for any of the matters in the proviso of said subsection or it does not complies with Section 126(3) to (5) as applied under this Section (5).  In this case, when not allowing said demand for 
correction on the relevant ground, the examiner-in-ch ief shall notify the parties and intervenors of the 
result of the trial examination and give them an opportunity to state their opinion thereon, designating 
an adequate time limit. 
(4) Where a demand for correction under subsection (1) has been made, and when, with respect to 
the trial thereof, there is a demand for correction pr eviously made in the trial thereof, the relevant 
previous demand shall be deemed withdrawn. 
(5) Sections 126(3) to (6), 127, 128, 131(1) and (3), 131 bis(1) and 132(3) and (4) shall apply 
mutatus mutandis to the case under subsection (1).  In such a case, “in the case of paragraphs (i) and 
(ii) of the proviso to subsection (1 )” in Section 126(5) shall read “par agraphs (i) and (ii) the proviso to 
subsection (1) with respect to the claim(s) for wh ich a patent invalidation trial is not demanded”. 
 
(Demand for correction in case where a nnulling court decision, etc. rendered) 
134ter(134-3). — (1) Where a court decision annulling a trial decision (limited to the decision not 
allowable) in a patent invalidation trial under S ection 181(1) has become final and conclusive, and 
when a trial examination is to be commenced unde r said Section (5), a trial examiner-in-chief may 
designate, only when a motion has been made by the defendant within a week from date for which 
that court decision has become final and conclusive , an adequate time limit to make a demand for 
correction of a description, patent claim(s) or drawin g(s) attached to the request for the defendant.   
(2) Where a court decision annulling under Secti on 181(2) has become final and conclusive, and 
when a trial examination is to be commenced under said Section (5), a trial examiner-in-chief shall 
designate an adequate time limit to make a demand for correction of a description, patent claim(s) or 
drawing(s) attached to the request for the defendant .  However, this provision shall not apply in the 
case where, at the time when the trial examinati on commenced, the trial decision with respect to the 
correction trial which was demanded within the time lim it referred to in the proviso to Section 126(2) 
in the trial concerned has become final and conclusive. 
(3) Where a defendant of patent invalidation tria l has been made a demand for a correction trial 
within the time limit referred to in proviso to Section 126(2), and when he make the demand for 
correction under Section 134 bis(134-2)(1) within the time limit designated in accordance with the 
preceding two subsections, he may cite the corrected  description, patent claim(s) or drawing(s) 
attached to the written demand for the correction trial. 
(4) Where a demand for a correction trial was made w ithin the time limit referred to in the proviso 
to Section 126(2), and when the demand for correction under Section 134 bis(1) is made within the 
time limit designated in accordance with subsection (1) or (2), that demand for the correction trial 
shall be deemed to have been withdrawn.  Howe ver, this provision shall not apply in the case where 
the trial decision with respect to the correction trial has become final and conclusive at the time when 
the correction trial was made. 
(5) Where a demand for a correction trial was made w ithin the time limit referred to in the proviso 
to Section 126(2), and when a demand for correction under Section 134 bis(1) failed to make the IP/N/1/JPN/P/6 
Page 34  
 
  demand for correction within the time limit designate d in accordance with subsection (1) or (2), the 
demand for correction under Section 134 bis(1) cited for the corrected description, patent claim(s) or 
drawing(s) attached to the written demand for the correction trial shall be deemed to have been made 
at the time on the last day of the time limit.  However, this provisions shall not apply in the case where the trial decision with respect to the correcti on trial has become final and conclusive at the time 
on the last day of the time limit. 
  (Dismissal of irregular demand by trial decision) 
135. — An irregular demand for a trial which canno t be amended may be dismissed by a trial 
decision without giving the defendant an opportunity to submit a written reply. 
 
 (Collegial system in trial) 
136. — (1) A trial shall be conducted by a collegial  body of three or five trial examiners. 
(2)  The collegial body referred to in subsection (1 ) shall take its decisions by a majority vote. 
(3)  The qualification of trial examiners shall be prescribed by Cabinet Order. 
 
(Designation of trial examiners) 
137. — (1) For each trial (but in the case of a tr ial where the examiner examines a demand in 
accordance with Section 162, only when a report under Section 164(3) has been made), the Commissioner of the Patent Office shall designate the trial examiners constituting the collegial body 
under Section 136(1). 
(2)  When any trial examiner designated in acco rdance with the preceding subsection is unable to 
participate in the trial, the Commissioner of the Pa tent Office shall relieve him of such designation 
and appoint another trial examiner to take his place. 
 
(Trial examiner-in-chief) 
138. — (1) The Commissioner of the Patent Office shall designate one of the trial examiners 
designated under Section 137(1) as the trial examiner-in-chief. 
(2)  The trial examiner-in-chief shall pr eside over matters relating to the trial. 
 
(Exclusion of trial examiners) 
139. — In any of the following cases, trial examin ers shall be precluded from performing their 
functions: 
(i)   where the trial examiner or his spouse or fo rmer spouse is or was a party or an intervenor; 
(ii)  where the trial examiner is or was a relativ e by blood within the fourth degree, a relative by 
affinity within the third degree or a relative  cohabiting with a party or an intervenor; 
(iii)  where the trial examiner is a guardian, a supe rvisor of the guardian, a curator, a supervisor of 
the curator, an assistant or a supervisor of  the assistant of a party or an intervenor; 
(iv)  where the trial examiner has become  a witness or an expert witness in the case; 
(v)  where the trial examiner is or was a representative of a party or an intervenor; 
(vi)  where the trial examiner participated as an  examiner in the examiner’s decision which is 
challenged in the case; 
(vii) where the trial examiner has a direct interest in the case. 
 140. — Where there is a ground for exclusion under Section 139, a party or an intervenor may 
present a motion of exclusion. 
 
 (Challenge of trial examiner) 
141. — (1) Where there are circumstances preventing a fa ir trial on the part of a trial examiner, a 
party or an intervenor may challenge him. 
(2)  After he has made a written or oral statemen t to a trial examiner with regard to the case, a 
party or an intervenor may not challenge him.  However, this provision shall not apply where the 
party or intervenor did not know that there was a ground for challenge or where a ground for 
challenge arose subsequently. 
 
(Formal requirements of motion of exclusion or challenge) 
142. — (1) A person who presents a motion of exclusi on or challenge shall submit a document to 
the Commissioner of the Patent Office setting forth th e grounds therefor.  However, in the oral trial 
examination, this procedure may be carried out orally. 
(2)  The ground for exclusion or challenge shall be  substantiated within three days from the date 
on which the motion under the preceding subsection was pr esented.  This provision shall also apply in 
the case of the proviso to Section 141(2). 
  IP/N/1/JPN/P/6 
 Page 35 
 
 
  (Ruling on motion of exclusion or challenge) 
143. — (1) When a motion of exclusion or challenge has been made, the trial examiners other than 
the trial examiner concerned in the motion shall rend er a ruling thereon through a trial.  However, the 
trial examiner concerned in the motion may state his opinion. 
(2)  The ruling under the preceding subsection shall be in writing and state the reasons therefor. (3)  No appeal shall lie from the ruling under subsection (1).  144. — When a motion of exclusion or challenge has been presented, the trial proceedings shall be 
suspended until a ruling thereon.  However, this pr ovision shall not apply to matters requiring urgent 
attention. 
 
(Trial clerk) 
144bis(144-2).  — (1) For each trial (but in the case of  a trial where the examiner examines a 
demand in accordance with Section 162, only when a report under Section 164(3) has been made), the 
Commissioner of the Patent Office shall designate the trial clerk. 
(2)  The qualification of trial clerk sh all be prescribed by Cabinet Order. 
(3)  When the trial clerk designa ted in accordance with subsection (1) is unable to participate in 
the trial, the Commissioner of the Patent Office sh all relieve him of such designation and designate 
another trial clerk to take his place. 
(4)  The trial clerk will do the office for prepar ing records and their transmittal as well as the other 
office under the direction of the trial examin er-in-chief with respect to the trial. 
(5)  Sections 139 (excluding paragraph (vi)) a nd 140 to 144 shall apply mutatis mutandis to the 
trial clerk.  In such a case, the trial clerk who is  concerned in the motion of exclusion or challenge, 
may not participate in the trial with respect to the exclusion or challenge. 
 
(Conduct of trial examination) 
145. —(1) The patent invalidation trial and exte nded registration invalid ation trial shall be 
conducted by oral trial examination.  However, th e trial examiner-in-chief may decide to conduct the 
trial by documentary examination on a motion by a party or an intervenor or ex officio. 
(2) Trials other than the trial under the precedi ng subsection shall be conducted by documentary 
examination.  However, the trial examiner-in-ch ief may decide to conduct the trials by oral 
examination on a motion by a party or ex officio. 
(3) Where a trial is conducted by oral examination in accordance with subsection (1) or the proviso 
to the preceding subsection, the trial examiner-i n-chief shall fix the date and place thereof and 
summon the party and the intervenor. 
(4) Section 94 of the Code of Civil Procedur e (summon on a fixed date) shall apply mutatis 
mutandis to a summon on a fixed date as prescribed in the preceding paragraph. 
(5) The oral examination under subsection (1) or th e proviso to subsection (2) shall be conducted in 
public.  However, this provision shall not apply wher e public order or morality is liable to be injured 
thereby. 
 146. — Section 154 (attendance of an interpreter, etc. ) of the Code of Civil Procedure shall apply 
mutatis mutandis to the trial. 
 
(Records) 
147. — (1) With respect to a trial by oral examination under Section 145(1) or the proviso to 
Section 145(2), the trial clerk shall prepare the record  setting forth the gist of the trial examination and 
other necessary matters whenever a trial take place. 
(2) Where the trial clerk is ordered by the trial exam iner-in-chief with respect to the preparation of 
the record or the change in the record, if he r ecognizes that the preparation or the change is not 
legitimate, he may add his opinion. 
(3) Section 160(2) and (3) (record of oral argumen t) of the Code of Civil Procedure shall apply 
mutatis mutandis to the record under subsection (1). 
 
(Intervention) 
148. — (1) Any person who may demand a trial under Section 132(1) may intervene in the trial as 
a demandant until the conclusion of the trial. 
(2) An intervenor under the preceding subsection may continue the trial proceedings even after the 
demand for the trial has been withdrawn by the original party. 
(3) Any person who has an interest in the result of the trial may intervene in the trial, in order to 
assist one of the parties, until the conclusion of the trial. 
(4) An intervenor under the preceding subsection may initiate and take part in any procedure 
relating to the trial. IP/N/1/JPN/P/6 
Page 36  
 
  (5) Where there is a ground for interruption or susp ension of the trial proceedings on behalf of the 
intervenor under subsection (1) or (3), the interruptio n or suspension shall also be effective against the 
original party. 
 149. — (1) A person desiring to intervene shall s ubmit a written demand to intervene to the trial 
examiner-in-chief. 
(2) Where a demand to intervene is made, the tria l examiner-in-chief shall transmit the demand to 
intervene to the parties and the intervenors and gi ve them an opportunity to express their opinions, 
designating an adequate time limit. 
(3) Where a demand to intervene is made, the tria l examiner in the trial concerned shall render a 
ruling thereon through a trial. 
(4) The ruling under the preceding subsection shall be in writing and state the reasons therefor. (5) No appeal shall lie from the ruling under subsection (3).  
(Taking of evidence and preservation thereof) 
150. — (1) With respect to a trial, evidence may be taken on a motion by a party or an intervenor, 
or ex officio. 
(2) With respect to a trial, ev idence may be preserved on a motion by an interested person, before 
the demand for the trial is made, and on a motion by an y party or intervenor, or ex officio, during the 
pendency of the trial. 
(3) The motion before the demand for a trial unde r the preceding subsection shall be presented to 
the Commissioner of the Patent Office. 
(4) Where a motion has been presented under sub section (2) before the demand for a trial, the 
Commissioner of the Patent Office shall designate the trial examiner and the trial clerk in charge of 
preserving the evidence. 
(5) Where evidence has been taken or preserved ex  officio under subsection (1) or (2), the trial 
examiner-in-chief shall notify the parties and the inte rvenors of the result thereof and shall give them 
an opportunity to state their opinion, designating an adequate time limit. 
(6) The taking or preservation of evidence under sub section (1) or (2) may be entrusted to a local 
court or a court with summary jurisdiction in  the place where the case is to be handled. 
 151. — Section 147 of this Law and Sections 93(1)  (designation of a date), 94 (summon on a fixed 
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 (3), 215 to 222, 223(1) to (3), 226 to 228, 229(1) to (3), 231, 232(1), 233, 234, 236 to 238, 240 to 242 (evidence) and 278 (production of a written st atement in place of a hearing) of the Code of 
Civil Procedure shall apply mutatis mutandis to the taking of evidence and preservation thereof as 
prescribed in Section 150.  In such a case, the “facts that the party admitted in court and the obvious 
facts therein” in Section 179 and the “Supreme Court Rules” in Sections 204 and 215 ter(215-3) of the 
said Code shall read, respectively, “obvious facts” and “an ordinance of the Ministry of Economy, Trade and Industry”. 
 
(Trial examination ex officio) 
152. — Even where a party or an intervenor fails to initiate a procedure within the time limit 
prescribed by law or designated in accordance with the law or fails to appear in accordance with 
Section 145(3), the trial examiner-in-chief may proceed with the trial proceedings. 
 153. — (1) In a trial, even grounds that have not been pleaded by a party or an intervenor may be 
examined. 
(2) Where in the trial examination grounds that have  not been pleaded by a party or an intervenor 
are being examined in accordance with the precedi ng subsection, the trial examiner-in-chief shall 
notify the parties and the intervenors of the resu lt of the trial examination and give them an 
opportunity to state their opinion thereon, designating an adequate time limit. 
(3) In a trial, only the relief sought by the demanda nt may be considered in the trial examination. 
 
(Combination or separation of trials) 
154. — (1) When one or both of the parties to tw o or more trials are the same, the trial 
examinations may be combined. 
(2) Trial examinations that have been combin ed under the preceding subsection may later be 
conducted separately. 
 
(Withdrawal of demand for trial) 
155. — (1) A demand for a trial may be withdraw n before a trial decision becomes final and 
conclusive.  IP/N/1/JPN/P/6 
 Page 37 
 
 
  (2) A demand for a trial may not be withdrawn, wit hout the consent of the adverse party, after the 
written reply under Section 134(1) has been submitted. 
(3) When a demand for a patent invalidation trial has been made with regard to two or more claims 
covered by a patent which has two or more clai ms, the demand may be withdrawn for any of the 
claims. 
 
(Notification of conclusion of trial examination) 
156. — (1) When a case is ready for the rendering of  a trial decision, the trial examiner-in-chief 
shall notify the parties and the intervenors of  the conclusion of the trial examination. 
(2) The trial examiner-in-chief may, if necessary,  reopen a trial examination, upon a motion by a 
party or an intervenor, or ex officio, even after the notification under the preceding subsection. 
(3) The trial decision shall be rendered within 20 days from the notification under subsection (1).  
However, this provision shall not apply where the case is complicated or where there are unavoidable 
circumstances. 
 
 (Trial decision) 
157. — (1) When a trial decision has been rendered, the trial shall be closed. 
(2) The trial decision shall be in writing an d state the particulars mentioned below: 
(i) the number of the trial; (ii) the name and the domicile or residence of the parties and the intervenors as well as of their 
representatives; 
(iii) an identification of the trial case; (iv) the conclusions of the trial decision and the reasons therefor; (v) the date of the trial decision. 
(3) Once it has been rendered, the Commissioner of  the Patent Office shall transmit the trial 
decision to the parties, the intervenors and pers ons whose demand to intervene has been refused. 
 
(Special provisions for appeal trials against examiner’s refusal) 
158. — Any action taken during the examination proce dure shall also be relevant in the appeal 
trial against examiner’s refusal. 
 159. — (1) Section 53 shall apply mutatis mutandis to the appeal trial against examiner’s refusal.  
In such a case, “Section 17 bis(17-2)(1)(iii)” in Section 53(1) shall read “Section 17 bis(17-2)(1)(iii) or 
(iv),” and “an amendment” in Section 53(1) shall read “an amendment (in the case of Section 17 bis(17-2)(1)(iii), excluding the amendment made prior to the demand for the appeal trial 
against examiner’s refusal)”. 
(2) Section 50 shall apply mutatis mutandis where a reason for refusal which was not contained in 
the examiner’s decision is found in the appeal trial ag ainst examiner’s refusal.  In such a case, “in the 
case of Section 17 bis(17-2)(1)(iii)” in the proviso to S ection 50 shall read “in the case of 
Section 17 bis(17-2)(1)(iii) or (iv) (in the case of Section 17 bis(17-2)(1)(iii), excluding the amendment 
made prior to the demand for the appeal  trial against examiner’s refusal)”. 
(3) Sections 51 and 67 ter(67-3)(2) shall apply mutatis mutandis where a demand for an appeal trial 
for examiner’s refusal is to be allowed. 
 160. — (1) Where an examiner’s deci sion has been cancelled in an appeal trial against examiner’s 
refusal, a trial decision may be made to orde r a further examination to be carried out. 
(2) The adjudication in the trial decision under the preceding subsection shall be binding on the 
examiner with respect to the case concerned. 
(3) Section 159(3) shall not apply where a tr ial decision under subsection (1) is rendered. 
 161. — Sections 134(1) to (3), 134 bis(134-2), 134 ter(134-3), 148 and 149 shall not apply to an 
appeal trial against examiner’s refusal. 
 
162. — Where, in the case of a demand for an a ppeal trial against examiner’s refusal, an 
amendment has been made to the description, patent cl aim(s) or drawing(s) attached to the request in 
the patent application concerned within 30 days of such demand, the Commissioner of the Patent 
Office shall cause the examin er to examine the demand. 
 163. — (1) Sections 48, 53, and 54 shall apply muta tis mutandis to the examination under Section 
162.  In such a case, “Section 17 bis(17-2)(1)(iii)” in Section 53(1) shall read “Section 17 bis(17-
2)(1)(iii) or (iv),” and “an amendment” in Secti on 53(1) shall read “an amendment (in the case of 
Section 17 bis(17-2)(1)(iii), excluding the amendment made prior to the demand for the appeal trial 
against examiner’s refusal)”. IP/N/1/JPN/P/6 
Page 38  
 
  (2) Section 50 shall apply mutatis mutandis where a reason for refusal which was not contained in 
the examiner’s decision concerned in the dema nd for a trial is found in the examination under 
Section 162.  In such a case, “in the case of Section 17 bis(17-2)(1)(iii)” in the proviso to Section 50 
shall read “in the case of Section 17 bis(17-2)(1)(iii) or (iv) (in the case of Section 17 bis(17-2)(1)(iii), 
excluding the amendment made prior to the demand fo r the appeal trial against examiner’s refusal)”. 
(3) Sections 51 and 52 shall apply mutatis mutandis where a demand for a trial is to be allowed in 
the examination under Section 162. 
 164. — (1) When the examiner renders a decision that a patent is to be granted in the examination 
under Section 162, he shall cancel his decision of refusal concerned in the demand for the trial. 
(2) Except in the case provided for in the precedi ng subsection, the examiner shall not render a 
ruling to decline an amendment under Secti on 53(1) as applied under Section 163(1). 
(3) Except in the case provided for in subsection (1), the examiner shall make a report to the 
Commissioner of the Patent Office on the result of the examination without rendering a decision with respect to the demand for a trial. 
 
(Special provisions for correction trial) 
165. — Where a demand for a correction trial does not  relate to any of the matters under each 
paragraph of the proviso to Section 126(1) or does not comply with Section 126(3) to (5), the trial 
examiner-in-chief shall notify the demandant of the reasons therefor and shall designate an adequate 
time limit and give him an opportunity to submit his views in writing, designating an adequate time 
limit. 
 166. — Sections 134(1) to (3), 134 bis(134-2), 134 ter(134-3), 148 and 149 shall not apply to the 
correction trial. 
 
(Effects of trial decision) 
167. — When a final and conclusive trial decision in a patent invalidation trial or an extended 
registration invalidation trial has been registered, no one may demand a trial on the basis of the same 
facts and the same evidence. 
 
(Relationship with litigation) 
168. — (1) The trial proceedings may, if it is deem ed necessary in the trial, be suspended until the 
trial decision in another trial has become final an d conclusive or litigation proceedings have been 
concluded. 
(2) Where a suit or an application for provisional attachment or provisional disposal has been filed, 
if the court deems it necessary, it may suspend the proceedings until a trial decision has become final 
and conclusive. 
(3) Where an action with respect to infringement of  a patent right or an exclusive license has been 
instituted, the court shall accordingly notify the Co mmissioner of the Patent Office.  The same shall 
apply where the litigation proceed ings have been concluded. 
(4) Where the Commissioner of the Patent Office  receives the notifica tion under the preceding 
subsection, he shall notify the court of a demand or nondemand for the trial with respect to the patent 
right.  The same shall apply where the written demand for a trial is ruled to be dismissed, the trial 
decision is rendered or the demand for the trial is withdrawn. 
(5) Where the court received under the preceding sub section the notification to the effect that the 
demand for trial was made for the patent right, wh en the document stating the means of attack or 
defense was submitted before the sa id notification or first submitted after the said notification under 
Section 104 ter(104-3)(1) in the litigation, the court sh all accordingly notify the Commissioner of 
Patents. 
(6) Where the Commissioner of the Patent Offi ce received the notification under the preceding 
subsection, he may request the court to transmit a copy of the document which the trial examiner 
deems necessary for the trial amongst the judicial record pertaining to the litigation. 
 
(Costs of trial) 
169. — (1) The bearing of the costs in connection w ith a patent invalidation trial or an extended 
registration invalidation trial shall be decided ex offi cio by way of the trial decision where the trial is 
terminated by a trial decision or by a ruling in the trial where the trial is terminated otherwise by a 
trial decision. 
(2) Sections 61 to 66, 69(1) and (2), 70 and 71(2) (bearing of litigation costs) of the Code of Civil 
Procedure shall apply mutatis mutandis to the cost s in connection with the trial under the preceding 
subsection.  In such a case, the “Supreme Court Rules”  in Section 71(2) of the said Code shall read an 
“ordinance of the Ministry of Economy, Trade and Industry”. 
(3) The costs in connection with an appeal trial against examiner’s refusal and a correction trial 
shall be borne by the demandant or the opponent.  IP/N/1/JPN/P/6 
 Page 39 
 
 
  (4) Section 65 (costs of joint litigation) of th e Code of Civil Procedure shall apply mutatis 
mutandis to the costs borne by the demandant or  the opponent under the preceding subsection. 
(5) The amount of costs in connection with a tr ial shall be decided by the Commissioner of the 
Patent Office, upon request, after the trial decisi on or the ruling has become final and conclusive. 
(6) The extent, amount and payment of the costs of a trial as well as the payment necessary for 
procedural acts for the trial to be effected shall be governed by the provisions in the Law on Civil 
Procedure Costs, etc. (Law No. 40 of 1971) wh ich relate to these matters, unless they are 
incompatible with their nature (with the exception of the proportions laid down in Chapter II, Parts 1 
and 3 of that Law). 
 
(Executory force of ruling on amount of costs) 
170. — A final and conclusive ruling on the amount of  costs in connection with a trial shall have 
the same effect as an enfo rceable title of liability. 
 
Chapter VII — Retrial 
 
(Demand for retrial) 
171. — (1) Against a final and conclusive trial deci sion, the party concerned or an intervenor may 
demand a retrial. 
(2) Sections 338(1) and (2) and 339 (grounds for retrial) of the Code of Civil Procedure shall apply 
mutatis mutandis to the demand for a retrial under the preceding subsection. 
 172. — (1) Where the demandant and the defendant in a trial have in collusion caused a trial 
decision to be rendered, with the purpose of injuring the rights or interests of a third person, such 
person may demand a retrial against the final and conclusive trial decision. 
(2) In such a retrial, the demandant and th e defendant shall be made joint defendants. 
 
(Time limit for demand for retrial) 
173. — (1) A retrial must be demanded within 30 days from the date on which the demandant 
became aware of the grounds for the retrial afte r the trial decision became final and conclusive. 
(2) Where, due to reasons outside his control, a person is unable to demand a retrial within the time 
limit prescribed in the preceding subsection, he may, notwithstanding that  subsection, make the 
demand within 14 days (where he is a resident ab road, within two months) from the date when the 
reasons ceased to be applicable but not later than  six months following the expiration of the said time 
limit. 
(3) Where a retrial is demanded on the ground that the demandant was not represented in 
accordance with the legal provisions applicable, the time limit provided for in subsection (1) shall be 
counted from the day following the date on which th e demandant or his legal representative became 
aware that the trial decision had been rendere d due to the transmittal of a copy thereof. 
(4) No demand for a retrial may be made after th e expiration of three years from the date on which 
the trial decision became final and conclusive. 
(5) Where a ground for a retrial has arisen after th e trial decision became final and conclusive, the 
time limit prescribed in the preceding subsection sh all be counted from the day following the date on 
which the ground first arose. 
(6) Subsections (1) and (4) shall not apply to a demand for a retrial made on the ground that the 
trial decision conflicts with a final and conc lusive trial decision previously rendered. 
 
(Application mutatis mutandis of provisions on trial, etc.) 
174. — (1) Sections 131(1), the principal sentence of 131 bis(131-2)(1), 132(3) and (4), 133, 
133bis(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 retrial against a final and conclusive trial deci sion in an appeal trial 
against examiner’s refusal. 
(2) Sections 131(1), the principal sentence of 131
bis(131-2)(1), 132(1), (2) and (4), 133, 
133bis(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 retrial against a final and conclusive trial decision in a patent 
invalidation trial or an extended registration invalidation trial. 
(3) Sections 131(1) and (3), the principal sentence of 131 bis(131-2)(1), 132(3) and (4), 133, 
133bis(133-2), 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 retrial against a final a nd conclusive trial decision in a correction trial. 
(4) Section 348(1) (scope of examination) of th e Code of Civil Procedure shall apply mutatis 
mutandis to retrials. 
 IP/N/1/JPN/P/6 
Page 40  
 
  (Restriction on effects of patent right restored by retrial) 
175. — (1) Where a patent right relating to an invalid ated patent or a patent right relating to the 
invalidated registration of an extension of the term thereof has been restored through a retrial 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 which was 
refused by a trial decision has been  registered through a retrial, and where the patent has been granted 
for the invention of a product, the effects of the patent right shall not extend to any product imported 
into, or manufactured or acquired in Japan, in good fa ith after the time when the trial decision became 
final and conclusive but before the demand for a retrial was registered. 
(2) Where a patent right relating to an invalidated pa tent or a patent right relating to the invalidated 
registration of an extension of the term thereof has been restored through a retrial or where the 
establishment of a patent right or the extension of th e 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 which was 
refused by a trial decision has been registered through a retrial, the effects of the patent right shall not 
extend to the following acts: 
(i)   the working of the invention in good faith; (ii)  in the case of a patent for an invention of product, acts of manufacturing, assigning, etc., or 
importing or offering for assignment, etc. of, in good  faith, articles to be used for the manufacture of 
the product; 
(iii)  in the case of a patent for an invention of  a process, acts of manufacturing, assigning, etc., or 
importing or offering for assignment, etc. of, in good fa ith, articles to be used for the working of such 
invention. 
 176. — Where a patent right relating to an invalidat ed patent or a patent right relating to the 
invalidated registration of an extension of the term thereof has been restored through a retrial 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 which was 
refused by a trial decision has been  registered through a retrial, and where a person has, in good faith, 
been commercially working the invention in Japan or has, in good faith, been making preparations 
therefor, after the trial decision became final and c onclusive but before the registration of the demand 
for a retrial, such person shall have a non-exclus ive license on the patent right, the license being 
limited to the invention which is being worked or for which preparations for working are being made 
and to the purpose of such worki ng or the preparations therefor. 
 177. — Deleted  
 
Chapter VIII — Litigation 
 
(Actions against trial decisions, etc.) 
178. — (1) An action against a trial decision and an action against a ruling to dismiss a written 
demand for a trial or retrial shall come under the exclusive jurisdiction of the Tokyo High Court. 
(2) An action under subsection (1) may be instituted only by a party, an intervenor, or a person 
whose application for intervention in the tr ial or in the retrial has been refused. 
(3) An action under subsection (1) may not be ins tituted after 30 days from the date of transmittal 
of the trial decision or the ruling. 
(4) The time limit prescribed in the pr eceding subsection shall be invariable. 
(5) The trial examiner-in-chief may ex officio desi gnate a period additional to the invariable period 
under the preceding subsection for the benefit of a pe rson residing in a place that is remote or difficult 
of access. 
(6) An action with regard to the matters on whic h a trial may be demanded may be instituted only 
against a trial decision. 
 
(Defendant in the action) 
179. — In an action under Section 178(1), the Commissioner of the Patent Office shall be the 
defendant.  Provided, however, that in the case of  an action against a trial decision in a patent 
invalidation trial or an extended registration invalidation trial, or  in a retrial under Section 171(1) 
against a final and conclusive trial decision in such tr ial, the demandant or the defendant in the trial or 
retrial shall be the defendant. 
 
(Notification of institution of action) 
180. — When an action referred to in the proviso to Section 179 has been instituted, the court 
shall, without delay, notify the Commiss ioner of the Patent Office accordingly. 
  IP/N/1/JPN/P/6 
 Page 41 
 
 
  (Views of Commissioner of Patent Office in liti gation with respect to trial decision annulling) 
180bis(180-2).  — (1) Where an action referred to in the proviso to Section 179 has been instituted, 
the court may hear the views of the Commissioner of the Patent Office as to the matters relating to the 
application of this law and other necessary matters with respect to the case thereof. 
(2) Where an action referred to in the proviso to Section 179 has been instituted, the Commissioner 
of the Patent Office may state, with approval of the court, his views as to the matters relating to the 
application of this law and other necessary matters with respect to the case thereof. 
(3) The Commissioner of Patent Office may cause the official designated by him to state the views 
referred to in the preceding two subsections. 
 
(Annulment of the trial decision or ruling) 
181. — (1) Where the court finds for the plaintiff in an action instituted under Section 178(1), it 
shall annul the trial decision or ruling. 
(2) Where the court recognizes that it is reasonable to  order a further examination to be carried out 
in an action instituted against the trial decision w ith respect to the patent  invalidation trial under 
Section 178(1) for invalidating that patent, and wh en the patentee has made a demand for a correction 
trial or intended to do so, it may annul the trial decision by the ruling for remitting the cause to the 
trial examiner. 
(3) Before rendering a ruling under the preceding sub section, the court shall hear the opinion of the 
party. 
(4) The adjudication in the court decision unde r subsection (2) shall be binding on the trial 
examiner as well as other third party. 
(5) When the court decision annulling a trial deci sion or ruling under the subsection (1) or the 
court’s ruling annulling a trial decision under the su bsection (2) has become final and conclusive, the 
trial examiner shall carry out a further trial ex amination and render a trial decision or ruling. 
 (Sending of certified copy of the judgment) 
182. — At the end of the proceedings initiated by the action referred to in the proviso to Section 
179, the court shall send a certified copy of the j udgment of the court concerned to the Commissioner 
of the Patent Office without delay. 
 
(Constitution of collegial body) 
182bis(182-2). — A collegial body of five judges may render a ruling that an examination and 
judgment shall be conducted by a collegial body with  respect to the case involving an action instituted 
under Section 178(1). 
 
(Action on amount of remuneration) 
183. — (1) Where a person who is concerned in an arbitration decision under Section 83(2), 92(3) 
or (4) or 93(2) is dissatisfied with the amount of remuneration fixed in the decision, he may institute 
an action for the increase or decrease of the remuneration. 
 (2) An action under the preceding subsection sha ll not be instituted after six months from the 
transmittal of the arbitration decision. 
 (Defendant in the action) 
184. — In an action under Section 183(1), the follo wing persons shall be made the defendant: 
(i) in the case of an arbitration under Section 83(2), 92(4) or 93(2), the non-exclusive licensee, 
patentee or exclusive licensee; 
(ii) in the case of an arbitration under Section 92(3), the non-exclusive licensee or the other person 
referred to in Section 72. 
 
(Relationship between administrative appeal and litigation) 
184bis(184-2).  — An action for the annulment of me asures (with the exception of measures 
referred to in Section 195 quater (195-4)) taken under this Law or an  order or ordinance thereunder 
may be instituted only after a request for reconsidera tion or a request for administrative appeal or an 
arbitration decision against the measure has b een dealt with by a decision or a ruling. 
 
Chapter IX — Special Provisions Concerning In ternational Applications under the Patent 
Cooperation Treaty 
 
(Patent application based on international application) 
184ter(184-3).  — (1) An international application (a patent application only) for which the 
international filing date has been accorded in acco rdance with Article 11(1) or (2)(b) or Article 14(2) IP/N/1/JPN/P/6 
Page 42  
 
  of the Patent Cooperation Treaty done at Washington on June 19, 1970 (hereinafter referred to as 
“Treaty” in this Chapter) and which contains the designation of Japan as a designated State referred to 
in Article 4(1)(ii) of the Treaty shall be considered  to be a patent application having been filed on its 
international filing date. 
(2) Section 43 (including its application under Section 43 bis(43-2)(3)) shall not apply to the 
international application considered  to be a patent application by virtue of the provision of the 
preceding subsection (hereinafter referred to  as “international patent application”). 
 
(Translation of international patent  application in foreign language) 
184quater (184-4). — (1) The applicant of an international patent application made in a foreign 
language (hereinafter referred to as “foreign langua ge patent application”) shall furnish to the 
Commissioner of the Patent Office a translation in to Japanese of the description, patent claim(s), 
drawing(s) (limited to any text matter of the drawing( s)) and abstract referred to  in Article 3(2) of the 
Treaty as of the international filing date referred to in Section 184 ter(184-3)(1) (hereinafter referred to 
as “international filing date”), within two years and six months (hereinafter referred to as “time limit for the submission of the national form paper”) from the priority date referred to in Article 2(xi) of the 
Treaty (hereinafter referred to as “priority date”). However, in the case of a foreign language patent  
application in respect of which the applicant h as submitted the national form paper referred to in 
Section 184 quinquies (184-5)(1) within the period of 2 months before the expiry of the time limit for 
the submission of the national form paper to the da te of expiry of the said time limit, the applicant 
may furnish a translation into Japanese within 2 m onths from the date of the submission of the said 
paper (hereinafter referred to as “grace period for furnishing the translation”), unless the relevant 
translation was submitted on or before the submission of the said paper. 
(2) In the case of preceding subsection, the applican t of a foreign language patent application may, 
where he has made an amendment under Article 19(1) of the Treaty, furnish a translation of the amended claim(s) in lieu of the translation of th e claim(s) referred to in the preceding subsection. 
(3) When the translation of the description referred to in subsection (1) and the translation of the 
claim(s) referred to in the preceding two subsections have not been furnished within the time limit for 
the submission of the national form paper (in the case of the foreign language  patent application for 
which the translation may be furnished under th e proviso of subsection(1), the grace period for 
furnishing the translation – hereinafter referred to in the following subsection as “the time limit for the 
submission of the national form paper”), the inte rnational patent application shall be deemed 
withdrawn. 
(4) The applicant who has furnished the translation referred to in subsection (1) may, where he has 
made an amendment under Article 19(1) of the Treat y, further furnish a translation into Japanese of 
the amended claim(s) not only later than the date on which the expiration of the time limit for the submission of the national form paper [or where th e applicant has made a request for examination 
within the time limit for the submission of the nationa l form paper, the time when the said request was 
made (hereinafter referred to as “relevant time for the national processing”)] occurs. 
(5) The principal sentence of Section 184 septies (184-7)(3) shall apply mutatis mutandis where the 
translation referred to in subsection (2) or (4) has not been furnished. 
 
(Submission of paper and invitation to correction) 
184quinquies (184-5). — (1) The applicant of an international patent application shall, within the 
time limit for the submission of the national form paper, submit to the Commissioner of the Patent 
Office a paper 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) the international application number and othe r matters provided for in an ordinance of the 
Ministry of Economy, Trade and Industry. 
(2) The Commissioner of the Patent Office may invite correction, designating an adequate time 
limit, in the following cases: 
(i)  when the national form paper to be subm itted under the preceding subsection has not been 
filed within the time limit for the submission of the national form paper; 
(ii)  when any proceeding under the preceding sub section does not comply with Section 7(1) to (3) 
and 9; 
(iii) when any proceeding under the preceding su bsection does not comply with the formality 
requirements provided for in an ordinance of the Ministry of Economy, Trade and Industry; 
(iv) when the translation of the abst ract to be submitted under Section 184 quater (184-4)(1) has not 
been filed within the time limit for the submission of the national form paper (in the case of the 
foreign language patent application refe rred to in the proviso of Section 184 quater (184-4)(1), the 
grace period for furnishing the translation); 
(v) when the fee to be paid under Section 195(2) has not been paid within  the time limit for the 
submission of the national form paper. 
(3) Where a person who was invited to make an amendment under the preceding subsection fails to 
do so within the time limit designated under that subsection, the Commissioner of the Patent Office 
may dismiss the international patent application concerned. 
  IP/N/1/JPN/P/6 
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  (Effect, etc. of request, description, etc., of international application) 
184sexies (184-6). — (1) The request of an international pa tent application as of the international 
filing date shall be deemed to be the request submitted under Section 36(1). 
(2) The description of an international pate nt application made in the Japanese language 
(hereinafter referred to as “a Japanese language patent  application”) as of the international filing date 
and the translation of the descripti on of a foreign language patent a pplication as of the international 
filing date shall be deemed to be the description as attached to the request under Section 36(2); patent 
claim(s) of Japanese language patent application as of  the international filing date and the translation 
of patent claim(s) of a foreign language patent appl ication as of the international filing date shall be 
deemed to be patent claim(s) as attached to the re quest under Section 36(2); drawing(s) in a Japanese 
language patent application as of the internationa l filing date and drawing(s) (excluding any text 
matter of drawing(s)) and the translation of the text  matter of drawing(s) in a foreign language patent 
application as of the international filing date shall be deemed to be  drawing(s) as attached to the 
request under Section 36(2); and the abstract of  a Japanese language patent application and the 
translation of the abstract of a foreign language pate nt application shall be deemed to be the abstract 
as attached to the request under Section 36(2). 
(3) Where the translation of th e amended claim(s) under Article 19(1) of the Treaty has been 
furnished in accordance with Section 184 quater (184-4)(2) or (4), notwithstanding subsection (2), the 
translation of the amended claim(s) shall be deemed to be the patent claim(s) as attached to the request under Section 36(2). 
 
(Amendment under Article 19 of the Treaty of the Japanese language patent application) 
184septies (184-7). — (1) The applicant of a Japanese language  patent application shall, where he 
has made an amendment under Article 19(1) of the Treaty, furnish to the Commissioner of the Patent 
Office, no later than date on which the relevant ti me limit for the national processing occurs, a copy of 
the amendment furnished under Article 19(1) of the Treaty. 
(2) Where a copy of the amendment has been fu rnished under the preceding subsection, patent 
claim(s) attached to the request shall be de emed to have been amended under Section 17 bis(17-2)(1) 
by virtue of the copy of the amendment.  Howe ver, where the amendment has been communicated to 
the Patent Office under Article 20 of the Treaty with in the time limit prescr ibed in the preceding 
subsection, patent claim(s) to the request shall be deemed to ha ve been amended under 
Section 17 bis(17-2)(1) by virtue of that amendment. 
(3) When the proceeding under subsection (1) has not been taken by the applicant of a Japanese 
language patent application within the time lim it prescribed in the said subsection, no amendment 
under Article 19(1) of the Treaty shall be deemed to have been made.  However, this shall not apply 
to the case in the proviso to the preceding subsection. 
 
(Amendment under Article 34 of the Treaty) 
184octies( 184-8). — (1) The applicant of an international patent application shall, where he has 
made an amendment under Article 34(2)(b) of the Tr eaty, furnish to the Commissioner of the Patent 
Office, no later than the date on which the relevant  time for the national processing occurs, a copy of 
the amendment furnished under Article 34(2)(b) of th e Treaty in the case of the amendment in respect 
of a Japanese language patent application or a tran slation into Japanese of th e amendment in the case 
of the amendment in respect of a fo reign language patent application. 
(2) Where a copy of the amendment or a transla tion of the amendment has been furnished under 
the preceding subsection, the description, patent claim(s)  or drawing(s) attached to the request shall be 
deemed to have been amended under Section 17 bis(17-2)(1) by virtue of the copy of the amendment 
or the translation of the amendment.  However, if , in respect of the amendment concerning a Japanese 
language patent application, the amendment has been communicated to the Patent Office under 
Article 36(3)(a) of the Treaty within the time limit prescribed in the preceding subsection, the description, patent claim(s) or drawing(s) attached  to the request shall be deemed to have been 
amended by virtue of that amendment. 
(3) When the proceeding under subsection (1) h as not been taken by the applicant of an 
international patent application within the time li mit prescribed in the said subsection, no amendment 
under Article 34(2)(b) of the Treaty shall be deemed to have been made.  However, this shall not 
apply to the case in the proviso  to the preceding subsection. 
(4) Where the description, patent claim(s) or draw ing(s) attached to the request of the foreign 
language patent application are deemed to have been amended under Section 17 bis(17-2)(1) in the 
case of subsection (2), the amendment shall be deemed to have been made by virtue of the submission of a written correction of incorrect translation under Section 17 bis(17-2)(2). 
 
(National publication, etc.) 
184novies (184-9). — (1) In respect of a foreign language pa tent application for which a translation 
has been furnished under Section 184 quater (184-4)(1), the Commissioner of the Patent Office shall, 
except where the Gazette containing the Patent h as already been published, effect the national 
publication of the translation as soon as possible after the expiration of the time limit for the 
submission of the national form paper (in the case of  the foreign language patent application referred 
to in the proviso of Section 184 quater (184-4)(1), the grace period for furnishing the translation – IP/N/1/JPN/P/6 
Page 44  
 
  hereinafter referred to as “the time limit for the submission of the national form paper” in this 
subsection) (where the application is an interna tional patent application for which a request for 
examination by the applicant has been made within the time limit for the submission of the national 
form paper and for which the international publi cation referred to in Article 21 of the Treaty 
(hereinafter referred to as “international publicati on”) has been effected, after making a request for 
examination). 
(2) The national publication of the translation sha ll be effected by publishing the following in the 
Patent Gazette: 
(i)  the name and the domicile or residence of the applicant; (ii)  the number of the patent application; (iii) the international filing date; (iv) the name and the domicile or residence of the inventor; (v)  the matters appearing in the translation of th e description and the text matter of the drawing(s) 
referred to in Section 184 quater (184-4)(1), the matters appearing in  the translation of the claim(s) 
prescribed therein (in the case where a translation has been submitted under Section 184 quater (184-
4)(2), the said translation) and the matters app earing in the translation referred to in Section 
184quater (184-4)(4), the contents of the drawing(s) (e xcluding the text matter of the drawing(s)) as 
well as the matters appearing in the translation of the abstract (with the exception of those matters the 
publication of which in the Patent Gazette is, in th e view of the Commissioner of the Patent Office, 
liable to contravene public order or morality); 
(vi) the number and the date of the national publication of the translation; (vii) other necessary particulars. 
(3) Section 64(3) shall apply mutatis mutandis to the publication of the matters appearing in the 
translation of the abstract under subsection (2)(v ), in the Patent Gazet te in accordance with 
subsection (2). 
(4) Section 64 shall not apply to an international patent application. 
(5) For the purpose of an international patent application, “laying open” or “laid open” in 
Sections 48 quinquies (48-5)(1), 48 sexies (48-6), the proviso to Section 66(3), 128, 186(1)(i) and (ii), 
and 193(2)(i), (ii), (vi) and (ix)  shall be considered to have b een replaced by “the international 
publication under Section 184 novies (184-9)(1)” in the case of a Japa nese language patent application 
and shall be considered to have been replaced by “the national publication of a translation under 
Section 184 novies (184-9)(1)” in the case of a foreign language patent application. 
(6) For the purposes of a request for a certificate, etc. concerning a foreign language patent 
application, “or the materials referred to in Section 67 bis(67-2)(2)” in Section 186(1)(i) shall be 
considered to have been replaced by “a request, a de scription, claim(s), drawing(s) or an abstract of 
the international application referred to in Artic le 3(2) of the Patent Cooperation Treaty done at 
Washington, June 19, 1970 (excluding such documents  concerning an international patent application 
for which the establishment of the patent has been  registered or such documents for which the 
international publication has been effected)”. 
(7) In respect of the matters to be published in  the Patent Gazette concerning the international 
patent application, “attached to a request af ter the application has been laid open” in 
Section 193(2)(iii) shall be considered to have b een replaced by “... attached to a request of an 
international application for which the inte rnational publication has been effected”. 
 
(Effects, etc. of international publication and national publication) 
184decies (184-10). — (1) The applicant of an international patent application may, after the 
international publication in the case of a Japanese la nguage patent applicatio n and after the national 
publication of the translation in the case of a fore ign language patent appli cation, and following a 
warning by the applicant in the form of a documen t describing the contents of the invention claimed 
in the international patent a pplication, demand of a person who has commercially worked the 
invention, after the warning but before the regist ration of the establishment of the patent right, the 
payment of compensation in a sum of money equivale nt to what he would be entitled to receive for 
the working of the invention if it were a patented i nvention.  Even in the absence of the warning, in 
the case of a Japanese language patent application, the same shall apply to a person who commercially 
worked the invention before the registration of the establishment of the patent right, knowing that the 
invention was the one claimed in the internationa l patent application for which the international 
publication has been effected, and in the case of a fo reign language patent application, the same shall 
apply to a person who commercially worked the inve ntion before the registration of the establishment 
of the patent right, knowing that the invention w as the one claimed in the international patent 
application for which the national publicati on of the translation has been effected. 
(2) Section 65(2) to (5) shall apply mutatis mutandis to the exercise of the right to demand 
compensation under the preceding subsection. 
 
(Special provisions concerning patent administrator for residents abroad) 
184undecies (184-11). — (1) Notwithstanding Section 8(1), an a pplicant of an international patent 
application who is a resident abroad may proceed before the Patent Office without being represented 
by a patent administrator until the relevant time for the national processing. 
(2) The person under the preceding subsection shall appoint a patent administrator and notify the 
Commissioner of the Patent Office after the date  on which the relevant time for the national  IP/N/1/JPN/P/6 
 Page 45 
 
 
  processing occurs and within the time limit prescrib ed in an ordinance of the Ministry of Economy, 
Trade and Industry. 
(3) Where the notification of the appointment of a patent administrator has not been made within 
the time limit under the preceding subsection, the intern ational patent application shall be considered 
to have been withdrawn. 
 
(Special provisions concerning amendment) 
184duodecies (184-12).  — (1) Notwithstanding the principal sentence of Section 17(1), no 
amendment (except the amendment under Sections 184 septies (184-7)(2) and 184 octies (184-8)(2)) 
may be made until, in respect of a Japanese language patent application, after the proceeding has been 
taken under Section 184 quinquies (184-5)(1) and the fee to be paid under Section 195(2) has been 
paid, and, in the case of a foreign language patent application, after the proceeding under 
Sections 184 quater (184-4)(1) and 184 quinquies (184-5)(1) and the fee to be paid under Section 195(2) 
and after the relevant time for the national processing has occurred. 
(2) For the purposes of the scope of amendments of the description, patent claim(s) or drawing(s) 
concerning a foreign language patent applicatio n, “foreign language file application under 
Section 36 bis(36-2)(2)” in Section 17 bis(17-2)(2) shall be considered to have been replaced by 
“foreign language patent applica tion referred to in Section 184 quater (184-4)(1)”; “the description, 
claim(s) or drawing(s) originally attached to the request [in the case of a foreign language file 
application under Section 36 bis(36-2)(2), the translation of the fo reign language file referred to in 
Section 36 bis(36-2)(2) considered to be the description, pa tent claim(s) and drawing(s) by virtue of 
Section 36 bis(36-2)(4) (in the case where the description, pa tent claim(s) or draw ing(s) were amended 
by virtue of the submission of a written correction of incorrect translation, the said translation or the 
description, patent claim(s) or drawing(s) as amended)]” in Section 17 bis(17-2)(3) shall be considered 
to have been replaced by “the translation referred to in Section 184 quater (184-4)(1) of the description, 
patent claim(s) or drawing(s) (limited to any text matter of the drawing(s)) of the international patent 
application referred to in Section 184 ter(184-3)(2) (hereinafter referred to as “international patent 
application” in this subsection) as of the inte rnational filing date referred to in Section 184 quater (184-
4)(1) (hereinafter referred to as the “internationa l filing date” in this subsection), the translation 
referred to in Section 184 quater (184-4)(1) of the claim(s) of the in ternational patent application as of 
the international filing date (in the case where a translation of the amended claim(s) under Article 19(1) of the Patent Cooperation Treaty done at Washington on June 19, 1970 has been furnished under Section 184 quater (184-4)(2) or (4), such translation), or the drawing(s) (excluding the 
text matter of the drawing(s)) of the international pa tent application as of the international filing date 
(hereinafter referred to as “translation, etc.” in  this subsection) (in the case where the description, 
patent claim(s) or drawing(s) were amended by vi rtue of the submission of the written correction of 
incorrect translation, the translation, etc. or su ch description, patent claim(s) or drawing(s) as 
amended). 
(3) The applicant of an international patent  application may, notwithstanding Section 17 ter(17-3), 
amend the abstract attached to the request only wi thin one year and three months from the priority 
date (with respect to the foreign language patent application being one of such applications as their 
translations were furnished in accordance with Section 184 quater (184-4)(1), for which, within the 
time limit for the submission of the national form paper, the request was made by the applicant for 
examination of the application and of which the in ternational publication was effected, the period 
after the request was made for examination of the application, is excluded). 
 
(Special provisions concerning patentability) 
184terdecies (184-13). — For the purposes of Section 29 bis(29-2) of this Law, where an 
international patent applica tion referred to in Section 184 ter(184-3)(2) of this Law or an international 
utility model application referred to in Section 48 ter(48-3)(2) of the Utility Model Law is another 
application for patent or an application for u tility model registration as referred to in Section 29 bis(29-
2) of this Law, the passage reading “the description,  claim(s) for patent or utility model registration or 
drawing(s), originally attached to the request” in Section 29 bis(29-2) of this Law shall be considered 
to have been replaced by “the description, claim(s) or drawing(s) of the international application as of 
the international filing date referred to in Section 184 quater (184-4)(1) of this Law or 
Section 48 quater (48-4)(4) of the Utility Model Law,”; the passage reading “another application for 
patent or of an application for utility model regist ration which was” shall be considered to have been 
replaced by “another application for patent or of an application for utility model registration 
(excluding the foreign patent app lication referred to in Section 184 quater (184-4)(1) of the Patent Law 
which was deemed to have been withdrawn under th e said Section (3) or the foreign language utility 
model application referred to in Section 48 quater (48-4)(1) of the Utility Model Law which was 
deemed to have been withdrawn under the said S ection (3)),”; the passage reading “the laying open 
for public inspection (Kôkai) wa s effected or” in Section 29 bis(29-2) of this Law shall be considered 
to have been replaced by “the laying open for pu blic inspection (Kôkai) was effected,” and the 
passage reading “was published under the said subsection af ter the filing of the patent application” in 
Section 29 bis(29-2) of this Law shall be considered to have been replaced by “was published under 
the said subsection or the international publication re ferred to in Article 21 of  the Patent Cooperation 
Treaty done at Washington on June 19, 1970 was eff ected after the filing of the patent application”. IP/N/1/JPN/P/6 
Page 46  
 
  (Special provisions concerning exceptions to lack of novelty of invention) 
184quater decies (184-14). — Notwithstanding Section 30(4), any applicant of an international 
patent application who desires the application of Section 30(1) or (3) may submit to the 
Commissioner of the Patent Office a written statemen t to that effect and a document proving that the 
invention which has fallen under one of the paragra phs of Section 29(1) is the invention to which 
Section 30(1) or (3) may be applied, after the date on which the releva nt time for the national 
processing occurs and within the time limit prescrib ed in an ordinance of the Ministry of Economy, 
Trade and Industry. 
 
(Special provisions concerning priority cl aim based on patent applications, etc.) 
184quindecies (184-15). — (1) Sections 41(4) and 42(2) shall no t apply to an international patent 
application. 
(2) For the purposes of Section 41(3) for a Japanese  language patent application, “or the laying 
open for public inspection” in the said Section sha ll be considered to have been replaced by “or the 
international publication referred to in Article  21 of the Patent Cooperation Treaty done at 
Washington on June 19, 1970”. 
(3) For the purposes of Section 41(3) for a foreign la nguage patent application, in the said Section, 
“the description, patent claim(s) or drawing(s) originally attached to the request of a patent 
application” shall be considered to have been repl aced by “the description, claim(s) or drawing(s) of 
an international application as of the intern ational filing date refe rred to in Section 184 quater (184-
4)(1)” and “or the laying open for public inspection” shall be consider ed to have been replaced by “or 
the international publication referred to in Artic le 21 of the Patent Cooperation Treaty done at 
Washington on June 19, 1970”. 
(4) For the purposes of Sections 41(1) to (3) a nd 42(1) of this Law in the case where the earlier 
application under Section 41(1) of this Law is an in ternational patent applica tion or an international 
utility model application referred to in Section 48 ter(48-3)(2) of the Utility Model Law, “the 
description, claim(s) for patent or utility model registration or drawing(s) originally attached to the request” in Section 41(1) and (2) shall be consider ed to have been replaced by “the description, 
claim(s) or drawing(s) of an international applica tion as of the international filing date referred to in 
Section 184 quater (184-4)(1) of this Law or Section 48 quater (48-4)(1) of the Utility Model Law,” “the 
description, claim(s) for patent or utility model registration or drawing(s) originally attached to the request of the earlier application” a nd “the laying open for public insp ection” in Section 41(3) shall be 
considered to have been replaced by “the descripti on, claim(s) or drawing(s) of an international 
application as of the international filing date referred to in Section 184 quater (184-4)(1) of this Law or 
Section 48 quater (48-4)(1) of the Utility Model Law of the ea rlier application” and “the international 
publication referred to in Article 21 of the Patent  Cooperation Treaty done at Washington on June 19, 
1970,” and “at the expiration of one year and three months from the filing date” in Section 42(1) shall 
be considered to have been replaced by “at the expiration of the time limit for the national processing 
under Section 184 quater (184-4)(4) of this Law or Section 48 quater (48-4)(4) of the Utility Model Law 
or one year and three months from the intern ational filing date refe rred to in Section 184 quater (184-
4)(1) of this Law or Section 48 quater (48-4)(1) of the Utility Model Law, whichever is later”. 
 
(Special provisions concerning conversion of applications) 
184sedecies (184-16). — Conversion into a patent applicati on of an international application 
having been considered or recognized to be  a utility model application under Section 48 ter(48-3)(1) or 
48sedecies (48-16)(4) of the Utility Model Law may not be made until, in respect of a Japanese 
language utility model applicati on referred to in Section 48 quinquies (48-5)(4) of the Utility Model 
Law, after the proceedings under Section 48 quinquies (48-5)(1) of the Utility Model Law has been 
taken, and in respect of a foreign language utility model a pplication referred to in 
Section 48 quater (48-4)(1) of the Utility Model Law, af ter the proceedings under Sections 
48quater (48-4)(1) and 48 quinquies (48-5)(1) of the Utility Model Law have been taken and, further, 
after the fee to be paid under Section 54(2) of the Utility Model Law has been paid (or — in respect of 
an international application having been recognized as a utility model application under 
Section 48 sedecies (48-16)(4) of the Utility Model Law — afte r the decision referred to in the said 
subsection has been made). 
 
(Time limit for making request for examination) 
184septies decies (184-17). — The applicant of an international patent application may not make a 
request for examination for his international patent application until, in respect of a Japanese language 
patent application, after th e proceeding under Section 184 quinquies (184-5)(1) has been taken, and in 
respect of a foreign language patent applica tion, after the procee dings under Sections 184 quater (184-
4)(1) and 184 quinquies (184-5)(1) and have been taken and, fu rther, after the fee to be paid under 
Section 195(2) has been paid, whereas, a person othe r than the applicant of the international patent 
application may not make a request for examination of the international patent application until after 
the expiration of the time limit for the submission of  the national form paper (in the case of a foreign 
language patent application unde r the proviso of Section 184 quater (184-4)(1), the grace period for 
furnishing the translation). 
  IP/N/1/JPN/P/6 
 Page 47 
 
 
  (Special provisions for reasons for refusal, etc.) 
184duodevicies (184-18). — For the purpose of the examiner’s decision of refusal and a patent 
invalidation trial with respect to the foreign la nguage patent application, “foreign language file 
application” in Sections 49(vi), and 123(1)(i) and (v) shall be repl aced by “foreign language patent 
application referred to in Section 184 quater (184-4)(1),” and “foreign language file” in Section 49(vi), 
and 123(1)(v) shall be replaced by “the description,  claim(s) or drawing(s) of the international 
application as of the international f iling date referred to in Section 184 quater (184-4)(1)”. 
 
(Special provisions concerning correction) 
184undevicies (184-19). — For the purpose of the demand for the correction under Section 
134bis(134-2)(1) and the demand for a correction trial with respect to a foreign language patent 
application, “foreign language file  application” in Section 126(3) shall be replaced by “foreign 
language patent application referred to in Section 184 quater (184-4)(1)” and “foreign language file” in 
that Section (3) shall be replaced by “the descripti on, claim(s) or drawing(s) of the international 
application as of the international f iling date referred to in Section 184 quater (184-4)(1)”. 
 
(International application recognized as patent application by decision) 
184vicies (184-20). — (1) The applicant of an international a pplication defined in Article 2(vii) of 
the Treaty may, where the receiving Office defined in  Article 2(xv) of the Treaty has made a refusal 
referred to in Article 25(1)(a) of the Treaty or has ma de a declaration referred to in Article 25(1)(a) or 
(b) of the Treaty or the International Bureau define d in Article 2(xix) of th e Treaty has made a finding 
referred to in Article 25(1)(a) of the Treaty in resp ect of the international application (only a patent 
application) which contains the designation of  Japan as a designated State referred to in 
Article 4(1)(ii) of the Treaty, request the Commissioner of the Patent Office as provided for in an ordinance of the Ministry of Economy, Trade and I ndustry to make a decision referred to in Article 
25(2)(a) of the Treaty within the time limit prescribed  in an ordinance of the Ministry of Economy, 
Trade and Industry. 
(2) A person who makes a request under the precedi ng subsection in respect of the international 
application made in a foreign la nguage shall furnish to the Commissi oner of the Patent Office at the 
time of making such a request a translation into Japanese of the description, claim(s) or drawing(s) 
(limited to any text matter of the drawing(s)) and the abstract as well as other documents relating to the international application provided for in an ordinance of the Ministry of Economy, Trade and 
Industry. 
(3) Where the request under subsection (1) has b een made, the Commissioner of the Patent Office 
shall decide whether the refusal, declaration, or  finding referred to therein was justified under the 
Treaty and the Regulations under the Patent Cooperation Treaty. 
(4) Where the Commissioner of the Patent O ffice has made a decision under the preceding 
subsection to the effect that the refusal, declarati on, or finding referred to in the said subsection was 
not justified under the Treaty and the Regulati ons under the Patent Cooperation Treaty, the 
international application concerned shall be recognized as a patent application filed on the date which 
would be accorded as the international filing date if the said refusal, declaration, or finding were not 
made in respect of the said international application. 
(5) For the purpose of the laying open for public  inspection of an international application 
recognized as a patent application under the preceding subsection, “date of the application” in Section 
64(1) shall be replaced by “priorit y date referred to in Section 184
quater (184-4)(1),” “foreign 
language file application” in Section 64(2)(vi) sha ll be replaced by “internati onal application made in 
the foreign language,” and “foreign language file an d foreign language abstract” in Section 64(2)(vi) 
shall be replaced by “the description, claim(s) or  drawing(s) and abstract of the international 
application as of the date which would be accorded  as the international fili ng date referred to in 
Section 184 vicies (184-20)(4)”. 
(6) Sections 184 ter(184-3)(2), 184 sexies (184-6)(1) and (2), 184 novies (184-9)(6), 
184duodecies (184-12) to 184 quater decies (184-14), 184 quindecies (184-15)(1), (3) and (4), and 
184septies decies (184-17) to 184 undevicies (184-19) shall apply mutatis mu tandis to the international 
application deemed as a patent application under su bsection (4).  In such a case, the details necessary 
for the application of those provisions shall be prescribed by Cabinet Order. 
 
Chapter X — Miscellaneous Provisions 
 
(Special provisions for patent or patent right covering two or more claims) 
185. — For the purposes of Section 27(1)(i) or 65(4) (including its application under 
Section 184 decies (184-10)(2)), 80(1), 97(1), 98(1)(i), 111(1)(ii), 123(3), 125, 126(6) (including its 
application under Section 134 bis(134-2)(5)), Section 132(1) (i ncluding its application under 
Section 174(2)) or Section 175,  176 or 193(2)(iv) of th is Law, or of Section 20( 1) of the Utility Model 
Law, relating to the patent or patent right covering two or more claims, the patent shall be deemed to 
have been granted, or the patent right sh all be deemed to exist, for each claim. 
 IP/N/1/JPN/P/6 
Page 48  
 
  (Request for certification, etc.) 
186. — (1) Anyone may request the Commissioner of th e Patent Office to issue a certificate, a 
copy or an extract of documents, to allow the inspection or copying of documents or to issue 
documents whose contents are recorded in the part of  the Patent Register prepared by magnetic tapes, 
where such documents relate to patents.  However,  this provision shall not apply in the case of the 
following documents if the Commissioner of the Pate nt Office considers it necessary to keep them 
secret: 
(i)  a request or the description, patent claim(s) or  drawing(s) or abstract attached to a request, or 
a foreign language file or foreign language abstr act or documents concerning the examination of the 
patent application (except where the establishment of the patent right has been registered or where the 
patent application has been laid open), or  the materials referred to in Section 67 bis(67-2)(2); 
(ii)  documents concerning an appeal trial against examiner’s refusal (except where the 
establishment of the patent right has been register ed or where the patent application concerned has 
been laid open); 
(iii) documents concerning a patent invalidation tr ial or an extended registration invalidation trial 
or a retrial of the final and conclusive trial deci sion, with respect to which parties or intervenors 
concerned have given a notice that there has been described a trade secret owned by the parties or 
intervenors concerned; 
(iv) matters liable to injure the reputation or peaceful existence of an individual; (v)  documents liable to contra vene public order or morality. 
(2) Where a demand made with respect for docum ents as prescribed in the paragraphs of the 
preceding subsection (i) to (iv) is accepted, th e Commissioner of the Patent Office shall notify a 
person who has submitted such documents to  that effect with a reason therefor. 
(3) The Law Concerning Access to Information held  by Administrative Organs (Law No. 42 of 
1999) shall not apply to the documents concerning pate nts and the part of the Patent Register which 
have been prepared by magnetic tapes. 
(4) Chapter 4 of the Law concerning the Protection of Private Information Held by Administrative 
Organs (Law No. 58 of 2003) shall not apply to the held private information (meaning the held private 
information defined in Section 2 (3) of the said La w) recorded in the documents concerning patents 
and the part of the Patent Register, whic h have been prepared by magnetic tapes. 
(Indication of existence of patent) 
187. — A patentee or an exclusive or non-exclusive li censee shall take steps, as prescribed in an 
ordinance of the Ministry of Economy, Trade and In dustry, to mark the patented product or a product 
produced by the patented process (hereinafter referr ed to as a “patented product”), or the packaging 
thereof, with a statement to the effect that th e invention of the product or the process has been 
patented (hereinafter referred to as an “indication of a patent”). 
 
(Prohibition of false marking) 
188. — The following acts shall be unlawful: 
(i)  the marking of anything other than a patented  product or its packaging with an indication of a 
patent or confusingly similar indication; 
(ii)  the assignment, etc. or display for the pur pose of assignment, etc. of a product other than a 
patented product, where such product or its packag ing is marked with an indication of a patent or 
confusingly similar indication; 
(iii) the inclusion in an advertisement of an i ndication that an invention of a product has been 
patented or a confusingly similar indication, for the purpose of causing others to manufacture or use 
the product or of assigning, etc. the prod uct, where it is not a patented product; 
(iv) the inclusion in an advertisement of an i ndication that an invention of a process has been 
patented or a confusingly similar indication, for th e purpose of causing others to use the process or of 
assigning or leasing the process, where it is not a patented process. 
 
(Transmittal of documents) 
189. — An ordinance of the Ministry of Econo my, Trade and Industry shall prescribe the 
documents to be transmitted in addition to those provided for in this Law. 
 190. — Sections 98(2), 99 to 103, 105, 106, 107(1) (excluding paragra phs (ii) and (iii)) and (3) and 
109 (transmittal) of the Code of Civil Procedure shall apply mutatis mutandis to the transmittal of 
documents provided for in this Law or in an or dinance of the Ministry of Economy, Trade and 
Industry under Section 189.  In such a case, “a cour t clerk” in Sections 98(2)  and 100 of the said Code 
shall read “an official or a trial clerk” designate d by the Commissioner of the Patent Office, “by mail 
or an execution officer” in Section 99(1) of the sai d Code shall read “by mail”, and “ in the case...and 
in the case where documents relating to an examinati on are to be transmitted, an official or a trial 
clerk designated by the Commissioner of the Patent Office”. 
 191. — (1) Where the domicile or residence of a pers on to whom transmittal is to be made or any 
other place to which transmittal is to be made is unknown or transmittal in accordance with Section 107(1) (excluding paragraphs  (ii) and (iii)) of the Code of Civil Procedure applied under 
Section 190 of this Law is not possible, transmitta l may instead be effected by public notice.  IP/N/1/JPN/P/6 
 Page 49 
 
 
  (2) The transmittal by public notice shall be made  by publishing a notice in the Official Gazette 
and the Patent Gazette to the effect that the docume nts to be transmitted are ready to be delivered at 
any time to the person entitled to receive them and by posting such notice on the bulletin board of the 
Patent Office. 
(3) The transmittal by public notice shall take effe ct after the expiration of 20 days from the date 
on which the notice was published in the Official Gazette. 
 192. — (1) Where a resident abroad has a patent admi nistrator, the transmittal shall be made to the 
patent administrator. 
(2) Where a resident abroad has no patent admini strator, the documents may be dispatched by 
registered airmail, etc. (meaning the registered airmail and those being, as provided for in an ordinance of the Ministry of Economy, Trade and Indus try, equivalent to the registered airmail from 
among the mail Correspondence Delivery items liste d in Article 2(2) of the Law concerning 
Correspondence Delivery provided by Private-Sector Operators (Law No. 99 of 2002) provided by the 
General Correspondence Delivery Operators refe rred to in said Article 2(6) or Special 
Correspondence Delivery Operators referred to in said Article 2(9) － hereinafter referred to as 
“registered airmail, etc.” in  the following subsection). 
(3) Where documents have been sent by registered  airmail, etc. under the preceding subsection, the 
transmittal shall be deemed to have b een made at the time of dispatch. 
 
(Patent Gazette) 
193. — (1) The Patent Office shall publish the Patent Gazette (Tokkyo Kôhô). 
(2) In addition to the matters provided for in this Law, the Patent Gazette shall contain: 
(i)  decisions of refusal, or abandonment, withdrawal  or dismissal of a patent application after its 
laying open or withdrawal of an a pplication for the registration of an extension of the term of a patent 
right; 
(ii)  successions to the right to obtain a patent after the laying open; (iii) amendments of the description, patent claim( s) or drawing(s) attached to the request under 
Section 17 bis(17-2)(1) after the application has been la id open (in the case of an amendment under 
each paragraph of the proviso to Section 17 bis(17-2)(1), limited to one by submitting a written 
correction of mistranslation); 
(iv) extinguishment of patent rights (excluding that  due to the expiration of a term and that under 
Section 112(4) or (5)) or the restoration (limited to that under Section 112 bis(112-2)(2)); 
(v)  demands for a trial or retrial or withdrawals thereof; (vi) final and conclusive trial d ecision or retrial decisions (limited to patent applications with 
respect to which the establishment of a patent right ha s been registered or which have been laid open); 
(vii) particulars stated in the corrected descrip tion and patent claim(s) as well as the contents of 
drawing(s) (limited to those which a final and conclusive ruling or trial decision to correct has been 
rendered); 
(viii) requests for an arbitration decision or withdrawals thereof and arbitration decisions; (ix)  final judgments in an action under Section 1 78(1) (limited to patent applications with respect 
to which the establishment of a patent right has b een registered or which have been laid open). 
 
(Production of documents, etc.) 
194. — (1) The Commissioner of the Patent Office or  the examiner may require a party to produce 
documents or other evidence necessary for a procedure other than one relating to a trial or a retrial. 
(2) The Commissioner of the Patent Office or th e examiner may entrust a related administrative 
organization or an educational establishment or  other body with the search necessary for an 
examination. 
 
(Fees) 
195. — (1) The person specified hereunder shall pa y the fees the amount of which shall be 
prescribed by Cabinet Order with the actual costs taken into consideration: 
(i)  person requesting an extension of the time lim it under Section 4, 5(1) or 108(3), or change of 
date under Section 5(2); 
(ii)  person requesting re-i ssuance of Letters Patent; 
(iii) person making notification of successi on in accordance with Section 34(4); 
(iv) person requesting issuance of certificate in accordance with Section 186(1); (v)  person requesting issuance of copy or extract of documents in accordance with 
Section 186(1); 
(vi) person requesting inspection or copying of  documents in accordance with Section 186(1); 
(vii) person requesting issuance of documents containi ng matters recorded in that part of the Patent 
Register as prepared on magnetic tapes, in accordance with Section 186(1). 
(2) The persons specified in the left-hand column  of the attached table shall pay the fees the 
amount of which shall be prescribed by Cabinet Order within the limit of the amounts specified in the 
right-hand column of the table. 
(3) Where, after a person other than the applican t has made a request for examination, the number 
of claims is increased because of an amendment with  respect to the patent claim(s) attached to the IP/N/1/JPN/P/6 
Page 50  
 
  request, the fees for the request for examination to  be paid under the preceding subsection shall be 
paid by the applicant for the increased number of  claims, notwithstanding the preceding subsection. 
(4) The preceding three subsections shall not apply where the person to pay the fee in accordance 
with the subsections is the State. 
(5) Where the State and person(s) other than the State jointly own a patent right or a right to obtain 
a patent and there is an agreement with resp ect to their shares of the right, the fees under 
subsection (1) or (2) (limited to the fees prescribed  by Cabinet Order) shall be a sum with prescribed 
fees under these subsections multiplied by the ratios of th e shares of the person(s) other than the State, 
and person(s) other than the State shall pay su ch sum, notwithstanding the provisions of these 
subsections. 
(6) Where the State or other person(s) including a person who has the fees for the request for 
examination reduced or exempted under Section 195 bis(195-2) or other laws (hereinafter referred to 
as “reduction or exemption” in this subsection) join tly own a right to obtain a patent and there is an 
agreement with respect to their shares of the right, the fees to be paid for th e request for examination 
under subsection (2), notwithstanding said subsection,  shall be the sum obtained by the aggregate 
addition of the sum multiplied by the ratio of their shares to the sum of the fees under said subsection 
(in the case of the person who has the fees reduced or exempted, th e amount thereof after reduced or 
exempted) provided for each joint owner other than the State in said subsection, and such sum shall be 
paid by the person other than the State. 
(7) Where the amount of the fees calculated in accordance with the preceding two subsections has 
a fractional figure less than 10 yen, that fractional figure shall be discarded. 
(8) The payment of the fees under subsections (1) to  (3) shall be made by patent revenue stamps as 
prescribed by an ordinance of the Ministry of Economy, Trade and Industry.  However, wherever so prescribed by an ordinance of the Ministry of Ec onomy, Trade and Industry, such payment may be 
made in cash. 
(9) Where the patent application was abandoned or  withdrawn, between the time when the request 
for examination has been made and the time wh en any of the following order, notification or 
transmittal of a copy of the examiner’ decision was made, the fees paid for the request for 
examination to be paid shall be  refunded under subsection (2) to the extent as prescribed by Cabinet 
Order, upon the request of the person who paid them; 
(i)  the order under Section 39(7); (ii)  the notification under Section 48 septies (48-7); 
(iii) the notification under Section 50; (iv) the transmittal of the copy of the examiner’s decision under Section 52(2). 
(10) No refund of the fees under the preceding s ubsection may be requested after six months from 
the date on which a patent appli cation is abandoned or withdrawn. 
(11) A fee paid by mistake or in excess shall be refunded upon the request of the person making 
the payment. 
(12) No request for a refund of a fee under the preceding subsection may be made after one year 
from the date of payment. 
 
(Reduction of fee for request for examination, or exemption therefrom) 
195bis(195-2). — Where the Commissioner of the Patent Office recognizes that a person who is 
mentioned below and falls under the requirement prescr ibed by Cabinet Order for a person to be short 
of funds, cannot afford to pay a fee for request for examination, he may reduce the fee for request for 
examination under Section 195(2) with respect to hi s patent application, exempt him therefrom or 
grant him deferment of payment thereof as prescribed by Cabinet Order: 
(i)  the inventor of the patented invention or the inventor’s heir; (ii)  the employer etc., who has succeeded to the right to obtain a patent from the employee, etc., 
where the patent invention is an employee’s inventi on made by the employee, etc. as referred to in 
Section 35(1) and where it is provided in advan ce in a contractual provision, service regulation or 
other stipulation that the right to obtain a patent shall pass to the employer, etc. 
 
(Exemption of application of Administrative Procedure Law) 
195ter(195-3). — The second and third chapters of th e Administrative Procedure Law (Law 
No. 88 in 1993) shall not apply to the measures under this Law or an order or ordinance thereunder. 
 
(Restriction on appeals under Administrative Appeal Law) 
195quater (195-4). — No appeal under the Administrative Appeal Law shall lie from an 
examiner’s decision or a ruling to revoke a patent , a trial decision, and a ruling to dismiss a written 
opposition to the patent, or a demand for a trial or retrial nor from me asures against which no appeal 
lies in accordance with this Law. 
  IP/N/1/JPN/P/6 
 Page 51 
 
 
  Chapter XI — Penal Provisions 
 
(Offense of infringement) 
196. — Any person who has infringed a patent right or an exclusive license shall be liable to 
imprisonment with labor not exceeding five year s or to a fine not exceeding 5,000,000 yen. 
 
(Offense of fraud) 
197. — Any person who has obtained a patent, a regist ration of an extension of the term of a 
patent right, a ruling on the opposition to the patent, or a trial decision by means of a fraudulent act 
shall be liable to imprisonment with labor not exceeding three years or to a fine not exceeding 
3,000,000 yen. 
 
(Offense of false marking) 
198. — Any person infringing Section 188 shall be  liable to imprisonment with labor not 
exceeding three years or to a fine not exceeding 3,000,000 yen. 
 
(Offense of perjury, etc.) 
199. — (1) A witness, expert witness or interpreter w ho, having taken an oath under this Law, has 
made a false statement or has given a false expert opi nion or has interpreted falsely before the Patent 
Office or a court commissioned thereby shall be liabl e to imprisonment with labor for a term not less 
than three months nor more than ten years. 
(2) Where a person committing the offense in th e preceding subsection has made a voluntary 
confession before the certified copy of the interpre tation is transmitted or the ruling on the opposition 
to the patent or trial decision concerning the case has become final and conclusive, his sentence may be reduced or suppressed. 
 
(Offense of divulging secrets) 
200. — Where any present or former official of the Patent Office has divulged or made 
surreptitious use of the secrets relating to an invent ion in a patent applica tion to which he had access 
in the course of his duties, he shall be liable to  imprisonment with labor not exceeding one year or a 
fine not exceeding 500,000 yen. 
 (Offense of Secrecy Order violation) 
200bis(200-2). — (1) Any person violating the Secrecy Orde r shall be liable to imprisonment with 
labor not exceeding three years or to a fine not exceeding 3,000,000 yen. 
(2) The offence under the preceding subsecti on shall be prosecuted upon complaint. 
 
(Dual liability) 
201. — Where an officer representing a legal entity or a representative, employee or any other 
worker of a legal entity or of a natural person has committed an act in violation of any of the 
provisions prescribed in the following paragraphs w ith regard to the business of the legal entity or 
such natural person, the legal entity sh all, in addition to the offender, be liable to the fine prescribed in 
the following paragraphs, and such natural person sha ll, in addition to the offender, be liable to the 
fine prescribed in the Sections refe rred to in the following paragraphs: 
(i)  Section 196, a fine not exceeding 150 million yen; (ii)  Section 197, 198 or 200 bis(200-2)(1), a fine not exceeding 100 million yen. 
(2) In the case of subsection (1), a compla int lodged against an offender under Section 200 bis(200-
2)(2) shall be effective also with  respect to the legal entity or th e natural person concerned, and a 
complaint lodged against a legal entity or a natural pe rson shall be effective also with respect to the 
offender concerned. 
 
(Administrative penalties) 
202. — 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 a pplication 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, 
he shall be liable to an administrative penalty not exceeding 100,000 yen. 
 203. — Where a person who has been summoned by the Patent Office or a court commissioned 
thereby in accordance with this Law has failed to appear or has refused to take an oath, to make a 
statement, to testify, to give an expert opinion or to interpret, without a leg itimate reason, he shall be 
liable to an administrative penalty not exceeding 100,000 yen. 
 IP/N/1/JPN/P/6 
Page 52  
 
  204. — Where a person who has been ordered by the Patent Office or a court commissioned 
thereby to produce or show documents or other evid ence in accordance with th is Law relating to the 
examination or preservation of evidence has failed to  comply with the order, without a legitimate 
reason, he shall be liable to an admini strative penalty not exceeding 100,000 yen. 
  
Supplementary Provision 
(Law No. 121 of 1959) 
 
The entry into force of this Law shall be established by another law. 
 
Supplementary Provisions 
(Extract from Law No. 91 of 1970) 
 
(Entry into force) 
1. — This Law shall enter into force on January 1, 1971. 
 
(Application of Patent Law before revision) 
2. — A patent application which is pending in the Pa tent Office at the time of entry into force of 
this Law shall, unless otherwise provided for, be deal t with as heretofore until the examiner’s decision 
or trial decision with respect to the appl ication has become final and conclusive. 
 
(Annual fees) 
3. — An annual fee which has been paid or should ha ve been paid before the entry into force of 
this Law shall be as heretofore, notwithstanding S ection 107(1) of the Patent Law after its revision 
(hereinafter referred to as the “amended Patent Law”).  
 
(Grounds for invalidation of patents) 
4. — The grounds for invalidation of a patent result ing from a patent application filed before the 
entry into force of this Law shall be as heretofore, notwithstanding Section 29 bis and 123(1)(i) of the 
amended Patent Law. 
 
(Application fees) 
5. — Section 195(1) of the amended Patent Law shall apply with respect to a fee to be paid after 
the entry into force of this Law. However, this provision shall not apply to the fee prescribed in 
point 4 of the table attached to the said Law with re spect to a patent application filed before the entry 
into force of this Law. 
.....  
(Delegation to Cabinet Order) 
9. — In addition to those provided for in the pr eceding sections, the transitory measures necessary 
for the implementation of this Law shall be prescribed by Cabinet Order. 
 
Supplementary Provisions 
(Extract from Law No. 46 of 1975) 
 
(Entry into force) 
1. — This Law shall enter into force on Janua ry 1, 1976, with the following exceptions: 
(i)   the amended table under Section 107(1) of th e Patent Law and the ame nded table attached to 
the Patent Law, and Section 2(2) of these Supplementary Provisions shall enter into force on the day of promulgation of this Law; 
(ii)  the amended proviso to Section 17(1) of the Patent Law (with the exception of the portion 
amending “and Section 64” to “Sections 17 ter and 64”) shall enter into force on the day on which 
become effective the provisions of Articles 1 to 12 of the Paris Convention for the Protection of Industrial Property of March 20, 1883, as revised  at Brussels on December 14, 1900, at Washington 
on June 2, 1911, at the Hague on November 6, 1925, at London on June 2, 1934, at Lisbon on 
October 31, 1958 and at Stockholm on July 14, 1967, in accordance with Article 20(2)(c) of said Paris 
Convention. 
 
(Transitory measures incident to revision of Patent Law) 
2. — (1) A patent application which is pending in th e Patent Office at the time of entry into force 
of this Law shall, except for the fee to be paid in accordance with Section 195(1) of the Patent Law 
after its revision, be dealt with as heretofore un til the examiner’s decision or trial decision with 
respect to the application has become final and conclusive.  IP/N/1/JPN/P/6 
 Page 53 
 
 
  (2)  An annual fee which has been paid or should have been paid before the day of promulgation 
of this Law shall be as heretofore, notwithstanding S ection 107(1) of the Patent Law after its revision. 
(3)  The grounds for invalidation of a patent resu lting from a patent application filed before the 
entry into force of this Law shall be as heretofore. 
 
Supplementary Provisions 
(Extract from Law No. 45 of 1981) 
 
(Entry into force) 
1. — This Law shall enter into force from the day of promulgation.... However,... the amended 
provisions of Section 107(1) of the Patent Law, the amended provisions  of Section 31(1) of the Utility 
Model Law, the amended provisions of Section 42(1) and (2) of the Design Law, the amended 
provisions of Section 40(1) and (2) of the Tradem ark Law ... shall enter into force on June 1, 1981. 
 
(Transitory measures) 
2. — The following fees shall be as heretofore: 
..... 
(iii)  An annual fee which has been paid or should ha ve been paid before the entry into force of the 
amended provisions of Section 107(1) of the Patent Law. 
 
Supplementary Provision 
(Extract from Law No. 41 of 1985) 
 
(Entry into force) 
1. — This Law shall enter into force on the day to be set by Cabinet Order within six months from 
the day of promulgation.... 
 
(Transitory measures) 
1. — For the purposes of a patent of addition applica tion filed before the entry into force of this 
Law and pending in the Patent Office at the time of entry into force of  this Law or a patent right of 
addition in existence at the time of entry into fo rce of this Law, the provisions of the Patent Law 
before the revision by this Law shall still have effect after the entry into force of this Law. 
 2. — For the purposes of an amendment which was ma de before the entry into force of this Law 
with respect to the specification or drawings attached  to the request of a patent application or a utility 
model application (limited to an amendment made  before the transmittal of the ruling that the 
application is to be published) and which was dec lined by a ruling that the amendment would change 
the gist of the specification or drawings attached to the said request, the provisions of the Patent Law 
and the Utility Model Law before the revision by this  Law shall still have effect after the entry into 
force of this Law. 
 
Supplementary Provisions 
(Extract from Law No. 27 of 1987) 
 
(Entry into force) 
1. — This Law shall enter into force on January 1,  1988. However, the provisions indicated in the 
following paragraphs shall enter into force on the dates specified respectively in said paragraphs: 
(i)   .... Section 107 and “Attached Table” (R elated to Section 195) — June 1, 1987; 
(ii)  Section 184 quater , Section 184 quinquies , Section 184 sexies , Section 184 septies , Section 
184octies , Section 184 novies , Section 184 decies-bis , Section 184
undecies-ter , Section 184 duodecies , 
Section 184 terdecies  and Section 184 sedecies — December 8, 1987. 
 
(Transitory measures) 
3. — (1) Section 36(4) and (5), Section 37, section 49(iii), the proviso to Section 55(1), the portion 
other than the paragraphs of Section 123(1) except paragraph (iii) thereof, Section 155(3), Section 185 
and Section 195(3) of the Patent La w after amendment (hereinafter re ferred to as “New Patent Law”) 
shall apply to a patent application filed after the entr y into force of this Law while a patent application 
filed before the entry into force of this  Law shall be dealt with as heretofore. 
(2)  The principal sentence of Section 55 of th e New Patent Law (including its application under 
Section 13 of the Utility Model Law) shall apply to a patent application or a utility model application 
published ( Kôkoku ) after the entry into force of this Law while a patent application or a utility model 
application published ( Kôkoku ) before the entry into force of this Law shall be dealt with as 
heretofore.  IP/N/1/JPN/P/6 
Page 54  
 
  Supplementary Provisions 
(Extract from Law No. 91 of 1988) 
 
(Entry into force) 
1. — This Law shall enter into force on January 1, 1989. 
 
Supplementary Provisions 
(Extract from Law No. 30 of 1990) 
 
(Entry into force) 
1. — This Law shall enter into force on December 1, 1990. 
 
Supplementary Provisions 
(Extract from Law No. 26 of 1993) 
 
(Entry into force) 
1. — This Law shall come into force as of a day to be determined by Cabinet Order within a 
period not exceeding one year counti ng from the day of promulgation. 
 
Supplementary Provisions 
(Extract from Law No. 89 of 1993) 
 
(Entry into force) 
1. — This Law shall enter into force on the date (October 1, 1994) on which the Administrative 
Procedure Law (Law No. 88 in 1993) is to enter into force. 
 
Supplementary Provisions 
(Extract from Law No. 116 of 1994) 
 
(Entry into force) 
1. — This Law shall enter into force on July 1,  1995. However, the provisions indicated in the 
following paragraphs shall enter into force on the da tes specified respectively in the said paragraphs. 
(i)   The amended provisions of Section 30(3) of the Patent Law prescribed in Section 1; 
the provisions prescribed in Section 5 (excluding the amended provisions of  Sections 10(3), 13(1), 
44(2) and 63 bis of the Trademark Law); and the provisions prescribed in Section 9: 
— July 1, 1995 or the day on which the Marrakesh Agreement Establishing the World Trade 
Organization become effective in Japan ... whichever is later. 
(ii)  The provisions prescribed in Section 2; the amended provisions of Sections 3 bis(1) (limited to the part amending “publication of 
application” into “publication of the Patent Ga zette containing the matters referred to in each 
paragraph thereof”), 10(5) and (6), 14(4) and 39(3) , the amended provisions of Section 45 (excluding 
the part adding a subsection to this Sec tion), the amended provisions of Section 50 bis (limited to the 
part amending “Section 174(2)” into “Section 174( 3)” and “Section 193(2)(v)” into “Section 
193(2)(iv)”), the amended provisions of Section 53( 2) and the amended provisions of Section 62 
(limited to the part amending “S ection 174(2)” into “Section 174(3)”), of the Utility Model Law; 
the amended provisions of Sections 13(3), 19, 58, 68(1) and 75 of the Design Law; 
the provisions prescribed in Section 6; the amended provisions of the Patent Attorney Law prescribed in Section 7; and the provisions of Sections 8, 9, 10(2), 17 and 19: 
— January 1, 1996.   
Supplementary Provisions 
(Extract from Law No. 68 of 1996)  
(Entry into force) 
1. — This Law shall enter into force on April 1, 1997. 
.....  
Supplementary Provisions 
(Extract from Law No. 51 of 1998)  
(Entry into force) 
1. — This Law shall enter into force on January 1, 1999. 
.....   IP/N/1/JPN/P/6 
 Page 55 
 
 
  Supplementary Provisions 
(Extract from Law No. 41 of 1999)  
(Entry into force) 
1. — This Law shall enter into force on January 1, 2000. 
..... 
 
Supplementary Provisions 
(Extract from Law No. 43 of 1999)  
(Entry into force) 
1. — This Law shall enter into force on April 1, 2001. 
.....  
Supplementary Provisions 
(Extract from Law No. 151 of 1999)  
(Entry into force) 
1. — This Law shall enter into force on April 1, 2000. 
.....  
Supplementary Provisions 
(Extract from Law No. 160 of 1999)  
(Entry into force) 
1. — This Law shall enter into force on January 6, 2001. 
.....  
Supplementary Provisions 
(Extract from Law No. 220 of 1999)  
(Entry into force) 
1. — This Law shall enter into force on January 6, 2001. 
..........  
Supplementary Provisions 
(Extract from Law No. 24 of 2002)  
(Entry into force) 
1. — This Law shall enter into force on July 1, 2003. 
.......... 
Supplementary Provisions 
(Extract from Law No. 47 of 2003)  
(Entry into force)  
1. — This Law shall enter into force on January 1, 2004. However, the provisions indicated in the 
following paragraphs shall enter into force on the da tes specified respectively in the said paragraphs: 
.......... (ii) the amended provisions of Sections 107 and 195 of the Patent Law, and the paragraphs (i) to 
(iv) and (vi) of “Attached Table” (Related to Section 195) thereof  …… －April 1, 2004. 
..........  
Supplementary Provisions 
(Extract from Law No. 79 of 2004)  
(Entry into force) 
1. — This Law shall enter into force on April 1, 2005. 
.....  
 IP/N/1/JPN/P/6 
Page 56  
 
  Attached Table 
(Related to Section 195)   
 Person liable to pay Amounts 
1. Person filing patent application (except those in the 
following paragraph) 
 ¥16,000 per case 
2. Person filing foreign language file application 
 ¥26,000 per case 
3. Person taking proceeding under Section 
184quinquies (184-5)(1) 
 ¥16,000 per case 
4. Person making request under Section 184 vicies (184-
20)(1) 
 ¥16,000 per case 
5. Person making request for ex tension of term of patent 
right 
 ¥74,000 per case 
6. Person making request for examination ¥168,600 per case plus 
¥4,000 per claim 
 
7. Person amending description, patent claim(s) or 
drawing(s) by submitting written correction of incorrect translation 
 ¥19,000 per case 
8. Person requesting interpretation in accordance with 
Section 71(1) 
 ¥40,000 per case 
9. Person requesting arbitration decision 
 ¥55,000 per case 
10. Person requesting cancellation of arbitration decision 
 ¥27,500 per case 
11. Person demanding trial or retrial (except those listed 
below) 
 ¥49,500 per case plus 
¥5,500 per claim 
12. Person demanding trial against examiner’s decision 
of refusal of, or trial for invalidation of, registration of extension of term of pate nt right or retrial against 
any of these final and conclusive trial decisions 
 ¥55,000 per case 
13. Person demanding correction of description, patent 
claim(s) or drawing(s) (excluding case where the demand for the correction trial deemed to have been withdrawn under Section 134 ter(134-3)(4) resulting 
from demanding thereof) 
 ¥49,500 per case plus 
¥5,500 per claim 
14. Person demanding intervention in trial or retrial 
 ¥55,000 per case 
 
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