1  
 
 
 
 
 
 
 
 
 
Act Concerning International Applications, etc.  
Pursuant to the Patent Cooperation Treaty  
(Act No. 30 of April 26, 1978, as amended)  
 
Table of Contents  
Chapter I General Provisions (Article 1 ) 
Chapter I I The International Application (Article 2 to 7)  
Chapter III The International Search  (Article 8 and 9)  
Chapter IV The International Preliminary  Examination  (Article 10 to 15)  
Chapter V Miscellaneous Provisions  (Article 16 to 21)  
Supplementary Provisions  
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  This English translation of the Patent  Act has been prepared (up to the revisions 
of Act No. 33 of 201 8 (Effective  April 1, 201 9)). 
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Japanese texts published in the Official Gazette.  2  
 
Chapter I General Provisions  (Article 1 ) 
 
(Purpose)  
1.―This Act shall provide for proceedings to be taken between the Patent Office 
and an applicant concerning an international application, international search and 
international preliminary examination pursuant to the Patent Cooperation Treaty 
done at Washington on Jun e 19, 1970 (hereinafter referred to as “Treaty ”). 
 
Chapter I I The International Application  (Article 2 to 7 ) 
 
(The international application)  
2.―A Japanese national or an alien who is domiciled or resident (or, in the case of a 
legal entity, established) in Japan (hereinafter referred to as a “Japanese national, 
etc.”) may file an international application referred to in Article 2(vii) of the Treat y 
(hereinafter referred to as “international application ”) with the Commissioner of the 
Patent Office. The same shall also apply in the case where a Japanese national, etc. 
and a person other than the Japanese national, etc. jointly file an international 
application.  
 
(The request, etc.)  
3.―(1) A person desiring to file an international application shall submit to the 
Commissioner of the Patent Office a request, a description, one or more claims, one 
or more drawings (where required) and an abstract in the Japanese language or in a 
foreign language specified in an ordinance of the Ministry of Economy, Trade and 
Industry.  
(2) The request shall contain the following : 
(i) a petition to the effect that the international application be processed according 
to the Treaty;  
(ii) the name, the nationality and the domicile or residence of the applicant;  
(iii) the title of the invention;  
(iv) other particulars specified in an ordinance of the Ministry of Economy, Trade 
and Industry.  
(3) An ordinance of the Ministry of Economy, Trade and Industry shall prescribe the 3 matters to be stated or illustrated in a description, claims, drawings and an abstract, 
and other necessary particulars in relation to these documents.  
 
(According of the international filing date, etc.)  
4.―The Commissioner of the Patent Office shall decide to accord as the international 
filing date the date of receipt of the international application, unless the 
international application falls under any of the following items:  
(i) the applicant does not comply with the requirements of Article 2;  
(ii) the particulars listed in Article 3(2)(i) are not stated;  
(iii) the name of the applicant is not stated, or the statement is not considered 
sufficient to the extent to enable the identification of the applica nt; 
(iv) the international application does not contain a description or a claim or claims.  
(v) the description and claims(s) are not in the Japanese language or in a foreign 
language specified in an ordinance of the Ministry of Economy, Trade and 
Industry  referred to in Article 3(1);  
(2) Where an international application falls under any of the items of the preceding 
paragraph, the Commissioner of the Patent Office shall invite the applicant to make 
the required correction in writing, designating an adequa te time limit.  
(3) The Commissioner of the Patent Office shall decide to accord as the international 
filing date the date of receipt of the correction in writing when the person whom he 
has invited to make the correction under the preceding paragraph has c omplied 
with the invitation within the time limit designated in accordance with the said 
paragraph.  
 
5.―(1) Where an international application refers to drawings which are not included 
in that application, the Commissioner of the Patent Office shall notify  the applicant 
accordingly.  
(2) If the person who has been notified in accordance with the preceding paragraph 
has furnished the drawings mentioned in the said paragraph within the time limit 
prescribed in an ordinance of the Ministry of Economy, Trade and  Industry, the 
Commissioner of the Patent Office shall decide the date on which the drawings are 
received as the international filing date.  
 
(Invitation to make corrections)  
6.―Where an international application falls under any of the following items, the 
Commissioner of the Patent Office shall invite correction to be made in writing, 4 designating an adequate time limit:  
(i) where the request is not in the Japanese language or a foreign language specified 
in an ordinance of the Ministry of Economy, Trade and  Industry;  
(ii) where the title of an invention is not stated;  
(iii) where drawings (limited to the text matter of drawings) and an abstract are not 
in the same language as that of the description and claim(s);  
(iv) where an abstract is not contained;  
(v) where there is no compliance with Article 16(3) or Article 7(1) to (3) of the Patent 
Act (Act No. 121 of 1959) applied in the first sentence of Article 19(1) (or 
provisions of pertinent Cabinet Order if any exceptions are made therefor by 
Cabinet Order ref erred to in the second sentence of Article 19(1);  
(vi) where there is no compliance with formal requirements specified in an 
ordinance of the Ministry of Economy, Trade and Industry.  
 
(Decision for being conside red withdrawn ) 
7.―When an international application falls under any of the following items, the 
Commissioner of the Patent Office shall decide that such application shall be 
considered withdrawn:  
(i) when a person  who has been invited to make a  correction under Article 6 has 
failed to make the c orrection within the time limit designated in accordance with 
the said Article;  
(ii) when the fees t o be paid under Article 18(2) ( excluding the portion specified in 
row of table 3 under said paragraph) have not been paid within the time limit 
prescribed i n an ordinance of the Ministry of Economy, Trade and Industry;  
(iii) in respect of an international application for which the decision under Article 
4(1) or (3) or article 5(2) has been made, when the said international application 
is found to fall under a ny of the items of article 4 (1) within the time limit 
prescribed in an ordinance of the Ministry of economy, Trade and Industry.  
 
Chapter III The International Search  (Article 8 and  9) 
 
8.―(1) In respect of an international application [excluding one for which the 
international search referred to in Article 15 of the Treaty (hereinafter referred to 
as “international search ”) is carried out by another International Searching 
Authority provide d for in the Treaty. Hereinafter the same in this Chapter and the 
next Chapter] for which the decision under Article 4(1) or (3) or Article 5(2) has been 5 made, the Commissioner of the patent Office shall have an examiner establish the 
international search report referred to in Article 18(1) of the Treaty (hereinafter 
referred to as “international search report ”). 
(2) Where an international application falls under any of the following items in 
connection with all of the claims therein, the examiner shall dec ide not to establish 
the international search report, notwithstanding the provision of the preceding 
paragraph:  
(i) where the international application relates to a subject matter for which an 
ordinance of the Ministry of Economy, Trade and Industry provides that the 
international search is not required;  
(ii) where the necessary matters are not disclosed in the description, the claims or 
the drawings, or the disclosure is so unclear that a meaningful search could not 
be carried out on the basis of suc h documents.  
(3) Where an international application falls under any of the items under the 
preceding paragraph in connection with certain claims therein, the examiner shall 
indicate accordingly and also state the result of the international search carried out 
in connection with only those claims other than the said certain claims in the 
international search report.  
(4) Where an international application does not comply with the requirement of unity 
of invention referred to in Article 17(3)(a) of the Treat y, the Commissioner of the 
Patent Office shall invite the applicant to pay the additional fees which are to be 
fixed, the exte nt the amount obtained by multi plying the number of the claimed 
inventions minus one by 78,000 yen, by Cabinet Order, designating an  adequate 
time limit.  
(5) Where the applicant who was invited to pay additional fees under the preceding 
paragraph has no paid the required additional fees within the time limit designated 
in accordance with the said paragraph, the examiner shall, as provi ded in an 
ordinance of the Ministry of Economy, Trade and Industry, separate the 
international application into a part which relates to inventions in respect of which 
the said fees were paid and a part which relates to the other  inventions  and shall 
state in the international search report the result of the international search 
carried out for that part which relates to the inventions in respect of which the said 
fees were paid, whereas, for that part which relates to the other inventions, a note 
to that ef fect. 
 
(Request for copy of reference)  6 9.―Where the international search report concerning his international application 
contains the citations of the documents considered to be relevant to his 
international application, the applicant may make a request to  the Commissioner 
of the Patent office within the time limit prescribed in an ordinance of the Ministry 
of Economy, Trade and Industry for copies of those documents to be sent.  
  
 Chapter IV The International Preliminary Examination  (Article 10 to 15)  
 
(Demand for  international preliminary examination )  
10.― (1) The applicant of an international application for which the decision under 
Article 4(1) or (3) or Article 5(2) has been made may make a demand to the 
Commissioner of the Patent Office for international preliminary examination 
referred to in Article 33 of t he Treaty (hereinafter referred to as “international 
preliminary examination ”) in respect of his international application within the 
time limit prescribed in an ordinance of the Ministry of Economy, Trade and 
Industry. However, this provision shall not apply where the applicant is other than 
those who are entitled to make a demand for international preliminary examination 
under Article 31(2) of the Treaty and where there are situations provided for in an 
ordinance of the Ministry of Economy, Trade and In dustry.  
(2) A person desiring to make a demand referred to in the preceding paragraph shall 
submit to the Commissioner of the Patent Office a written demand which indicates, 
in the Japanese language or in a foreign language prescribed in an ordinance of th e 
Ministry of Economy, Trade and Industry, matters specified in an ordinance of the 
Ministry of Economy, Trade and Industry.  
 
(Amendment in consequence of demand for international preliminary examination)  
11.― The applicant of an international application having made a demand for 
international preliminary examination may amend the description, the claims or 
the drawings within the time limit prescribed in an ordinance of the Ministry of 
Economy, Trade and Industry within the disclosure in the description, t he claims or 
the drawings of the international  application as filed.  
 
(International preliminary examination report)  
12.― (1) Where a demand for international preliminary examination has been made, 
the Commissioner of the Patent Office shall have an examin er establish the 
international preliminary examination  report revered  to in Article 35 of the Treaty 7 (hereinafter referred to as “international search report ”) in respect of the 
international application for which the said demand has been made.  
(2) Where t he international application for which a demand for international 
preliminary examination has been made falls under any of the following items in 
connection with all of the claims therein, the examiner shall so indicate and where 
such international applica tion falls under any of the following items in connection 
with certain claims therein, the examiner shall indicate accordingly and also state 
the result of the international preliminary examination  carried out in connection 
with only those claims other tha n the said certain claims in the international 
preliminary examination report:  
(i) where the international application relates to a subject matter for which an 
ordinance of the M inistry of Economy, Trade and Industry provides that the 
international prelimi nary examination is not required;  
(ii) where the description, the claims, or the drawings, are so unclear, or the claims 
are so inadequately  supported by the description, that an opinion referred to in 
Article 33(1) of the Treaty cannot be formed on novelt y, inventive step, or 
industrial applicability defined in Article 33(2), (3) or (4) of the Treaty in respect 
of the claimed invention.  
(3) Where the international application for which a demand for international 
preliminary examination has been made does n ot comply with the requirements of 
unity of invention referred to in Article 34(3)(a) of the Treaty, the Commissioner of 
the Patent Office shall invite the applicant to restrict the claims to be subjected to 
the international preliminary examination or to pay the additional fees which are 
to be fixed, to the extent the amount obtained by multiplying the number of the 
claimed inventions minus one by 21,000 yen, by Cabinet Order, designating an 
adequate time limit.  
(4) Where the applicant who was invited to r estrict the claims to be subjected to the 
international preliminary examination or to pay the additional fees under the  
preceding paragraph has not restricted the said claims or has not paid the required 
additional fees within the time limit designated un der the said paragraph, the 
examiner shall, as provided in an ordinance of the Ministry of Economy, Trade and 
Industry, separate the international application into a part which relates to 
inventions in respect of which the said fees were paid and a part wh ich relates to 
the other inventions and shall state in the international preliminary examination 
report the result of the international preliminary examination carried out for that 
part which relates to the inventions in respect of which the said fees were  paid, 8 whereas, for that part which relates to the other inventions, a note to that effect.  
 
(Submission of written response)  
13.― Where the international application for which a demand for international 
preliminary examination has been made falls under an y of the following items, the 
examiner  shall inform the applicant accordingly and of the reasons therefor prior 
to establishing the international  preliminary examination report and give him an 
opportunity  to submit a written response, designating an adequa te time limit:  
(i) where the claimed inventions lack novelty, inventive step, or industrial 
applicability  defined in Article 33(2), (3) or (4) of the Treaty;  
(ii) where it is necessary for the international preliminary examination report to 
contain the obs ervations referred to in Article 35(2) of the Treaty or where there 
is a provision in an ordinance of the Ministry of Economy, Trade and Industry.  
 
(Defects, etc., in proceedings for demanding international preliminary examination)  
14.―Where, in respect of  the demand for international preliminary examination, the 
fees to be paid under Article 18(2) (excluding the portion specified in row of table 3 
under said paragraph) have been paid, or there are such reasons  as provided for in 
an ordinance of the Ministr y of Economy, Trade and Industry, the proceedings to 
be taken by the Commissioner of the Patent Office and the applicant and the effect 
thereof shall be provided for by Cabinet Order.  
 
(Application mutatis mutandis)  
15.―Article 9 shall apply mutatis mutand is to the case where the applicant has 
made a demand for international preliminary examination.  
 9 Chapter V-- Miscellaneous Provisions  (Article 16 to 21)  
 
(Representatives, etc.)  
16.―(1) In respect of proceedings to be taken under this Act in the case where two 
or more persons jointly filed an international application, a representative of the 
applicants may take such proceedings, or such proceedings may be taken against 
such representative, subject to the provisions in an ordinance of the M inistry of 
Economy, Trade and Industry.  
(2) Where two or more persons jointly filed an international application but they 
have not designated their representative, the Commissioner of the Patent Office 
may appoint a representative of the applicants as prov ided in an ordinance of the 
Ministry of Economy, Trade and Industry.  
(3) A person desiring to take proceedings under this Act through an agent shall 
appoint a patent attorney or an attorney at law as his agent, except the case where  
a proceeding is taken b y a legal representative in accordance with the principal 
sentence of Article 7(1) of the Patent Act as applied under the first sentence of 
Article 19(1) of this Act or where a situation is provided for by Cabinet Order.  
 
(Special provisions for correction s, etc.)  
17.―Where the applicant has taken, prior to the receipt of the invitation referred to 
in Article 4(2) or the notification referred to in Article 5(1), the proceeding which 
should be taken if the said invitation or the said notification were received, the said 
proceeding shall be considered to have been taken or receipt of the said invitation 
or the said notification, subject to the provisions in an ordinance of the Ministry of 
Economy, Trade and Industry.  
 
(Fees)  
18.―(1) The person making the  request referred to in Article 9 (including its 
application under Article 15) shall pay the fees the amount of which shall be 
prescribed by Cabinet Order with the actual costs taken into consideration.  
(2) The persons specified in the second column of the  following table shall pay the 
fees the amount of which is the sum of the amount prescribed by Cabinet Order 
within the limit of the amounts specified in the third column of the table and the 
amount specified in the fourth column of the said table:  
(i) a p erson filing an international application for which the international search is 
to be carried out by the Patent Office ― 110,000 yen per case; the amount 10 prescribed by Cabinet Order as the fee related to the International Bureau 
(meaning the International Bureau defined in Article 2(xix) of the Treaty  --
hereinafter referred to as " International Bureau ") of the fees under Article 
3(4)(iv) of the Treaty.  
(ii) a person filing an international application for which the international search 
is to be carried out by an International Searching Authority which is other than 
the Patent Office and which is provided for in the Treaty ― 13,000 yen per case; 
the amount prescribed by Cabinet Order, as the fee related to the International 
Searching Authority defined in the Treaty other than the Patent Office and the 
International Bureau, of the fees under Article 3(4)(iv) of the Treaty.  
(iii) a person making a demand for international preliminary examination ― 
36,000 yen per case; the amount prescribed by Cabinet Order as the fee related 
to the International Bureau defined  of the fees under Article 31(5) of the Treaty.  
(3) Article 195(4), (5), (7), (8), and (11) to (13) of the Patent Act shall apply mutatis 
mutandis to the fees to be paid under paragraph (1) and the pr eceding paragraph 
(excluding the portion of the amount specified in the fourth column of the table 
under the said paragraph) and the fees required to be paid additionally under 
Article 8(4) or Arti cle 12(3 ); Article 195(6) of the said Act shall apply mutatis 
mutandis to the fees required to be paid under the preceding paragraph (excluding 
the portion of the amount specified in the fourth column of the table under the said 
paragraph);  and Article195( 8), and (11) to (13) shall apply mutatis mutandis to the 
fees to be paid under the preceding paragraph (excluding the portion of the amount 
prescribed by Cabinet Order in the said paragraph within the amount specified in 
the third column of the table under  the said paragraph), respectively.  
 
(Reduction of or exemption from fees ) 
18-2.―The C ommissioner of the Patent O ffice may, pursuant to the provisions of 
Cabinet Order, grant a person filing an international application in the Japanese 
language who is a person specified by Cabinet Order , while comprehensively 
considering matters including the person's financial resources, ability  to carry out 
research  and development and techno logy development , and degree of contribution 
to the development of industry, such as a small and medium -sized enterprise 
operator  (meaning a small and medium -sized enterprise operator provided in 
Article 109 -2(2) of the Patent Act) and an experiment and research  institute, etc.  
(meaning an experiment and research  institute, etc. provided in paragraph (3) of 
the said Article) , a reduction of,  or exemption from , the fees required to be paid 11 under paragraph (2) of the preceding Article (limited to the portion of the amount 
prescribed by Cabinet Order  in the said paragraph within the amount specified in 
the third column of the table under the said paragraph).  
 
(Application mutatis mutandis of Patent Act) 
19.―(1) Articles 7(1) to (3), 8, 11, 13(1) and (4), 16, 20 and 21 of the Patent Act shall 
apply mutatis mutandis to the proceedings under this Act. In this case, where there 
are any particular provisions in the Treaty or Regulations under the patent 
Cooperatio n Treaty (hereinafter referred to as “Regulations”), Cabi net Order may 
provide for special provisions for the implementation of the said particular 
provisions.  
(2) Article 47(2) of the Patent Act shall apply mutatis mutandis to international 
search and in ternational preliminary examination.  
(3) Article 195ter of the Patent Act shall apply mutatis mutandis to the measures 
under this Act or an order or ordinance under this Act. 
 
(Delegation to ordinance of Ministry of International Trade and Industry)  
20.―In addition to the provisions from Articles 2 to 19, details of the matters 
necessary in the implementation of the Treaty and Regulations concerning the 
international application, international search and international preliminary 
examination shall be prescri bed by an ordinance of the Ministry of Economy, Trade 
and Industry.  
 
(Tasks as an office and Authority under the Treaty)  
21.―No provisions of this Act shall preclude the Patent Office from carrying out, in 
accordance with the Treaty or Regulations, or any agreements made pursuant 
thereto, the tasks as specified in the Treaty for the Receiving Office, International 
Searching Authority or International Preliminary Examining Authority, on behalf 
of persons other than those who are subject to the provisions of this Act, to the 
extent that there shall be no bar on the orderly execution of the tasks to be carried 
out by the Patent Office pursuant to the provisions of this Act, the patent Act and 
other laws, where necessary from the view point of internation al coop eration in 
industrial property.  
 
Supplementary provisions (Extract)