1  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Patent Act (Act No. 121 of 1959)  
 
Table of Contents  
Chapter I General Provisions (Article 1 to Article 28)  
Chapter II Patents and Patent Applications (Article 29 to Article 46 -2) 
Chapter III Examination (Article 47 to Article 63)  
Chapter III -2 Laying Open of Applications (Article 64 to Article 65)  
Chapter IV Patent Rights  
Section 1 Patent Rights  (Article 66 to Article 99)  
Section 2 Infringement of rights (Article 100 to Article 106)  
Section 3 Patent Fees (Article 107 to Article 112 -3) 
Chapter V Opposition to a granted patent  (Article 113 to Article 120 -8) 
Chapter VI Trials and Appeals  (Article 121 to Article 170)  この特許 法の翻訳は 、平成三十年法律第 三十三号（平成３１年４月１日施行）に
ついて作成したものです。  
この法令の翻訳は公定訳ではありません。法的効力を有するのは日本語の法令自
体であり、翻訳はあくまでその理解を助けるための参考資料です。この翻訳の利用
に伴って発生した問題について、一切の責任を負いかねますので、法律上の問題に
関しては、官報に掲載された日本語の法令を参照してください。  
 
  This English translation of the Patent  Act has been prepared (up to the 
revisions of Act No. 33 of 201 8 (Effectiv e April  1, 201 9)). 
  This is an unofficial translation. Only the original Japanese texts of laws and 
regulations have legal effect, and the translations are to be used solely as 
reference material to aid in the understanding of Japanese laws and regulation s.  
  The Government of Japan shall not be responsible for the accuracy, reliability 
or currency of the legislative material provided in this Website, or for any 
consequence resulting from use of the information in this Website. For all 
purposes of interpr eting and applying law to any legal issue or dispute, users 
should consult the original Japanese texts published in the Official Gazette.  
 2 Chapter VII Retrial  (Article 171 to Article 177)  
Chapter VIII Litigation (Article 178 to Article 184 -2) 
Chapter IX Special Provisions Concerning International Applications under the 
Patent Cooperation Treaty (Article 184 -3 to Article 184 -20) 
Chapter X Miscellaneous Provisions (Article 185 to Article 195 -4) 
Chapter XI Penal Provisions (Article 196 to Article 204)  
Supplementary Provisions  
Chapter I General Provisions (Article 1 to Article 28)  
 
(Purpose)  
Article 1  The purpose of this Act is, through promoting the protection and the 
utilization of inventions, to encourage inventions, and thereby to contribute to the 
development of industry.  
 
(Definitions)  
Article 2  (1) "Invention" in this Act means the highly advanced creation of technical 
ideas utilizing the laws of nature.  
(2) "Patented invention" in this Act means an invention for which a patent has been 
granted.  
(3) "Working" of an invention in this Act means the following acts:  
(i) in the case of an invention of a product (including a computer program, etc., the 
same shall apply hereinafter), producing, using, assigning, etc. (assigning and 
leasing and, in the case where the product is a computer program, etc., including 
providing through an electric telecommunication line,  the same shall apply 
hereinafter), exporting or importing, or offering for assignment, etc. (including 
displaying for the purpose of assignment, etc., the same shall apply hereinafter) 
thereof;  
(ii) in the case of an invention of a process, the use thereo f; and  
(iii) in the case of an invention of a process for producing a product, in addition to 
the action as provided in the preceding item, acts of using, assigning, etc., 
exporting or importing, or offering for assignment, etc. the product produced by 
the process.  
(4) A "computer program, etc." in this Act means a computer program (a set of 
instructions given to an electronic computer which are combined in order to 
produce a specific result, hereinafter the same shall apply in this paragraph) and 
any other  information that is to be processed by an electronic computer equivalent 3 to a computer program.  
 
(Calculation of time periods)  
Article 3  (1) The calculation of time periods under this Act or any order issued 
under this Act shall be made in accordance wit h the following provisions.  
(i) The first day of the period shall not be included in the calculation; provided, 
however, that this shall not apply where the period of time commences at 00:00 
hours.  
(ii) Where the period is indicated by months or years, suc h months or years shall 
refer to calendar months or calendar years. Where the period is not calculated 
from the beginning of a month or a year, the period shall expire on the preceding 
day of the day corresponding to the first day of the calculation in the  last month 
or year; provided, however, that where there is no corresponding day in the last 
month, the period shall expire on the last day of the last month.  
(2) Where the last day of the prescribed period for any procedures relating to a patent 
(hereinafter referred to as "procedures") including filing a patent application and 
a request, is any of the days provided for in Article 1(1) of the Act on Holidays of 
Administrative Organs (Act No. 91 of 1988), the day following such day shall be 
the las t day of the period.  
 
(Extension of time limits, etc.)  
Article 4  The Commissioner of the Patent Office may, upon request or ex officio, 
extend the period provided for in Articles 46 -2(1)(iii), 108(1), 121(1) and 173(1), for 
a person in a remote area or an  area with transportation difficulty.  
 
Article 5  (1) Where the Commissioner of the Patent Office, the chief administrative 
judge , or the examiner has designated a time limit by which procedures are to be 
undertaken under this Act, the said official may, u pon request or ex officio, extend 
the time limit.  
(2) Where the chief administrative judge  has designated a specific date under this 
Act, the said official may, upon request or ex officio, change such date.  
(3) The extension of the time limit under paragra ph (1) (the time limit as provided 
in Ordinance of the Ministry of Economy, Trade and Industry only) may be 
requested even after the expiration of the said time limit , but not later than the 
time limit as provided in Ordinance of the Ministry of Economy, T rade and 
Industry.  4  
(Capacity of associations, etc. which are not juridical persons to undertake 
procedures)  
Article 6  (1) An association or foundation which is not a juridical person but for 
which a representative or an administrator has been designated may, in its name:  
(i) file a request for examination of an application;  
(ii) file an opposition to a granted patent ;  
(iii) file a request for a n invalidation trial or a trial for invalidation of the 
registration of extension of duration; and  
(iv) file a r equest for a retrial in accordance with Article 171(1), against a final and 
binding decision in a n invalidation trial or a trial for invalidation of the 
registration of extension of duration.  
(2) An association or foundation which is not a juridical person  but for which a 
representative or an administrator has been designated may be named as a 
demandee in a request filed for a retrial against a final and binding decision in a n 
invalidation trial or a trial for invalidation of the registration of extension o f 
duration.  
 
(Capacity of minors or adult wards etc. to undertake procedures)  
Article 7  (1) Minors or adult wards may not undertake procedures except through 
their statutory representatives; provided, however, that this shall not apply where 
a minor is capable of independently performing a juristic act.  
(2) Where a person under curatorship undertakes procedures, the consent of a 
curator is required.  
(3) Where a statutory representative undertakes procedures, the consent of a 
supervisor of the guardian, if any, is required.  
(4) Where a person under curatorship or a statutory representative files an 
opposition  to a granted patent  concerning his / her patent right  or an adverse party 
files a request for a trial or retrial involving the person under curatorsh ip or the 
statutory representative, the preceding two paragraphs shall not apply.  
 
(Patent administrators for overseas residents)  
Article 8  (1) Unless otherwise provided for by Cabinet Order, no person domiciled 
or resident (or, in the case of a juridical  person, with a business office) outside 
Japan (hereinafter referred to as an "overseas resident") may undertake 
procedures or institute action against measures taken by a  relevant 5 administrative agency in accordance with the provisions of this Act or an o rder 
issued under this Act, except through a representative domiciled or resident in 
Japan, who is acting for such person in handling matters related to the person's 
patent (hereinafter referred to as a "patent administrator").  
(2) The patent administrator  shall represent the principal in all procedures and 
litigation against measures taken by any relevant administrative agency in 
accordance with the provisions of this Act or an order issued under this Act; 
provided, however, that this shall not apply where  the overseas resident limits the 
scope of authority of representation of the patent administrator.  
 
(Scope of authority of representation)  
Article 9  An agent of a person domiciled or resident in Japan (or, in the case of a 
juridical person, with a busine ss office) and who is undertaking a procedure shall 
not, unless expressly so empowered, convert, waive or withdraw a patent 
application, withdraw an application for regist ration of extension of the duration 
of a patent right, withdraw a request, applicatio n or motion, make or withdraw a 
priority claim under Article 41(1), file a patent application based on a registration 
of a utility model in accordance with Article 46 -2(1), file a request for laying open 
of an application, file a request for a appeal again st an examiner's decision of 
refusal, waive a patent right or appoint a subagent.  
 
Article 10  Deleted  
 
(No extinction of authority of representation)  
Article 11  The authority of representation of an authorized agent acting for a 
person undertaking procedures shall not be extinct upon the death of the principal, 
or in the case of a juridical person, merger of the principal, termination of trust 
duties of a trustee who is t he principal, the death of a legal representative, or 
change or extinction of t he statutory representative's authority of representation.  
 
(Independent representation by representatives)  
Article 12  Where there are two or more representatives acting for a person who 
undertakes procedures, each representative may represent the princip al before 
the Patent Office.  
 
(Replacement of representatives, etc.)  6 Article 13  (1) When the Commissioner of the Patent Office or the chief 
administrative judge  finds that a person undertaking procedures is not competent 
or suitable for undertaking such p rocedures, the official may order the person to 
undertake the procedures through a representative.  
(2) When the Commissioner of the Patent Office or the chief administrative judge  
finds that a representative acting for a person undertaking procedures is not 
competent or suitable for undertaking such procedures, the official may order that 
the representative be replaced.  
(3) In the case of the preceding two paragraphs, the Commissio ner of the Patent 
Office or the chief administrative judge  may order that a patent attorney be the 
representative.  
(4) The Commissioner of the Patent Office or the chief administrative judge  may, 
after the issuance of an order under paragraph (1) or (2), d ismiss the procedures 
before the Patent Office undertaken by the person undertaking procedures under 
paragraph (1) or the representative under paragraph (2).  
 
(Mutual representation of multiple parties in the case)  
Article 14  Where two or more persons are jointly undertaking a procedure, each of 
them shall represent the other or others with respect to procedures other than the 
conversion, waiver and withdrawal of a patent application, the withdrawal of an 
applicatio n for registration of extension of the duration of a patent right, the 
withdrawal of a request, application, or motion, the making and withdrawal of a 
priority claim under Article 41(1), the request for laying open of an application, 
and the request for a appeal against an examiner's decision of refusal; provided, 
however, that this shall not apply where the said persons have appointed a 
representative for both/all of them and have notified the Patent Office accordingly.  
 
(Jurisdiction over overseas residen ts) 
Article 15  Regarding a patent right or other right relating to the patent of an 
overseas resident, the location of the property under Article 5(iv) of the Code of 
Civil Procedure (Act No. 109 of 1996) shall be the domicile or residence of the 
overseas  resident's patent administrator, or if  there is no such patent 
administrator, the address of the Patent Office.  
 
(Ratification of acts of persons lacking legal capacity)  
Article 16  (1) Any procedures undertaken by a minor (excluding one who has a legal 7 capacity to juristic act independently) or an adult ward may be ratified by the 
person's statutory representative (or by the said adult ward, if the person later 
acquires a legal capacity to undertake the procedures).  
(2) Any procedures undertaken by a pers on with no authority of representation may 
be ratified by the principal holding legal capacity to undertake the procedures or 
the principal's statutory representative.  
(3) Any procedures undertaken by a person under curatorship without the consent 
of his c urator may be ratified if the person under curatorship obtains the approval 
of his curator.  
(4) Any procedures undertaken by a statutory representative without the consent of 
a supervisor of a guardian may be ratified by the statutory representative if the  
approval of the supervisor of the guardian is obtained, or by the principal if the 
principal acquires a legal capacity to undertake the procedures.  
 
(Amendment of proceedings)  
Article 17  (1) A person undertaking a procedure before the Patent Office may m ake 
amendments only while the case is pending; provided, however, that the person 
may not amend the description, scope of claims, drawing(s) or the abstract 
attached to the application, or a document prescribed in Article 41(4) or Article 
43(1) (including its mutatis mutandis application under Article 43 -3(3)), or the 
corrected description, scope of claims or drawings attached to the written request 
for correction or a correction trial under Article 120 -5(2) or Article 134 -2(1), unless 
an amendment may be m ade pursuant to the provisions the following Article to 
Article 17 -5 inclusive.  
(2) Notwithstanding the main clause of the preceding paragraph, an applicant of a 
foreign -language -written -application as provided in Article 36 -2(2) may not amend 
foreign -language -documents and as provided in Article 36 -2(1). 
(3) The Commissioner of the Patent Office may require an applicant to amend a 
procedure, designating an adequate time limit, in the following cases:  
(i) where the procedures do not comply with paragraphs ( 1) to (3) of Article 7 or 
Article 9;  
(ii) where the procedures do not comply with the formal requirements prescribed 
by this Act or an order thereunder; and  
(iii) where the fees relating to the procedures payable under paragraphs (1) to (3) 
of Article 195 are not paid.  
(4) For any amendment of procedures (except in the case of the payment of fees), 8 written amendment shall be submitted in writing, except for cases provided by 
Article 17 -2(2). 
 
(Amendment of Description, Claim or Drawing attached to the application)  
Article 17 -2  (1) An applicant for a patent may amend the description, scope of 
claims, or drawings attached to the application, before the service of the certified 
copy of the examiner's decision notifying that a patent is to be granted; prov ided, 
however, that following the receipt of a notice provided under Article 50, an 
amendment may only be made in the following cases:  
(i) where the applicant has received the first notice (hereinafter referred to in this 
Article as the "notice of reasons for refusal") under Article 50 (including the 
cases where it is applied mutatis mutandis pursuant to Article 159(2) (including 
the cases where it is applied mutatis mutandis pursuant to Article 174( 2))and 
Article 163(2), hereinafter the same shall apply in  this paragraph) and the said 
amendment is made within the designated time limit under Article 50;]  
(ii) where, following the receipt of the notice of reasons for refusal, the applicant 
has received a notice under Article 48 -7 and the said amendment is mad e within 
the designated time limit under the said Article;  
(iii) where, following the receipt of the notice of reasons for refusal, the applicant 
has received a further notice of reasons for refusal and the said amendment is 
made within the designated time  limit under Article 50 with regard to the final 
notice of reasons for refusal; and  
(iv) where the applicant files a request for a appeal  against an examiner's decision 
of refusal and the said amendment is made at the same time as the said request 
for the said appeal . 
(2) Where an applicant of a foreign -language -written -application as provided in 
Article 36 -2(2) amends the description, scope of claims or drawings under the 
preceding paragraph for the purpose of correcting an incorrect translation, the 
appli cant shall submit the statement of correction of the incorrect translation, 
stating the grounds thereof.  
(3) Except in the case where the said amendment is made through the submission of 
a statement of correction of an incorrect translation, any amendment of the 
description, scope of claims or drawings under paragraph (1) shall be made within 
the scope of the matters described in the description, scope of claims or drawings 
originally attached to the application (in the case of a foreign -language -written -
application under Article 36 -2(2), the translation of the foreign -language -9 documents as provided in Article 36 -2(2) that is deemed to be the description, scope 
of claims and drawings under Article 36 -2(8) (in the case where the amendment to 
the description, scope of claims or drawings has been made through the submission 
of the statement of correction of an incorrect translation, the said translation or 
the amended description, scope of claims or drawings), the same shall apply in 
Articles 34 -2(1) and 34 -3(1)) 
(4) In addition to the case provided in the preceding paragraph, where any 
amendment of the scope of claims is made in the cases listed in the items of 
paragraph (1), the invention for which determination on its patentability is stated 
in the notice of r easons for refusal received prior to making the amendment and 
the invention constituted by the matters described in the amended scope of claims 
shall be of a group of inventions recognized as fulfilling the requirements of unity 
of invention set forth in A rticle 37.  
(5) In addition to the requirements provided in the preceding two paragraphs, in the 
cases of items (i), (iii) and (iv) of paragraph (1) (in the case of item (i) of the said 
paragraph, limited to the case where the applicant has received a notic e under 
Article 50 -2 along with the notice of reasons for refusal), the amendment of the 
scope of claims shall be limited to those for the following purposes:  
(i) the deletion of a claim or claims as provided in Article 36(5);  
(ii) restriction of the scope  of claims (limited to the cases where the restriction is 
to restrict matters required to identify the invention stated in a claim or claims 
under Article 36(5), and the industrial applicability and the problem to be solved 
of the invention stated in the s aid claim or claims prior to the amendment are 
identical with those after the amendment.);  
(iii) the correction of errors; and  
(iv) the clarification of an ambiguous statement (limited to the matters stated in 
the reasons for refusal in the notice of reaso ns for refusal).  
(6) Article 126(7) shall apply mutatis mutandis to cases under item (ii) of the 
preceding paragraph.  
 
(Amendment of abstract)  
Article 17 -3  An applicant for a patent may amend the abstract attached to the 
application within a period provid ed in Ordinance of the Ministry of Economy, 
Trade and Industry . 
 
(Amendment of document of priority claim)  10 Article 17 -4  A person who claims priority pursuant to  the provisions under Article 
41(1) or Article 43(1), Article 43 -2(1) (including its mutatis mutandis application 
under Article 43 -3(3)), or Article 43 -3(1) or (2) may amend the document prescribed 
in Article 41(4) or Article 43(1) ( including its mutatis m utandis application under 
Article 43 -2(2) ( including its mutatis mutandis application under Article 43 -3(3)) 
and Article 43 -3(3)) within a period provided in Ordinance of the Ministry of 
Economy, Trade and Industry . 
 
(Amendment of corrected description, sc ope of claims or drawings)  
Article 17 -5  A patentee may amend corrected description, scope of claims or 
drawings attached to the written request for correction under Article 120 -5(2) 
within the designated time limit under Article 120 -5(1) or (6)   
Article 17-4  (2) The demandee of a n invalidation trial may amend the corrected 
description, scope of claims or drawings attached to the written request for 
correction under Article 134 -2(1) only within the time limit designated under 
Article 134(1) or 134(2), 134 -2(5), 134 -3, 153(2) or 164 -2(2). 
(3) The demandant of a correction trial may amend the corrected description, scope 
of claims or drawings attached to the written request for a correction trial, only 
prior to notice under Article 156(1) (in the case where the proceedings has been 
reopened under Article 156(3), prior to further notice under Article 156(1)).  
 
(Dismissal of procedures)  
Article 18  (1) The Commissioner of the Patent Office may dismiss the procedures 
where a person ordered to make an amendment t o the procedures under Article 
17(3) fails to make such amendment within the designated time limit under the 
said provision, or where a pers on obtaining the registration establishing a patent 
right fails to pay patent fees within the designated time limit under Article 108(1).  
(2) The Commissioner of The Patent Office may dismiss a patent application where 
the applicant ordered under Article 17(3) to pay patent fees provided for in Article 
195(3) fails to pay such patent fees within the designated time limi t under Article 
17(3).  
 
(Dismissal of unlawful procedure)  
Article 18 -2  (1) The Commissioner of the Patent Office shall dismiss a procedure 
where the procedure is unlawful and not amendable ; provided, however, that this 
shall not apply where the said procedure falls under any of the items of Article 38 -11 2(1). 
(2) Where the Commissioner of the Patent Office intends to dismiss a procedure 
under the preceding paragraph, he/she shall notify the person who undertook the 
procedure of the reasons therefor and give the said person an opportunity to 
submit a document stating an explanation (hereinafter referred to as a "statement 
of explanation"), designating an adequate time limit.  
 
(Effective time of submission of application)  
Article 19  An application, a document or any other item submitted by mail to the 
Patent Office under this Act, or any order rendered under this Act, that is subject 
to a time limit, shall be deemed to have arrived at the Office at the date and time 
when such application or item is pre sented to the post office if such date and time 
are proven by the receipt of the mail, at the date and time of the date stamp on the 
mail if such dat e and time are clearly legible, or at noon of the day of the date 
stamp on the mail if only the day, but no t the time, of the date stamp is clearly 
legible.  
 
(Succession of effects of procedures)  
Article 20  The effects of the procedures relating to a patent right or any right 
relating to a patent shall extend to a successor in title.  
 
(Continuation of procedur es) 
Article 21  Where a patent right or any right relating to a patent is transferred 
while a case is pending before the Patent Office, the Commissioner of the Patent 
Office or the chief administrative judge  may proceed with the procedures relating 
to the case to which the successor in title shall be the party.  
 
(Suspension or termination of procedures)  
Article 22  (1) Where a motion for the resumption of procedures suspended after a 
certified copy of a ruling, an examiner's decision or a trial decision has  been served 
is filed, the Commissioner of the Patent Office or the administrative judge  shall 
render a ruling on whether the resumption shall be accepted.  
(2) The ruling under the preceding paragraph shall be made in writing and state the 
grounds therefor . 
 
Article 23  (1) Where a procedure for an examination , proceedings and a ruling on 12 an opposition to a granted patent , or trial or retrial has been suspended  and the 
person responsible for resuming the procedure fails to do so, the Commissioner of 
the Pat ent Office or the administrative judge  shall, upon a motion or ex officio, 
order the said person to resume the procedure and designate an adequate time 
limit for this purpose.  
 (2) Where the resumption does not occur within the time limit designated under the 
preceding paragraph, the resumption may be deemed by the Commissioner of the 
Patent Office or the administrative judge  to have commenced on the date the time 
limit lapsed.  
(3) When the resumption is deemed to have commenced under the preceding 
paragraph, the Commissioner of the Patent Office or the chief administrative 
judge  shall notify the parties in the case thereof.  
 
Article 24  The Code of Civil Procedure, Articles 124 (excluding paragraph (1)(vi)), 
126 to 127, 128(1), 130, 131 and 132(2) (suspension or termination of court 
proceedings) shall apply mutatis mutandis to a procedure for an examination, 
proceedings and a ruling on an opposition to a granted patent , or a tria l or retrial. 
In this case, the term "counsel" in Article 124(2) of the said Code shall be deemed 
to be replaced with "agent entrusted with the examination,  or proceedings and a 
ruling on an opposition to a granted patent , or trial or retrial", the term "c ourt" in 
Article 127 of the said Code shall be deemed to be replaced with "commissioner of 
the patent office or the chief administrative judge ", the term "court" in Articles 
128(1) and 131 of the said Code shall be deemed to be replaced with "commissioner 
of the patent office or the administrative judge ", and the term "court" in Article 
130 of the said Code shall be deemed to be replaced with "patent office".  
 
(Enjoyment of rights by foreign nationals)  
Article 25  A foreign national not domiciled or residen t (or, in the case of a juridical 
person, with a business office) in Japan may not enjoy a patent right or other rights 
relating to a patent, except in the following cases:  
(i) where the country of the foreign national allows Japanese nationals to enjoy a 
patent right or other rights relating to a patent under the same conditions as for 
its own nationals;  
(ii) where the country of the foreign national allows Japanese nationals to enjoy a 
patent right or other rights relating to a patent under the same condi tions as for 
its own nationals in the case where Japan allows nationals of that country to 13 enjoy a patent right or others right relating to a patent; and  
(iii) where specifically provided by treaty.  
 
(Effect of treaties)  
Article 26  Where specific provisio ns relating to a patent are provided by treaty, 
such provisions shall prevail.  
 
(Registration in the patent registry)  
Article 27  (1) The following matters shall be registered in the patent registry 
maintained in the Patent Office:  
(i) the establishment, extension of the duration, transfer, modification due to trust, 
lapse, restoration or restriction on disposition, of a patent right;  
(ii) the establishment, maintenance, transfer, modification, lapse or restriction on 
disposal of an exclusive license;  
(iii) the establishment, transfer, modification, lapse or restriction on disposal of a 
right of pledge on a patent right or exclusive license; and  
(iv) the establishment, maintenance, transfer, modification, lapse or restriction on 
disposal of a provisional ex clusive license.  
(2) The patent registry may be prepared, in whole or in part, in the form of magnetic 
tapes (including other storage media using a similar method that is able to record 
and reliably store certain matters, the same shall apply hereinafter).  
(3) In addition to those prescribed in this Act, matters relating to registration shall 
be prescribed by Cabinet Order.  
 
(Issuance of certificate of patent)  
Article 28  (1) The Commissioner of the Patent Office shall issue the certificate of 
patent to the  patentee where the establishment of a patent right has been 
registered, where the transfer of a patent right has been registered based on a 
request under Article 74(1), or where a ruling or  a trial decision to the effect that 
the description, scope of claims or drawings attached to the application are to be 
corrected has become final and binding and the said trial decision has been 
registered.  
(2) Re -issuance of the certificate of patent sha ll be prescribed by Ordinance of the 
Ministry of Economy, Trade and Industry.  
 
Chapter II Patents and Patent Applications (Article 29 to Article 46 -2) 14  
(Conditions for Patentability)  
Article 29  (1) An inventor of an invention that is industrially applicable may be 
entitled to obtain a patent for the said invention, except for the following cases:  
(i) inventions that were publicly known in Japan or a foreign country prior to the 
filing of the patent application;  
(ii) inventions that were publicly wo rked in Japan or a foreign country prior to the 
filing of the patent application; or  
(iii) inventions that were described in a distributed publication, or inventions that 
were made publicly available through an electric telecommunication line in 
Japan or a  foreign country prior to the filing of the pate nt application.  
(2) Where, prior to the filing of the patent application, a person ordinarily skilled in 
the art of the invention would have been able to easily make the invention based 
on an invention prescr ibed in any of the items of the preceding paragraph, a patent 
shall not be granted for such an invention notwithstanding the preceding 
paragraph.  
 
Article 29 -2  Where an invention claimed in a patent application is identical with 
an invention or device (ex cluding an invention or device made by the inventor of 
the invention claimed in the said patent application) disclosed in the description, 
scope of claims for a patent or utility model registration or drawings (in the case 
of a foreign -language -written -application under Article 36 -2(2), foreign -language -
documents as provided in Article 36 -2(1)) originally attached to the application of 
another application for a patent or for a utility model registration which has been 
filed prior to the date of filing of th e said patent application and published after 
the filing of the said patent application in the patent gazette under Article 66(3) 
of the Patent Act (hereinafter referred to as "gazette containing the patent") or in 
the utility model bulletin under Article 14(3) of the utility Model Act (Act No. 123 
of 1959) (hereinafter referred to as "utility model bulletin") describing matters 
provided for in each of the paragraphs of the respective Article or in the laying 
open of the application, a patent application ha s been effected, a patent shall not 
be granted for the invention notwithstanding Article 29(1); provided, however, 
that this shall not apply where, at the time of the filing of the said patent 
application, the applicant of the said patent application and t he applicant of the 
other application for a patent or for registration of a utility model are the same 
person.  15  
(Exception to lack of novelty of invention)  
Article 30 In the case of an invention which has fallen under any of the items of 
Article 29 (1) aga inst the will of the person having the right to obtain a patent, 
such invention shall be deemed not to have fallen under any of the items of Article 
29 (1) for the purpose of Article 29 (1) and (2) for the invention claimed in a patent 
application which ha s been filed by the said person within one year from the date 
on which the invention first fell under any of said items.  
(2) In the case of an invention which has fallen under any of the items of Article 29(1) 
as a result of an act of the person having the  right to obtain a patent (excluding 
those which have fallen under any of the items of  Article 29(1)  by being contained 
in a gazette relating to an invention, utility model, design or trademark), the 
preceding paragraph shall also apply for the purposes of  Article 29(1) and (2) the 
invention claimed in the patent application which has been filed by the said person 
within one year from the date on which the invention first fell under any of those 
items.  
(3) Any person seeking the application of the preceding  paragraph shall submit to 
the Commissioner of the Patent Office, at the time of filing of the patent 
application, a document stating thereof and, within thirty days from the date of 
filing of the patent application, a document proving the fact that the in vention 
which has otherwise fallen under any of the items of Article 29(1) is an invention 
to which the preceding paragraph may be applicable  (referred to as a "certificate" 
in the following paragraph).  
(4) Notwithstanding the preceding paragraph, where, d ue to reasons beyond the 
control of a person who submits  a certificate under the said paragraph, the person 
is unable to submit  the certificate  within the time limit as provided in the said 
paragraph, the person  may submit  to the Commissioner of the Patent  Office the 
certificate  within 14 days (where overseas resident, within two months) from the 
date on which the reasons ceased to be applicable, but not later than six months 
following the expiration of the said time limit.  
 
Article 31  Deleted  
 
 (Unpatenta ble inventions)  
Article 32  Notwithstanding Article 29, any invention that is liable to injure public 
order, morality or public health shall not be patented.  16  
 (Right to obtain patent)  
Article 33  (1) The right to obtain a patent may be transferred.  
(2) Th e right to obtain a patent may not be the subject of a pledge.  
(3) Where the right to obtain a patent is jointly owned, no joint owner may assign 
his respective share without the consent of all the other joint owners.  
(4) Where the right to obtain a patent  is jointly owned, no joint owner may grant a 
provisional exclusive license or provisional non -exclusive license on the patent 
right to be obtained based on the right to obtain a patent to any third party without 
the consent of all the other joint owners.  
 
Article 34  (1) The succession of the right to obtain a patent prior to the filing of the 
patent application shall have no effect on any third party unless the successor in 
title files the patent application.  
(2) Where two or more patent applications are filed on the same date based on the 
right to obtain the same patent based on succession from the same person, any 
succession(s) by a person(s) other than those selected by consultations between the 
applicants shall have no effect on any third party.  
(3) Th e preceding paragraph shall apply where applications for a patent and a utility 
model registration are filed on the same date based on the right to obtain a patent 
and the right to obtain a utility model registration for the same invention and 
device based  on succession from the same person.  
(4) Any succession to the right to obtain a patent after the filing of the patent 
application shall have no effect, except in the case of general successions including 
inheritance, without notification to the Commission er of the Patent Office.  
(5) Where a general succession to the right to obtain a patent including inheritance 
thereof occurs, the successor in title shall notify the Commissioner of the Patent 
Office thereof without delay.  
(6) Where two or more notificatio ns are submitted on the same date regarding 
successions to the right to obtain the same patent based on succession from the 
same person, any notification(s) by a person(s) other than the person selected by 
consultations between the persons submitting the n otifications shall have no effect.  
(7) Articles 39(6) and 39(7) shall apply mutatis mutandis to the cases prescribed in 
paragraphs (2), (3) and (6).  
 
(Provisional exclusive license)  17 Article 34 -2  (1) A person who has the right to obtain a patent may grant a 
provisional exclusive license with regard to the patent right to be obtained based 
on the right to obtain a patent within the scope of the matters described in the 
description, scope of claims or drawings originally attached to the application.  
(2) Where  the establishment of a patent right has been registered with regard to a 
patent application pertaining to a provisional exclusive license, the exclusive 
license shall  be deemed to have been granted  on patent right to the extent 
permitted by the contract g ranting the said provisional exclusive license.  
(3) A provisional exclusive license may be transferred only where the business 
involving the working of the invention pertaining to the patent application is also 
transferred, where the consent of a person wh o has the right to obtain a patent is 
obtained or where the transfer occurs as a result of general succession including 
inheritance.  
(4) A provisional exclusive licensee may grant a provisional non -exclusive license on 
his exclusive license to be obtained based on said provisional exclusive license to a 
third party only where the consent of a person who has the right to obtain a patent 
is obtained.  
(5) Where a patent application pertaining to a provisional exclusive license is divided 
pursuant to Article 44 (1), the provisional exclusive license shall be deemed to have 
been granted with regard to the patent right to be obtained based on the right to 
obtain a patent pertaining to a new patent application pertaining to the division 
of the said patent applicatio n to the extent permitted by the contract granting the 
said provisional exclusive license; provided, however, that this shall not apply 
where it is otherwise provided in the contract.  
(6) A provisional exclusive license shall be extinguished where the esta blishment of 
a patent right has been registered, where the patent application has been 
abandoned, withdrawn or declined, or where an examiner's decision or trial 
decision has become final and conclusive to the effect that the patent application 
is to be re fused.  
(7) Where there is a provisional non -exclusive licensee as provided in the main clause 
of paragraph (4) or paragraph (7) of the following Article, a provisional exclusive 
licensee may waive the provisional exclusive license; only where the consent of the 
said provisional non -exclusive licensee is obtained.  
(8) Article 33(2) to Article 33 (4) shall apply mutatis mutandis to a provisional 
exclusive license.  
 18 (Provisional non -exclusive license)  
Article 34 -3 (1) A person who has the right to obtain a pa tent may grant a provisional 
non-exclusive license on the patent right to be obtained based on the right to obtain 
a patent to a third party within the scope of the matters described in the 
description, scope of claims or drawings originally attached to th e application of 
the said patent application.  
(2) Where the establishment of a patent right has been registered with regard to a 
patent application pertaining to a provisional non -exclusive license pursuant to 
the preceding paragraph, a non -exclusive licen se shall be deemed to have been 
granted on the patent right to a person who has the said provisional non -exclusive 
license to the extent permitted by the contract granting the said provisional non -
exclusive license.  
(3) Where an exclusive license is deemed  to have been granted with regard to a 
provisional exclusive license pertaining to the provisional non -exclusive license 
under 34 -2 (4) pursuant to 34 -2 (2), the non -exclusive license shall be deemed to 
have been granted to a person who has the said provis ional non -exclusive license 
on the said exclusive license to the extent permitted by the contract granting the 
said provisional non -exclusive license.  
(4) A provisional non -exclusive license may be transferred only where the business 
involving the working of invention pertaining to the patent application is also 
transferred, where the consent of a person who has the right to obtain a patent (or, 
in the case of  provisional non -exclusive license on the exclusive license to be 
obtained based on the provisiona l exclusive license, a person who has the right to 
obtain a patent and a provisional exclusive licensee ) is obtained, or where the 
transfer occurs as a result of general succession including inheritance.  
(5) Where a priority claim under Article 41(1) is m ade based on the invention 
described in the description, scope of claims or drawings (in the case of the earlier 
application being the foreign -language -written -application under Article 36 -2(2), 
foreign -language -documents as provided in Article 36 -2(1)) or iginally attached to 
the application of the earlier application under Article 41(1) pertaining to a 
provisional non -exclusive license under paragraph (1) or Article 34 -2(4), or Article 
4-2(1) of the Utility Model Act, the provisional non -exclusive license shall be 
deemed to have been granted to a person who has the said provisional non -
exclusive license on the patent right to be obtained based on the right to obtain a 
patent pertaining to the patent application containing the said priority claim to 
the exte nt permitted by the contract granting the said provisional non -exclusive 19 license; provided, however, that this shall not apply where it is otherwise provided 
in the contract.  
(6) Where a patent application pertaining to a provisional non -exclusive license is 
divided pursuant to Article 44(1), the provisional non -exclusive license shall be 
deemed to have been granted to a person who has the said provisional non -
exclusive license on the patent right to be obtained based on the right to obtain a 
patent pertain ing to a new patent application pertaining to the division of the said 
patent application to the extent permitted by the contract granting the said 
provisional non -exclusive license; provided, however, that this shall not apply 
where it is otherwise provid ed in the contract.  
(7) Where a provisional exclusive license on a patent right to be obtained based on 
the right to obtain a patent pertaining to a new patent application under 34 -2(5) 
(hereinafter in this paragraph referred to as a "provisional exclusive  license 
pertaining to the new patent application") is deemed to have been granted 
pursuant to the main clause of Article 34 -2(5), the provisional non -exclusive 
license shall be deemed to have been granted to a person who has the provisional 
non-exclusive license with regard to an exclusive license to be obtained based on 
the provisional exclusive license on the patent right to be obtained based on the 
right to obtain a patent pertaining to the original patent application pertaining to 
the said new patent a pplication ,on the exclusive license to be obtained based on 
the said provisional exclusive license pertaining to the new patent application to 
the extent permitted by the contract granting the said provisional non -exclusive 
license; provided, however, tha t this shall not apply where it is otherwise provided 
in the contract.  
(8) Where an application is converted pursuant to Article 46(1) with regard to an 
application for utility model registration pertaining to a provisional non -exclusive 
license under Arti cle 4-2(1) of the Utility Model Act, the provisional non -exclusive 
license shall be deemed to have been granted to a person who has the said 
provisional non -exclusive license on a patent right to be obtained based on the 
right to obtain a patent pertaining  to the patent application pertaining to the 
conversion of the said application to the extent permitted by the contract granting 
the said provisional non -exclusive license; provided, however, that this shall not 
apply where it is otherwise provided in the contract.  
(9) Where an application is converted pursuant to Article 46(2) with regard to an 
application for design registration pertaining to a provisional non -exclusive license 
under Article 5 -2(1) of the Design Act (Act No.125 of 1959), the provisional n on-20 exclusive license shall be deemed to have been granted to a person who has the 
said provisional non -exclusive license with regard to a patent right to be obtained 
based on the right to obtain a patent pertaining to the patent application 
pertaining to t he conversion of the said application to the extent permitted by the 
contract granting the said provisional non -exclusive license; provided, however, 
that this shall not apply where it is otherwise provided in the contract.  
(10) A provisional non -exclusive  license shall be extinguished where the 
establishment of a patent right has been registered, where the patent application 
has been abandoned, withdrawn or declined, or where an examiner's decision or 
trial decision has become final and conclusive to the e ffect that the patent 
application is to be refused.  
(11) In addition to the case provided for in the preceding paragraph, the provisional 
non-exclusive license under Article 34 -2(4) or the main clause of paragraph (7) 
shall be extinguished in the case wher e the said provisional exclusive license is 
extinguished.  
(12) Article 33(2) and Article 33(3) shall apply mutatis mutandis to a provisional 
non-exclusive license.  
 
(Effect of the registration)  
Article 34 -4 (1) The grant, transfer (except for a transfer ar ising from general 
succession including inheritance), amendment, lapse (except for a lapse arising 
from a merger or under Article 34 -2(6)) or restriction on disposition of a provisional 
exclusive license shall have no effect unless it is registered.  
(2) Ma tters of general succession including inheritance under the preceding 
paragraph shall be notified to the Commissioner of the Patent Office without delay.  
 
(Perfection of provisional non -exclusive license)  
Article 34 -5 A provisional non -exclusive license sh all have effect on any person who, 
after the grant thereof, has obtained the right to obtain a patent pertaining to the 
said provisional non -exclusive license or a provisional exclusive license, or a 
provisional exclusive license on the right to obtain a p atent pertaining to the 
provisional non -exclusive license.  
 
(Inventions by Employees)  
Article 35  (1) An employer, a juridical person or a national or local government 
(hereinafter referred to as "employer, etc."), where an employee, an officer of the 21 juridical person, or a national or local government employee (hereinafter referred 
to as "employee, etc.") has obtained a patent for an invention which, by the nature 
of the said invention, falls within the scope of the business of the said employer, 
etc. and was achieved by an act(s) categorized as a present or past duty of the said 
employee, etc. performed for the employer, etc. (hereinafter referred to as 
"employee invention") or where a successor to the right to obtain a patent for the 
employee inventio n has obtained a patent therefor, shall have a non -exclusive 
license on the said patent right.  
(2) In the case of an invention by an employee, etc., any provision in any agreement, 
employment regulation or any other stipulation providing in advance that th e 
right to obtain a patent shall be acquired by an employer, etc., that the patent 
rights for any invention made by an employee,  etc. shall vest in the employer, etc., 
or that a provisional exclusive license or exclusive license for the said invention 
shall be granted to the employer, etc., shall be null and void unless the said 
invention is an employee invention.  
(3) In the case of a n invention by an employee, etc.,  where it is prescribed  in any 
agreement, employment regulation or any other stipulation  providing in advance 
that the right to obtain a patent  for any employee invention made by an employee, 
etc. shall vest in the employer, etc. , the said  right to obtain a patent  shall belong 
to the said employe r, etc.  from its occurrence.  
(4) Where the empl oyee, etc., in accordance with any agreement, employment 
regulation or any other stipulation, vests the right to obtain a patent and the 
patent right for an employee invention in the employer, etc., or grants an exclusive 
license therefor to the employer, etc., or where an exclusive license is deemed to 
have been granted pursuant to Article 34 -2(2) in the case where the employee, etc., 
in accordance with any agreement, employment regulation or any other 
stipulation, grants a provisional exclusive license th erefor to the employer,  etc., 
for an employee invention, the said employee, etc. shall have the right to receive 
reasonable money or any other economic benefits (referred to as "reasonable 
benef its" in the next paragraph and paragraph (7) ). 
(5) Where an agr eement, employment regulation or any other stipulation provides 
for the reasonable benefits , providing reasonable benefits  in accordance with the 
said provision(s) shall not be considered unreasonable in light of circumstances 
where a negotiation between the employer, etc. and the employee, etc. had taken 
place in order to set standards for the determination of the said reaso nable benefits , 
the set standards had been disclosed, the opinions of the employee, etc. on the 22 determination of the content of the said reasonable benefits  had been received and 
any other relevant circumstances.  
(6) In order to encourage inventions, the M inister of Economy, Trade and Industry 
shall establish guidelines on matters concerning circumstances, etc. to be 
considered under the preceding paragraph and publish them after  hearing the 
opinion of Industrial Structure Council.  
(7) Where no provision se tting forth the reasonable benefits  exists, or where it is 
recognized under paragraph (5)  that the reasonable benefits  to be granted  in 
accordance with the relevant provision(s) is unreasonable, the content of the 
reasonable benefits  to receive  under parag raph ( 4) shall be determined by taking 
into consideration the amount of profit to be received by the employer, etc. from 
the invention, the employer, etc.'s burden, contribution, and treatment of the 
employee, etc. and any other circumstances relating to t he invention.  
 
(Patent applications)  
Article 36  (1) A person requesting the grant of a patent shall submit an application 
to the Commissioner of the Patent Office stating the following:  
(i) the name and domicile or residence of the applicant(s) for the pa tent; and  
(ii) the name and domicile or residence of the inventor(s).  
(2) The description, scope of claims, drawings (where required), and abstract shall 
be attached to the application.  
(3) The description as provided in the preceding paragraph shall state  the following:  
(i) the title of the invention;  
(ii) a brief explanation of the drawing(s); and  
(iii) a detailed explanation of the invention.  
(4) The statement of the detailed explanation of the invention as provided in item 
(iii) of the preceding Paragra ph shall comply with each of the following items:  
(i) in accordance with Ordinance of the Ministry of Economy, Trade and Industry, 
the statement shall be clear and sufficient as to enable any person ordinarily 
skilled in the art to which the invention pert ains to work the invention; and  
(ii) where the person requesting the grant of a patent has knowledge of any 
invention(s) (inventions as provided in Article 29(1)(iii), hereinafter the same 
shall apply in this item) related to the said invention, that has b een known to 
the public through publication at the time of filing of the patent application, the 
statement shall provide the source of the information concerning the 
invention(s) known to the public through publication such as the name of the 23 publication a nd others.  
(5) The scope of claims as provided in paragraph (2) shall state a claim or claims and 
state for each claim all matters used necessary to specify the invention for which 
the applicant requests the grant of a patent. In such case, an invention sp ecified 
by a statement in one claim may be the same invention specified by a statement 
in another claim.  
(6) The statement of the scope of claims as provided in paragraph (2) shall comply 
with each of the following items:  
(i) the invention for which a pate nt is sought is stated in the detailed explanation 
of the invention;  
(ii) the invention for which a patent is sought is clear;  
(iii) the statement for each claim is concise; and  
(iv) the statement is composed in accordance with Ordinance of the Ministry of  
Economy, Trade and Industry.  
(7) The abstract as provided in paragraph (2) shall state a summary of the invention 
disclosed in the description, scope of claims or drawings, and any other matters as 
provided by Ordinance of the Ministry of Economy, Trade a nd Industry.  
 
Article 36 -2  (1) A person requesting the grant of a patent may, in lieu of the 
description, scope of claims, drawings (where required) and abstract as provided 
in paragraph (2) of the preceding Article, attach to the application a document in 
foreign lang uage as provided by Ordinance of the Ministry of Economy, Trade and 
Industry, stating matters required to be stated in the description or the scope of 
claims under paragraphs (3) to (6) of the said Article, and drawing(s) (where 
required) which contain any  descriptive text in the said foreign 
language(hereinafter referred to as "foreign -language -documents"), and a 
document in the said foreign language stating matters required to be stated in the 
abstract under paragraph (7) of the said Article (hereinafter referred to as "foreign -
language -abstract").  
(2) The applicant for a patent application in which foreign -language -documents and 
foreign -language -abstract are attached to the application under the preceding 
paragraph (hereinafter referred to as "foreign -language -written -application") 
shall submit to the Commissioner of the Patent Office Japanese translations of the 
foreign -language -documents and the foreign -language -abstract within one year 
and four months from the date of filing of the patent application  (or in the case of 
a patent application containing a priority claim under Article 41(1), the filing date 24 of the earlier application provided for in the said paragraph, in the case of a patent 
application containing a priority claim under Article 43(1) , 43-2(1) (including its 
mutatis mutandis application under Article 43 -3(3)) , or 43-3(1) or 43 -3(2), the 
filing date of the earliest application, a patent application that is deemed to be the 
earliest application under Article 4.C(4) of the Paris Convention (r efers to 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 
Hague on November 6, 1925, at London on June 2, 1934, at Lisbon on October 31, 
1958, a nd at Stockholm on July 14, 1967, the same shall apply hereinafter) or a 
patent application that is recognized as the earliest application under Article 
4.A(2) of the Paris Convention, and in the case of a patent application containing 
two or more priority  claims under Article 41(1), 43-2(1) (including its mutatis 
mutandis application under Article 43 -3(3)), or 43-3(1) or 43 -3(2), the earliest day 
of the filing dates on which the said priority claims are based, the same shall apply 
to Article 64(1)) ; provided, however, that where the foreign -language -written -
application is a new patent application arising from the division of a patent 
application under Article 44(1), or a patent application arising from the conversion 
of an application under Article 46 (1) or (2), or a patent application based on a 
utility model registration under Article 46 -2(1), the applicant may submit 
Japanese translations of the foreign -language -documents and the foreign -
language -abstract even after the lapse of the time limit presc ribed in the main 
clause, but not later than two months following the division of a patent application, 
conversion of application or filing of patent application based on a utility model 
registration.  
(3) Where the translation of foreign -language -documents  and the foreign -language 
abstract as provided in the preceding paragraph have not been  submitted within 
the time limit prescribed  in the main clause of the said paragraph  (the time limit 
prescribed in the proviso to  the said paragraph  where the translatio n of foreign -
language -documents and the foreign -language abstract may be submitted under 
the proviso to  the said paragraph ; hereinafter the same shall apply in this Article) , 
the Commissioner of the Patent Office shall notify  the applicant of the foreign -
language -written -application  thereof.  
(4) A person who has received the notice as provided in the preceding paragraph may 
submit the translation of foreign -language -documents and the foreign -language 
abstract as provided in paragraph (2) to the Commissioner  of the Patent Office 
only within the time limit as provided in Ordinance of the Ministry of Economy, 25 Trade and Industry.  
(5) Where the translation of foreign -language -documents (excluding drawings) as 
provided in paragraph (2) has not been  submitted within the time limit as provided 
in paragraph (4), the patent application shall be deemed to have been withdrawn  
upon expiration of the time limit prescribed  in the main clause of the said 
paragraph.  
(6) An applicant of a patent application tha t was deemed to have been withdrawn 
pursuant to the provision of the preceding paragraph, where there are justifiable 
reasons for having not been able to submit the said translation within the time 
limit under paragraph( 4), may submit to the Commissioner o f the Patent Office 
translations of the foreign -language -documents and the foreign -language -abstract  
under paragraph (2), only within the time limit as provided in Ordinance of the 
Ministry of Economy, Trade and Industry.  
(7) The translation submitted unde r paragraph (4) or  the preceding paragraph shall 
be deemed to have been submitted to the Commissioner of the Patent Office at the 
time of expiration of the time limit under the main clause of paragraph (2).  
(8) The translation of foreign -language -documents  as provided in paragraph (2) shall 
be deemed to be the description, scope of claims and drawings submitted with the 
application under paragraph (2) of the preceding Article and the translation of 
foreign -language -abstract  as provided in paragraph (2) shal l be deemed to be the 
abstract submitted with the application under paragraph (2) of the preceding 
Article.  
 
Article 37  Two or more inventions may be the subject of a single patent application 
in the s ame application provided that, these inventions are of  a group of inventions 
recognized as fulfilling the requirements of unity of invention based on their 
technical relationship designated in Ordinance of the Ministry of Economy, Trade 
and Industry,.  
 
(Joint applications)  
Article 38  Where the right to obtai n a patent is jointly owned, a patent application 
may only be filed by all the joint owners.  
 
(Certification of filing date ) 
Article 38 -2  (1) The Commissioner of the Patent Office shall certify  the date on 
which the application with regard to a patent application is submitted as the date 26 of the filing of a patent application, except in cases where the patent application 
falls under any of the following items : 
(i) where it is recognized that indication of requesting  the grant of a patent is not 
clear;  
(ii) where the statement of the name of the applicant(s) does not exist or it is 
recognized that the said statement is not so clear to specify the applicant(s); and  
(iii) where description (in foreign -language -written -application, the matters to be 
stated in the description are stated in foreign -language as provided by Ordinance 
of the Ministry of Economy, Trade and Industry under Article 36 -2(1); 
hereinafter, the same shall apply in this Article) is not attached to the said 
application (except in the case where a patent application is filed by a method 
prescribed in the paragraph (1) of the immediately following Article).  
(2) Where the patent application falls under any  of the items of the preceding 
paragraph, the Commissioner of the Patent Office shall notify a person requesting  
the grant of a patent to the effect that the patent application may be complemented . 
(3) A person who has received a notice provided under the preceding paragraph may 
make supplement  only within the time limit as provided by Ordinance of the 
Ministry of Economy, Trade and Industry.  
(4) For making any supplement  under the preceding paragraph, a document with 
respect to supplement  (hereinafter referred to as "written supplement ") shall be 
submitted in accordance with Ordinance of the Ministry of Economy, Trade and 
Industry; provided however, where making the supplement for the description 
under the preceding paragraph, the said des cription shall be submitted at the 
same time as the submission of the written supplement . 
(5) In a case of making supplement  under paragraph (3), drawing(s) (where required) 
of Article 36 (2) may be submitted at the same time as the submission of the 
writt en supplement  (in the case where a foreign -language -written -application, 
drawing(s) (where required) which contain any descriptive text in foreign language 
as provided by  Ordinance of the Ministry of Economy, Trade and Industry under 
Article 36 -2(1); herei nafter the same shall apply in this Article).  
(6) Where a supplement  under paragraph (3) has been made by a person who has 
received a notice provided under paragraph  (2), the patent application shall be 
deemed to be filed at the time of submission of the w ritten supplement . In this 
case, the Commissioner of the Patent Office shall determine the date on which the 
written supplement  is submitted as the date of filing of the patent application.  
(7) The description submitted under the proviso to paragraph (4) s hall be deemed to 27 be submitted with the application, and the drawing(s) submitted under paragraph 
(5) shall be deemed to be submitted with the application.  
(8) Where a supplement  has not been made by a person who has received a notice as 
provided in paragr aph (2) within the time limit under paragraph (3), the 
Commissioner of the Patent Office may dismiss the said patent application.  
(9) Where, prior to receiving a notice provided under paragraph  (2), a person 
requesting the grant of a patent has undertaken the procedures to be undertaken 
by the person upon reception of the notice, the said procedures shall be deemed to 
be undertaken by the person by receiving the notice, u nless otherwise provided for 
by Ordinance of the Ministry of Economy, Trade and Industr y. 
 
(Patent application by a method for claiming to refer an earlier patent application)  
Article 38 -3  (1) Except for a case of filing a foreign -language -written -application, a 
person requesting the grant of a patent, notwithstanding Article 36(2), may file a 
patent application by a method for claiming to refer a patent application made by 
the person (including one made in a foreign country, hereinafter referred to as 
"earlier patent application" in this Article); provided, however, that this shall not 
apply where the patent application falls under item (i) or (ii) of Article 38 -2(1). 
(2) A person filing a patent application by a method under the preceding paragraph 
shall submit to the Commissioner of the Patent Office a document stating thereof 
and matte rs as provided by  Ordinance of the Ministry of Economy, Trade and 
Industry, at the time of filing the said patent application.  
(3) A person who has filed a patent application by the method under paragraph (1) 
shall submit the description and drawing(s) (i f necessary) to be submitted with the 
application of the said patent application, and the document as provided by 
Ordinance of the Ministry of Economy, Trade and Industry with regard to  the 
earlier patent application referred in the m ethod under the said p aragraph within 
the time limit as provided in Ordinance of the Ministry of Economy, Trade and 
Industry.  
(4) Where the matters stated in the description and drawing(s) submitted under the 
preceding  paragraph do not remain the matters stated in the descripti on, claims 
or drawing(s) attached to the application of the earlier patent application referred 
in the method under paragraph(1) (in the case where the said earlier patent 
application is a foreign -language -written -application, foreign -language -
documents; i n the case where the said earlier patent application is filed in a foreign 
country, documents which are submitted at the time of filing the application and 28 correspond to the description, claims or drawing(s)), the said patent application, 
notwithstanding A rticle 38 -2(1), shall be deemed to have been filed at the time of 
submission of the description and drawing(s) under the preceding paragraph.  
(5) The description and drawing(s) submitted under paragraph (3) shall be deemed 
to be submitted with the applicat ion. 
(6) Any of the preceding paragraphs shall not apply to a new patent application 
arising from the division of a patent application under Article 44(1), a patent 
application arising from the conversion of an application under Article 46(1) or (2), 
and a  patent application based on a utility model registration under Article 46 -
2(1).  
 
(Notice, etc. for lack of the statement of a part of the description or drawing(s))  
Article 38 -4  (1) In determining the date of filing of a patent application, the 
Commissi oner of the Patent Office, upon finding out lack of statement of a part of 
the description or drawing(s) (in the case of a foreign -language -written -application,  
a document in foreign language as provided by Ordinance of the Ministry of 
Economy, Trade and I ndustry, stating matters required to be stated in the 
description under Article 36 -2(1) and drawing(s) (where required) which contain 
any descriptive text in the said foreign language, hereinafter the same shall apply 
in this article) attached to the appli cation, shall notice the applicant thereof.  
(2) A person who has received a notice provided under the preceding paragraph may 
make supplement  of the description or drawing(s) only within the time limit as 
provided in Ordinance of the Ministry of Economy, Trade and Industry.  
(3) For any supplement  under the preceding paragraph, a document with regard to 
the supplement  of the description or drawi ng(s) (hereinafter referred to as "written 
supplement  of the description, etc.") shall be submitted  in accordance with 
Ordinance of the Ministry of Economy, Trade and Industry . 
(4) Where a person who has received a notice provided under paragraph (1) makes 
the supplement  of a patent application within the time limit as provided in 
paragraph (2), notwithstanding Article 38 -2(1) or (6), the said patent application 
shall be deemed to have been filed at the time of submitting the written 
supplement  of the description, etc.; provided however, that this shall not apply 
where the supplement  have been made with regard to a patent application 
containing a priority claim under Article 41(1), 43(1), 43 -2(1) (including its mutatis 
mutandis application under Article  43-3(3)), 43 -3(1), or 43 -3(2), and where the 
contents stated in the written supplement  of the description, etc. submitted under 29 the preceding paragraph are within the scope as provided by Ordinance of the 
Ministry of Economy, Trade and Industry.  
(5) Where  a patent application supplemented  under paragraph  (2) falls under Article 
38-2(1)(i) or (ii), and where the written supplement  of the said supplement  have 
been submitted after the submission of the written supplement  of the description, 
etc. under paragra ph (3), notwithstanding the preceding paragraph, the said 
patent application shall be deemed to have been filed at the time of submitting the 
said written supplement . 
(6) The description or drawing(s) supplemented  under paragraph (2) shall be deemed 
to hav e been submitted with the application.  
(7) A person who has made supplement  under paragraph (2) may withdraw the 
written supplement  of the description, etc. submitted under paragraph (3) only 
within the time limit as provided in Ordinance of the Ministry o f Economy, Trade 
and Industry.  
(8) Where the written supplement  of the description, etc. has been withdrawn under 
the preceding paragraph, the said supplement  shall be deemed to have not been 
made.  
(9) Article 38 -2(9) shall apply mutatis mutandis to the pr ocedures made before 
receiving the notice under paragraph (1).  
(10) Any of the preceding paragraphs shall not apply to a new patent application 
arising from the division of a patent application under Article 44(1), a patent 
application arising from the con version of an application under Article 46(1) or (2), 
and a patent application based on a utility model registration under Article 46 -
2(1). 
 
(Waiver or withdrawal of patent applicat ion) 
Article 38 -5  Where there is a person who has a provisional exclusive license on the 
patent application, an applicant of the patent may waive or withdraw the said 
patent application, only where the consent o f the person is obtained.  
 
(Prior application)  
Article 39  (1) Where two or more patent applications claiming identical  inventions 
have been filed on different dates, only the applicant who filed the patent 
application on the earliest date shall be entitled to obtain a patent for the invention 
claimed.  
(2) Where two or more patent applications claiming identical inventions  have been 30 filed on the same date, only one applicant, who was selected by consultations 
between the applicants who filed the said applications, shall be entitled to obtain 
a patent for the invention claimed. Where no agreement is reached by 
consultations or consultations are unable to be held, none of the applicants shall 
be entitled to obtain a patent for the invention claimed.  
(3) Where an invention and a device claimed in applications for a patent and a utility 
model registration are identical and the a pplications for a patent and a utility 
model registration are filed on different dates, the applicant for a patent may 
obtain a patent for the invention claimed therein, only if the application for a 
patent is filed prior to the application for a utility m odel registration.  
(4) Where an invention and a device claimed in applications for a patent and a utility 
model registration are identical (excluding the case where an invention claimed in 
a patent application based on a utility model registration under Ar ticle 46 -2(1) 
(including a patent application that is deemed to have been filed at the time of 
filing of the said patent application under Article 44(2) (including its mutatis 
mutandis application under Article 46( 6)) and a device relating to the said util ity 
model registration are identical) and the applications for a patent and a utility 
model registration are filed on the same date, only one of the applicants, selected 
by consultations between the applicants, shall be entitled to obtain a patent or a 
utility model registration. Where no agreement is reached by consultations or no 
consultations are able to be held, the applicant for a patent shall not be entitled to 
obtain a patent for the invention claimed therein.  
(5) Where an application for a patent or  a utility model registration has been waived, 
withdrawn or dismissed, or where the examiner's decision or trial decision to the 
effect that a patent application is to be refused has become final and binding, the 
application for a patent or a utility model  registration shall, for the purpose of 
paragraphs (1) to (4), be deemed never to have been filed; provided, however, that 
this shall not apply to the case where the examiner's deci sion or trial decision to 
the effect that the patent application is to be r efused has become final and binding 
on the basis that the latter sentence of paragraph (2) or (4) is applicable to the said 
patent application.  
(6) The Commissioner of the Patent Office shall, in the case of paragraph (2) or (4), 
order the applicant to hold consultations as specified under paragraph (2) or (4) 
and to report the result thereof, designating an adequate time limit.  
(7) Where no report under the preceding paragraph is submitted within the time 
limited designated under the said paragraph, the  Commissioner of the Patent 31 Office may deem that no agreement under paragraph (2) or (4) has been reached.  
 
Article 40  Deleted  
 
(Priority claim based on patent application, etc.)  
Article 41  (1) A person requesting the grant of a patent may make a priorit y claim 
for an invention claimed in the patent application, based on an invention disclosed 
in the description or scope of claims for a patent or utility model registration, or 
drawings (in the case where the earlier application was a foreign -language -
written-application, foreign -language -documents) originally attached to the 
application of an earlier application filed for a patent or utility model registration 
which the said person has the right to obtain (hereinafter referred to as "earlier 
application"),  except in the following cases: provided, however, where there is a 
person who has a provisional exclusive license on the earlier application, priority 
claim may be made only where the consent of the person is obtained at the time of 
filing of the patent:  
(i) where the said patent application is not filed within one year from the date of 
the filing of the earlier application  (excluding the case where there is a 
reasonable ground for failing to file the patent application within one years from 
the filing dat e of the earlier application  and the patent application is filed within 
the time l imit provided in Ordinance of the Ministry of Economy, Trade and 
Industry ); 
(ii) where the earlier application is a new divisional patent application extracted 
from a patent application under Article 44(1), a patent application converted 
from a patent application under Article 46(1) or 46(2) or a patent application 
based on a utility model registration under Article 46 -2(1), or a new divisional 
utility model registration appli cation extracted from a utility model registration 
application under Article 44(1) of the Patent Act as applied mutatis mutandis 
under Article 11(1) of the Utility Model Act or a utility model registration 
application converted from a utility model registr ation application under Article 
10(1) or 10(2) of the Utility Model Act;  
(iii) where at the time of the filing of the said patent application, the earlier 
application had been waived, withdrawn or dismissed;  
(iv) where, at the time of the filing of the sai d patent application, the examiner's 
decision or the trial decision on the earlier application had become final and 
binding; and  32 (v) where, at the time of the filing of the said patent application, the registration 
establishing a utility model right under Article 14(2) of the Utility Model Act 
with respect to the earlier application had been effected.  
(2) For inventions among those claimed in a patent application containing a priority 
claim under paragraph (1), for those that are stated in the description, scope of 
claims for a patent or utility model registration or drawings (in the case where the 
earlier application was a foreign -language -written -application, foreign -language -
documents) originally attached to the application of the earlier application on 
which the priority claim is based (in the case where the earlier application contains 
a priority claim under that paragraph or Article 8(1) of the Utility Model Act, or 
Article 43(1) , Article 43 -2(1) (including its mutatis mutandis application under 
Article  43-3(3)), or Article 43 -3(1) or (2) of the Patent Act (including their mutatis 
mutandis application  under Article 11(1) of the Utility Model Act), excluding any 
inventions disclosed in any documents (limited to those equivalent to the 
description, scope o f claims for a patent or utility model registration or drawings) 
submitted at the time of the filing of the application on which the priority claim in 
the earlier application is based), the said patent application shall be deemed to 
have been filed at the time when the earlier application was filed, in the case of 
the application of Article 29, the main clause of Article 29 -2, Articles 30(1), (2), 
39(1) to (4), 69(2)(ii), 72, 79, 81, 82(1), 104 (including its mutatis mutandis 
application under Article 65(5)  (including its mutatis mutandis application under 
Article 184 -10(2))) and 126(7) (including its mutatis mutandis application under 
Articles 17 -2(6), 120 -5(9) and 134 -2(9)) of the Patent Act, Articles 7(3) and 17 of 
the Utility Model Act, Articles 26, 31(2 ) and 32(2) of the Design Act, and Article 
29, 33 -2(1) and 33 -3(1) (including  their  mutatis mutandis application under Article 
68(3) of the Trademark Act) of the Trademark Act (Act No. 127 of 1959 ).  
(3) Among inventions disclosed in the description, scope  of claims or drawings (in the 
case of a foreign -language -written -application, foreign -language -documents) 
originally attached to the application in a patent application containing a priority 
claim under paragraph (1), for those that are stated in the desc ription, scope of 
claims for a patent or utility model registration or drawings (in the case where the 
earlier application was a foreign -language -written -application, foreign -language -
documents) originally attached to the application of the earlier applica tion on 
which the priority claim is based (in the case where the earlier application contains 
a priority claim under the said paragraph or Article 8(1) of the Utility Model Act, 
or Article 43(1), Article 43 -2(1) (including its mutatis mutandis application under 33 Article 43 -3(3)), or Article 43 -3(1) or (2) of the patent Act (including their mutatis 
mutandis application  under Article 11(1) of the Utility Model Act), excluding any 
inventions disclosed in any documents (limited to those equivalent to the 
descrip tion, scope of claim for a patent or utility model registration or drawing) 
submitted at the time of the filing of the application on which the priority claim in 
the earlier application is based), the laying open of application or the bulletin 
containing t he Utility Model pertaining to the earlier application shall be deemed 
to have been effected or issued at the time when the patent gazette containing 
patent or the laying open of application pertaining to the said patent application 
was issued or effected,  and the main clause of Article 29 -2 of the patent Act or 
Article 3 -2 of the Utility Model Act shall apply.  
(4) A person requesting to make a priority claim under paragraph (1) shall submit to 
the Commissioner of the Patent Office a document stating thereo f and the 
indication of the earlier application along with the patent application within the 
time limit  provided in Ordinance of the Ministry of Economy, Trade and Industry.  
 
(Withdrawal, etc. of earlier application)  
Article 42  (1) The earlier application on which a priority claim is based under 
Article 41(1) shall be deemed to have been withdrawn when the time limit  
provided in Ordinance of the Ministry of Economy, Trade and Industr y has lapsed 
from the filing date o f the earlier application; provided, however, that this shall 
not apply to the case where the earlier application has been waived, withdrawn or 
dismissed, where the examiner's decision or trial decision on the earlier 
application has become final and bindi ng, where the registration establishing a 
utility model right under Article 14(2) of the Utility Model Act with respect to the 
earlier application has been effected or where all priority claims based on the 
earlier application have been withdrawn.  
(2) The applicant of a patent application containing a priority claim under Article 
41(1) may not withdraw the priority claim after the time limit provided in 
Ordinance of the Ministry of Economy, Trade and Industr y has passed from the 
filing date of the e arlier application.  
(3) Where the patent application containing a priority claim under Article 41(1) is 
withdrawn within  the time limit provided in Ordinance of the Ministry of Economy, 
Trade and Industr y from the filing date of the earlier application, th e said priority 
claim shall be deemed withdrawn simultaneously.  
 34 (Procedures for a priority claim under the Paris Convention)  
Article 43  (1) A person desiring to take advantage of the priority under Article 
4.D(1) of the Paris Convention regarding a paten t application shall, within the 
time limit provided in Ordinance of the Ministry of Economy, Trade and Industr y, 
submit to the Commissioner of the Patent Office a document stating thereof, and 
specify the country of the Union of the Paris Convention in whi ch the application 
was first filed, deemed to have been first filed under C(4) of the said Article, or 
recognized to have been first filed under A(2) of the said Article, and the date of 
filing of the said application.  
(2) A person who has made a declarati on of priority under the preceding paragraph 
shall submit to the Commissioner of the Patent Office a certificate showing the 
date of filing from the country of the Union of the Paris Convention in which the 
application was first made, or deemed to have bee n first made under Article 4.C(4) 
of the Paris Convention, or recognized to have been first made under A(2) of the 
said Article, as well as certified copies of those equivalent to the description, scope 
of claims for patent or utility model registration an d drawings submitted at the 
time of the filing of the application, or any bulletin or certificate equivalent thereto 
issued by the government of the said country, within one year and four months 
from the earliest of the following dates:  
(i) the date of fil ing which was first made, deemed to have been first made under 
Article 4.C(4) of the Paris Convention, or recognized to have been first made 
under A(2) of the said Article;  
(ii) where such patent application contains a priority claim under Article 41(1), t he 
date of filing of the application on which the said priority claim is based; or  
(iii) where such patent application contains other priority claims under 43( 2), 
paragraph (1) of the next Article  (including its mutatis mutandis application 
under Article 4 3-3(3)), or 43-3(1) or 43 -3(2), the date of filing of the application 
on which the said priority claim is based.  
(3) A person who has made a declaration of priority under paragraph (1) shall, in 
addition to the documents as provided in the preceding paragr aph, submit to the 
Commissioner of the Patent Office a document specifying the filing number of the 
application which was first filed, deemed to have been first filed under Article 
4.C(4) of the Paris Convention, or recognized to have been first filed unde r A(2) of 
the said Article; provided, however, that where such filing number is not available 
to the person prior to the submission of the documents as provided in the said 
paragraph, in lieu of the said document, a document specifying the reason thereof 35 shall be submitted and the document specifying such filing number shall be 
submitted without delay when such number becomes available to the said person.  
(4) Where a person who has made a declaration of priority under paragraph (1) fails 
to submit the docum ents specified in paragraph (2) within the time limit provided 
therein, the said priority claim shall lose its effect.  
(5) In relation to the application of the preceding two paragraphs, where a person, 
having made a declaration of priority under paragraph  (1) in the case as provided 
by Ordinance of the Ministry of Economy, Trade and Industry in which a 
conversion of matters stated in the documents as provided in paragraph 2 through 
an electromagnetic devices (devices that are not perceivable by senses incl uding 
electronic and magnetic devices) with a country of the Union of the Paris 
Convention or an international organization for industrial property rights is 
allowed, submits to the Commissioner of the Patent Office the document stating 
the said filing num ber of the application and other matters as provided by 
Ordinance of the Ministry of Economy, Trade and Industry as matters necessary 
for converting the said matters, within the designated time limit under paragraph 
(2), the documents as provided in paragr aph (2) shall be deemed to have been 
submitted.  
(6) Where a document under paragraph (2) or a document under the preceding 
paragraph have not been submitted within the time limit under  paragraph  (2), 
the Commissioner of the Patent Office shall notify a pe rson who has made a 
priority claim under paragraph (1) thereof.  
(7) A person who has received a notice provided under the preceding paragraph  may 
submit a document under paragraph (2) or a document under paragraph (5)  to the 
Commissioner of the Patent Offi ce only within the time limit as provided in 
Ordinance of the Ministry of Economy, Trade and Industry . 
(8) Notwithstanding  the preceding  paragraph, where, due to reasons beyond the 
control of a person who has received a notice provided under paragraph (6) , the 
person  is unable to submit the documents as provided in paragraph (2) or the 
document as provided in paragraph (5) within the time limit provided under the 
preceding paragraph , the person may submit to the Commissioner of the Patent 
Office the documents or the document within the time limit as provided in 
Ordinance of the Ministry of Economy, Trade and Industry.  
(9) Where the documents specified in paragraph (2) or the document  specified in 
paragraph (5)  are submitted under paragraph (7) or the preceding paragraph , 
paragraph (4)  shall not apply . 36  
(Priority claims recognized under the Paris Convention)  
Article 43 -2  (1) A person , despite of desiring to take advantage of priority under 
Article 4.D(1) of the Paris Convention regarding a patent application, who have 
been unable to file a patent application containing a priority claim within a period 
of priority  (hereinafter referred to as the "period  of priority ") provided in C(1) of  
the said Article, where there is a reasonable ground for failing to file the patent 
application and he/she files the patent application within the time limit provided 
in Ordinance of the Ministry, Trade and Industry, may take advantage regarding 
to the said patent application  under the said Article, even after the lapse of the 
time limit of the period of priority . 
(2) Article 43 shall apply mutatis mutandis to the case where a priority claim is 
declared under the preceding paragraph.  
 
Article 43 -3  (1)  A priority claim may be declared in a patent application under 
Article 4 of the Paris Convention, where the priority claim is based on an 
application filed by a person specified in the left -hand column of the following table 
in a country specified in the co rresponding right -hand column.  
 
 
Japanese nationals or nationals of a 
country of the Union of the Paris 
Convention (including nationals deemed 
to be the nationals of the country of the 
Union in accordance with Article 3 of the 
Paris Convention - hereinafter the same 
shall apply in paragraph (2)).   
Member of the World Trade 
Organization  
 
Nationals of a Member of the World 
Trade Organization (meaning the 
nationals of Members provided for in 
paragraph (3) of Article 1 of the Annex 1C 
to the Marrakes h Country of the Union of the Paris 
Convention or Member of the World 
Trade Organization  
(2) The preceding two articles  shall apply mutatis mutandis to the case where a 
priority claim is declared under the preceding two paragraphs.  
 
(Division of patent applications)  
Article 44  (1) An applicant for a patent may extract one or more new patent 
applications out of a patent application containing two or more inventions only 
within the following cases : 37 (i) at the allowable time or within the allowable time li mit for amendments of the 
description, scope of claims or drawings attached to the application;  
(ii) within 30 days from the date on which a certified copy of the examiner's 
decision to the effect that a patent is to be granted (excluding the examiner's 
decision to the effect that a patent is to be granted under Article 51 as applied 
mutatis mutandis under Article 163(3) and the examiner's decision to the effect 
that a patent is to be granted with regard to a patent application that has been 
subject to exam ination as provided in Article 160(1)) has been served; and  
(iii) within three months from the date on which a certified copy of the examiner's 
initial decision to the effect that the application is to be refused has been served.  
(2) In the case referred to in the preceding paragraph, the new patent application 
shall be deemed to have been filed at the time of filing of the original patent 
application; provided, however, that this shall not apply for the purposes of 
applications of: Article 29 -2 of the Pat ent Act where the new patent application 
falls under another patent application in the said Article; Article 3 -2 of the Utility 
Model Act where the new patent application falls under a patent application in the 
said Article; and Articles 30(3) of the Paten t Act.  
(3) For the purpose of application of Article 43(2) (including its mutatis mutandis 
application under Article 43 -2(2) ( including its mutatis mutandis application 
under paragraph (3) of the preceding Article ) and  paragraph (3) of the preceding 
Articl e) where a new patent application is filed under paragraph (1), "within one 
year and four months from the earliest of the following dates" in Article 43(2) shall 
read "within one year and four months from the earliest of the following dates or 
three months  from the date of filing of the new patent application, whichever is 
later."  
(4) Where a new patent application is filed under paragraph (1), any statements or 
documents  which have been submitted in relation to the original patent 
application and are requi red to be submitted in relation to the new patent 
application under Article 30(3), 41(4), or Articles 43(1) and 43(2) (including their  
mutatis mutandis application under Article 43 -2(2) ( including its mutatis 
mutandis application under paragraph (3) of the  preceding Article ) and  paragraph 
(3) of the preceding Article) shall be deemed to have been submitted to the 
Commissioner of the Patent Office along with the new patent application.  
(5) Where the period as provided in Article 108(1) is extended under Arti cle 4 or 
Article 108(3), the 30 -day period as provided in paragraph (1)(ii) shall be deemed 
to have been extended only for that period as extended.  38 (6) Where the period as provided in Article 121(1) is extended under Article 4, the 
three -month period as pr ovided in paragraph (1)(iii) shall be deemed to have been 
extended only for that period as extended.  
(7) Notwithstanding item s (ii) and (iii) of the said paragraph, where, due to reasons 
beyond the control of an applicant for a new patent under paragraph ( 1), the 
applicant is unable to file the new  patent application within the time limit as 
provided under  these  items, the applicant may file the new  patent application 
within 14 days (where overseas resident, within two months) from the date on 
which the rea sons ceased to be applicable, but not later than six months following 
the expiration of the said time limit.  
 
Article 45  Deleted  
 
(Conversion of application)  
Article 46  (1) An applicant of a utility model registration may convert the 
application into a patent application; provided, however, that this shall not apply 
after the expiration of 3 years from the date of filing of the utility model 
registration application.  
(2) An applicant of a design registration may convert the application into a patent 
application; provided, however, that this shall not apply after the expiration of 3 
months from the date the certified copy of the examiner's initial decision to the 
effect that the application for a design registration is to be refused has been served 
or afte r the expiration of 3 years from the date of filing of the design registration 
application (excluding the period of a maximum of 3 months after the date the 
certified copy of the examiner's initial decision to the effect that the application for 
a design r egistration is to be refused has been served).  
(3) Where the period as provided in Article 46(1) of the Design Act is extended under 
Article 4 of the Patent Act as applied mutatis mutandis under Article 68(1) of the 
Design Act, the 3 -month period as provid ed in the proviso to the preceding 
paragraph shall be deemed to have been extended only for that period as extended.  
(4) Where an application is converted under paragraph (1) or (2), the original 
application shall be deemed to have been withdrawn.  
(5) Notw ithstanding the proviso to paragraph  (1) or the proviso to paragraph  (2), 
where, due to reasons beyond the control of a person who converts his  or her 
application under  paragraph (1) , the person  is unable to convert his or her  
application  within the time l imit as provided in the proviso to  paragraph  (1) or 39 within the time limit  of three years as provided in the proviso to  paragraph  (2), 
the person may convert his or her  application  within 14 days (where overseas 
resident, within two months) from the date on  which the reasons ceased to be 
applicable, but not later than six months following the expiration of the time limit s 
provided under these paragraphs . 
(6) Paragraphs (2) to (4) of Article 44 shall apply mutatis mutandis to the case of 
conversion of an appl ication under paragraph (1) or (2).  
 
(Patent applications based on utility model registration)  
Article 46 -2  (1) Except for the following cases, a holder of utility model right may 
file a patent application based on his/her own utility model registration a s 
provided by Ordinance of the Ministry of Economy, Trade and Industry.; In such 
a case, the utility model right shall be waived:  
(i) where 3 years have lapsed from the date of filing of an application for the said 
utility model registration;  
(ii) where a petition requesting the examiner's tec hnical opinion as to the 
regist rability of the utility model claimed in the utility model registration 
application or of the utility model registration, (in the following paragraph 
simply referred to as "utility model technical opinion"), is filed by the applicant 
of the utility model registration or the utility model right holder;  
(iii) where 30 days have lapsed from the date of receipt of initial notice under 
Article 13(2) of the Utility Model Act pertaining to a peti tion requesting the 
utility model technical opinion on the application for the utility model 
registration, or on the utility model registration filed by a person who is neither 
the applicant of the said utility model registration nor the said holder of Uti lity 
Model right; and  
(iv) where the time limit initially designated under Article 39(1) of the Utility 
Model Act for a utility model registration invalidation trial filed against the said 
utility model registration under Article 37(1) of the Utility Model  Act has 
expired.  
(2) A patent application under the preceding paragraph shall be deemed to have been 
filed at the time of filing of the application for the said utility model registration, 
provided that matters stated in the description, scope of claims o r drawings 
attached to the application in the said patent application are within the scope of 
the matters stated in the description, scope of claims or drawings attached to the 
application in the said utility model registration application on which the sai d 40 patent application is based; provided, however, that this shall not apply for the 
purpose of application of Article 29 -2 of the Patent Act or Article 3 -2 of the Utility 
Model Act, where the patent application falls under another patent application 
under the said Article of the Patent Act or the patent application under the said 
Article of the Utility Model Act, or for the purpose of application of Articles 30(3), 
the proviso to 36 -2(2) and 48 -3(2). 
(3) Notwithstanding item (i) or item (iii) of paragraph (1), where, due to reasons 
beyond the control of an applicant for a patent under paragraph (1), the applicant 
is unable to file an application for a patent within the time limit s as provided in 
the said item s, the applicant may file  the patent application within 14 days (where 
overseas resident, within two months) from the date on which the reasons ceased 
to be applicable, but not later than six months following the expiration of time 
limit s under the se provisions . 
(4) Where there is  an exclusive licensee, a pledgee or, in the case where Article 35(1) 
of the Patent Act as applied under Article 11(3) of the Utility Model Act or Article 
77(4) of the Patent Act as applied under Article 18(3) of the Utility Model Act or 
Article 19(1) of t he Utility Model Act is applicable, a non -exclusive licensee, the 
holder of a utility model right may file a patent application under paragraph (1), 
provided that the consent of the said exclusive licensee, pledgee or non -exclusive 
licensee is obtained.  
(5) Articles 44(3) and 44(4) shall apply mutatis mutandis to the case where a patent 
application is filed under paragraph (1).  
 
Chapter III Examination  
 
(Examination by examiner)  
Article 47  (1) The Commissioner of the Patent Office shall direct the examinat ion 
of patent applications by an examiner.  
(2) The qualifications of examiners shall be as prescribed by Cabinet Order.  
 
(Exclusion of examiners)  
Article 48  Articles 139(i) to 139(v) and 139(vii) shall apply mutatis mutandis to 
examiners.  
 
(Examination of  patent applications)  
Article 48 -2  The examination of a patent application shall be initiated after the 41 filing of a request for examination.  
 
(Request for examination of application)  
Article 48 -3  (1) Where a patent application is filed, any person may, w ithin 3 years 
from the filing date thereof, file with the Commissioner of the Patent Office a 
request for the examination of the said application.  
(2) In the case of a new patent application arising from the division of a patent 
application under Article 4 4(1), or a patent application arising from the conversion 
of an application under Article 46(1) or 46(2), or a patent application based on a 
utility model registration under Article 46 -2(1), a request for the examination of 
the said patent application may be filed even after the lapse of the time limit 
prescribed in the preceding paragraph, but not later than 30 days following the 
division of a patent application, conversion of application or filing of patent 
application based on a utility model registratio n. 
(3) A request for the examination of a patent application may not be withdrawn.  
(4) Where a request for the examination of an application is not filed within the time 
limit as provided in paragraph (1), the said patent application shall be deemed to 
have been withdrawn.  
(5) An applicant of a patent application that was deemed to have been withdrawn 
under the preceding paragraph, where there are reasonable grounds for failing to 
file a request for examination of the patent application, may file a request for 
examination only within the time limit as provided in Ordinance of the Ministry, 
Trade and Industry.   
(6) The request for examination filed  under  the preceding paragraph shall be deemed 
to have been filed to the Commissioner of the Patent Office  at the time of 
expiration of the time limit provided in paragraph (1).  
(7) Paragraph (3) shall apply mutatis mutandis to the case where the request for 
examination has not been filed within the time limit provided in paragraph ( 2). 
(8) Where an request fo r examination of a patent application is filed under paragraph 
(5) (including its mutatis mutandis application in the preceding paragraph; herein 
after the same shall apply in this paragraph) and the establishment of a patent 
right for the patent applicati on has been registered, a person who has been 
working the invention or preparing for the working of the invention in Japan 
without knowledge, after the fact that the patent application has been deemed to 
be withdrawn under paragraph (4) (including its muta tis mutandis application in 
the preceding paragraph) has been published in the patent gazette and before the 42 fact that the request for examination of the patent application has been filed under 
paragraph (5) is published in the patent gazette, shall have a  non-exclusive license 
on the patent right, only to the extent of the invention and the purpose of such 
business worked or prepared.  
 
Article 48 -4  A person(s) filing a request for the examination of an application shall 
submit a written request to the Com missioner of the Patent Office stating the 
following:  
(i) the name and domicile or residence of the demandant; and  
(ii) the identification of the patent application for which the examination is 
requested.  
 
Article 48 -5  (1) Where a request for the examination of an application is filed, in 
the case where such request is filed prior to the laying open of  the application, the 
Commissioner of the Patent Office shall publish the fact thereof in the patent 
gazette either at the time of laying open of the  application or thereafter without 
delay, and in the case where such a request is filed after laying open of the 
application, without delay after laying open.  
(2) Where a request for the examination of an application is filed by a person other 
than the app licant for a patent, the Commissioner of the Patent Office shall notify 
the applicant thereof.  
 
(Preferenti al examination)  
Article 48 -6  Where it is recognized that a person other than the applicant is 
working the invention claimed in a patent application as a business after the 
laying open of the application, the Commissioner of the Patent Office may, where 
deemed necessary, cause the examiner to examine the patent application in 
preference to other patent applications.  
 
(Notice of statement of information  concerning invention known to the public 
through publication)  
Article 48 -7  Where the examiner recognizes that a patent application does not 
comply with the requirements as provided in Article 36(4)(ii), the examiner may 
notify the applicant of the patent  thereof and give the said applicant an 
opportunity to submit a written opinion, designating an adequate time limit for 
such purpose.  43  
(Examiner's decision of refusal)  
Article 49  The examiner shall render an examiner's decision to the effect that a 
patent  application is to be refused where the patent application falls under any of 
the following:  
(i) an amendment made to the description, scope of claims or drawings attached to 
the application of a patent application does not comply with the requirements 
as provided in Article 17 -2(3) or (4);  
(ii) the invention claimed in the patent application is not patentable under Article 
25, 29, 29 -2, 32, 38 or 39(1) to 39(4);  
(iii) the invention claimed in the patent application is not patentable under the 
provisions of  any relevant treaty;  
(iv) the patent application does not comply with the requirements under Article 
36(4)(i), 36(6), or 37;  
(v) where notice under the preceding Article has been given, following the 
amendment of the description or submission of the writt en opinion, the patent 
application does not comply with the requirements under Article 36(4)(ii);  
(vi) where the patent application is a foreign -language -written -application, 
matters stated in the description, scope of claims or drawings attached to the 
application of the said patent application do not remain within the scope of 
matters stated in foreign -language -documents; and  
(vii) where the applicant for the patent does not have the right to obtain a patent 
for the said invention.  
 
(Notice of reasons for  refusal)  
Article 50  Where the examiner intends to render an examiner's decision to the 
effect that an application is to be refused, the examiner shall notify the applicant 
for the patent of the reasons therefor and give the said applicant an opportunity 
to submit a written opinion, designating an adequate time limit for such purpose; 
provided, however, that in cases referred to in Article 17 -2(1) (i) or (iii) (in the case 
of Article 17 -2(1)(i), limited to the case where the examiner has given a notice 
under the next Article along with the notice of reasons for refusal), this shall not 
apply where a ruling dism issing an amendment under Article 53(1) is rendered.  
 
(Notice to the effect that the reasons for refusal stated therein are the same as 
those stated in the previous notice)  44 Article 50 -2  Where the examiner intends to give a notice of reasons for refusal for 
a patent application under the preceding Article, and these reasons for refusal are 
the same as the reasons for refusal stated in the previous noti ce under the 
preceding Article (including its application mutatis mutandis under Article 159(2) 
(including its application mutatis mutandis under Article 174( 2)) and Article 
163(2)) with regard to another patent application (limited to the case where both 
patent applications are deemed to have been filed simultaneously by applying the 
provision of Article 44(2) to either or both of them) (excluding such a notice of 
reasons for refusal of which the applicant of the patent application could have 
never known t he content prior to the filing of a request for examination of the 
patent application), the examiner shall also give a notice to that effect.  
 
(Examiner's decision to the effect that a patent is to be granted)  
Article 51  Where no reasons for refusal are found for a patent application, the 
examiner shall render a decision to the effect that a patent is to be granted.  
 
(Formal requirements for decision)  
Article 52  (1) The examiner's decision shall be in writing and specify the reasons 
therefor.  
(2) Where t he examiner's decision is rendered, the Commissioner of the Patent Office 
shall serve to the applicant of a Patent a certified copy of the examiner's decision.  
 
(Dismissal of amendments)  
Article 53  (1) In the case of Article 17 -2(1)(i) or 17 -2(1)(iii) (in  the case of Article 17 -
2(1)(i), limited to the case where the examiner has given a notice under Article 50 -
2 along with the notice of reasons for refusal), where, prior to the service of the 
certified copy of the examiner's decision notifying to the effec t that a patent is to 
be granted, an amendment made to the description, scope of claims or drawings 
attached  to the application is found not to comply with paragraphs (3) to (6) of 
Article 17 -2, the examiner shall dismiss the amendment by a ruling.  
(2) The  ruling dismissing an amendment under the preceding paragraph shall be 
made in writing and state the reasons therefor.  
(3) The ruling dismissing an amendment under paragraph (1) shall not be subject to 
appeal; provided, however, that where a request for an  appeal against an 
examiner's decision of refusal has been filed, this shall not apply to the appeal 
made in the proceeding in the said trial.  45  
(In relation to litigation)  
Article 54  (1) Where deemed necessary during an examination, the examination 
procedure may be suspended until  a ruling  or a trial decision on an opposition to 
a granted patent  has become final and binding or court proceedings have been 
concluded.  
(2) Where an action is instituted or a motion for an order of provisional seizure or 
provisional disposition is filed, the court may, if it considers it necessary, suspend 
the court proceedings until the examiner's decision becomes final and binding.  
 
Articles 55 through 63  Deleted  
 
Chapter III -2 Laying Open of Applications  
 
(Laying open of applications)  
Article 64  (1) After a lapse of one year and six months from the date of the filing of 
a patent application, the Commissioner of the Patent Office shall lay open the 
patent application, except in the case where gazette containing the pate nt has 
already been published. The same shall apply where a request for the laying open 
of the patent application under paragraph (1) of the following Article is filed.  
(2) The laying open of a patent application shall be effected by stating the following 
matters in the patent gazette; provided, however, that this shall not apply to the 
matters prescribed in items (iv) to (vi) where the Commissioner of the Patent Office 
recognizes that public order or morality is liable to be injured by stating such 
matters  in the patent gazette:  
(i) the name, and the domicile or residence of the applicant(s) for the patent;  
(ii) the number and the filing date of the patent application;  
(iii) the name, and the domicile or residence of the inventor(s);  
(iv) the matters stated  in the description, scope of claims attached to the 
application and the contents of the drawings attached to the said application;  
(v) the matters stated in the abstract attached to the application;  
(vi) in the case of a foreign -language -written -applicati on, the matters stated in 
documents in foreign language and the abstract in foreign language;  
(vii) the number and the date of laying open of the patent application; and  
(viii) other necessary matters.  
(3) When anything stated in the abstract attached to the application does not comply 46 with Article 36(7), or in cases where the Commissioner of the Patent Office finds 
it otherwise necessary, the Commissioner of the Patent Office may publish in the 
patent g azette, in lieu of the matters stated in the abstract under item (v) of the 
preceding paragraph, matters prepared by the Commissioner of the Patent Office.  
 
(Request for laying open of a patent application)  
Article 64 -2  (1) An applicant for a patent may f ile a request for the laying open of 
the patent application with the Commissioner of the Patent Office except in the 
following cases:  
(i) where the patent application has already been laid open;  
(ii) where the patent application contains a priority claim u nder Article 43(1), , 
Article 43 -2(1) (including its mutatis mutandis application under Article 43 -3(3)), 
or Article 43 -3(1) or (2) , and documents relating thereto under Article 43(2)  
(including its mutatis mutandis application under Article s 43-2(2) (including its 
mutatis mutandis application under Article 43 -2(3)) and 43 -3(3)) and a 
document relating thereto under Article s 43(5) (including its mutatis mutandis 
application under Article 43 -2(2)) and 43 -3(3), have not been submitted to the 
Commissioner of t he Patent Office; and  
(iii) where the patent application is a foreign -language -written -application and 
translations of foreign -language -documents under Article 36 -2(2) have not been 
submitted to the Commissioner of the Patent Office.  
(2) A request for the laying open of a patent application may not be withdrawn.  
 
Article 64 -3  An applicant filing a request for the laying open of a patent application 
shall submit a written request to the Commissioner of the Patent Office stating 
the following:  
(i) the name a nd domicile or residence of the demandant; and  
(ii) the identification of the patent application for which the laying open is 
requested.  
 
(Effect of the laying open of applications)  
Article 65  (1) After the laying open of a patent application, where the a pplicant for 
the patent has given warning with documents stating the contents of the invention 
claimed in the patent application, the applicant may claim compensation against 
a person who has worked the invention as a business after the warning and prior 
to the registration establishing a patent right, and the amount of compensation 47 shall be equivalent to the amount the applicant would be entitled to receive for the 
working of the invention if the invention were patented. Even where the said 
warning has not  been given, the same shall apply to a person who knowingly 
commercially worked an invention claimed in a laid open patent application, prior 
to the registration establishing a patent right.  
(2) The right to claim compensation under the preceding paragraph  may not be 
exercised until the registration establishing a patent right has been effected.  
(3) Where a provisional exclusive licensee or a provisional non -exclusive licensee has 
worked an invention pertaining to the patent application to the extent permit ted 
by the contract granting a license, the applicant for the patent may not claim 
compensation under paragraph (1).  
(4) The exercise of the right to claim compensation under paragraph (1) shall not 
preclude the exercise of the patent right.  
(5) Where a pa tent application has been waived, withdrawn or dismissed after the 
laying open of the patent application, or where the examiner's decision or a trial 
decision refusing the patent application has become final and binding, or where 
the patent right has been deemed never to have existed from the beginning under 
Article 112(6) (except in the case where it is further found that the patent right is 
deemed to have existed from the beginning under Article 112 -2(2)) , or where 
revocation  decision under Article 114(2)  has become final and binding , or where, 
with exception of cases coming under the proviso to Article 125, a trial decision to 
the effect that the patent is to be invalidated has become final and binding, the 
right to claim under paragraph (1) shall be deem ed never to have been established 
from the beginning.  
(6) Articles 101, 104 to 104 -3, 105, 105 -2, 105 -4 to 105 -7 and 168(3) to 168(6) of this 
Act and Articles 719 and 724 (tort) of the Civil Code (Act No. 89 of 1896) shall 
apply mutatis mutandis to the exe rcise of the right to claim compensation under 
paragraph (1). In this case, where a person having the right to claim compensation 
has become aware of the fact that the invention claimed in the patent application 
had been worked and of the person who had wo rked the invention prior to the 
registration establishing a patent right, the term "by the victim or his/her legal 
representative within three years from the time when he/she comes to know of the 
damages and the identity of the perpetrator" in Article 724 of the Civil Code shall 
be deemed to be replaced with "by the person having the right to claim within 
three years from the date of the registration establishing a patent right."  
 48 Chapter IV Patent Rights  
Section 1 Patent Rights (Article 66 to Article 99)  
 
(Registration of establishment of a patent right)  
Article 66  (1) A patent right shall become effective upon registration of its 
establishment.  
(2) The establishment of a patent right shall be registered where patent fees for each 
year during the period fr om the first year to the third year under Article 107(1) 
have been paid or an exemption or deferment thereof has been granted.  
(3) Where the registration under the preceding paragraph has been effected, the 
following matters shall be published in the paten t gazette; provided, however, that 
this shall not apply to the matters prescribed in paragraph (v) where the patent 
application has already been laid open:  
(i) the name, and the domicile or residence of the patentee(s);  
(ii) the number and the filing date of the patent application;  
(iii) the name, and the domicile or residence of the inventor(s);  
(iv) the matters stated in the description and scope of claims attached to the 
application and the contents of the drawings attached to the said application;  
(v) the matters stated in the abstract attached to the application;  
(vi) the patent number and the date of registration of establishment; and  
(vii) other necessary matters.  
(4) Article 64(3) shall apply mutatis mutandis where the matters stated in the 
abstract  as provided in Article 64(3)(v) are published in the patent gazette under 
the preceding paragraph.  
 
(Duration of patent rights)  
Article 67  (1) The duration of a patent right shall expire after a period of 20 years 
from the filing date of the patent application.  
(2) Where there is a period during which the patented invention is unable to be 
worked because approvals prescribed by relevant Acts that are intended to ensure 
the safely, etc. or any other disposition designated by Cabinet Order as requiring  
considerable time for the proper execution of the disposition in light of the purpose, 
procedures, etc., of such a disposition is necessary to obtain for the working of the 
patented invention, the duration of the patent right may be extended, upon the 
filing an application to register an extension of the duration, by a period not 
exceeding 5 years.  49  
(Registration of extension of duration)  
Article 67 -2  (1) A person(s) filing an application to register an extension of the 
duration of a patent right shall su bmit an application to the Commissioner of the 
Patent Office stating the following:  
(i) the name, and the domicile or residence of the applicant;  
(ii) the patent number;  
(iii) the period for which the extension is requested (not exceeding 5 years); and  
(iv) the contents of the disposition designated by Cabinet Order under Article 67(2).  
(2) The written application under the preceding paragraph shall be accompanied by 
materials specifying the reason(s) for the extension, as provided by Ordinance of 
the Minis try of Economy, Trade and Industry.  
(3) The application to register an extension of the duration of a patent right shall be 
filed within the time limit prescribed by Cabinet Order after the disposition 
prescribed by Cabinet Order under Article 67(2) is obt ained; provided, however, 
that the said written application may not be filed after the expiration of the 
duration of a patent right under Article 67(1).  
(4) Where a patent right is jointly owned, none of the joint owners may file an 
application to register  an extension of the duration of a patent right unless jointly 
with all the other joint owners.  
(5) Where an application to register an extension of the duration of a patent right is 
filed, the duration shall be deemed to have been extended; provided, howe ver, that 
this shall not apply where the examiner's decision to the effect that the application 
is to be refused has become final and binding or where the extension of the 
duration of a patent right has been registered.  
(6) Where an application to register  an extension of the duration of a patent right is 
filed, matters stated in paragraph (1) and the number and the filing date of the 
application shall be published in the patent gazette.  
 
Article 67 -2-2  (1) Where the disposition designated by Cabinet Order under Article 
67(2) is unlikely to be obtained prior to 6 months before the expiration of the 
duration of a patent right under Article 67(1), a person filing an application to 
register a n extension of the duration of a patent right shall submit to the 
Commissioner of the Patent Office, on or before the time limit, a document stating 
the following:  
(i) the name, and domicile or residence of the person filing the application;  50 (ii) the paten t number; and  
(iii) the disposition designated by Cabinet Order under Article 67(2).  
(2) Unless the document required to be submitted under the preceding paragraph is 
submitted, an application to register an  extension of the duration of a patent right 
may not be filed after 6 months before the expiration of the duration of the patent 
right under Article 67(1).  
(3) Where the document as provided in paragraph (1) is submitted, the matters 
prescribed in the said paragraph shall be published in the patent gazet te. 
(4) Where, due to reasons beyond the control of a person  who submits a document 
under paragraph (1), the person  is unable to submit the document  within the time 
limit as provided in the said paragraph, the person may, notwithstanding the said 
paragraph , submit the document  within 14 days (where overseas resident, within 
one months) from the date on which the reasons ceased to be applicable, but not 
later than two months following the date under  the said paragraph . 
 
Article 67 -3  (1) Where an  application  to register an extension of the duration of a 
patent right falls under any of the following items, the examiner shall render the 
examiner's decision to the effect that the application is to be refused:  
(i) where the disposition designated by Cabinet Order  under Article 67(2) is not 
deemed to have been necessary to obtain for the working of the patented 
invention;  
(ii) where the patentee, or the exclusive licensee or the non -exclusive licensee of 
the patent has not obtained the disposition designated by Cab inet Order under 
Article 67(2);  
(iii) where the period for which the extension is requested exceeds the period 
during which the patented invention was unable to be worked;  
(iv) where the person filing the application is not the patentee; and  
(v) where the application does not meet the requirements under Article 67 -2(4). 
(2) Where no reasons for refusal are found for the application to register an extension 
of the duration of a patent right, the examiner shall render an examiner's decision 
to the effect that  the extension is to be registered.  
(3) Where the examiner's decision or trial decision to the effect that the extension of 
the duration of the patent right is to be registered is rendered, the extension of the 
duration of the patent right shall be registe red. 
(4) Where the registration under the preceding paragraph is made, the following 
matters shall be published in the patent gazette:  51 (i) the name and domicile or residence of the patentee;  
(ii) the patent number;  
(iii) the number and filing date of the a pplication to register an extension of the 
duration of the patent right;  
(iv) the date of the registration of extension;  
(v) the period of extension; and  
(vi) the contents of the disposition designated by Cabinet Order under Article 67(2).  
 
Article 67 -4  A rticles 47(1), 48, 50 and 52 shall apply mutatis mutandis to the 
examination of the application to register an extension of the duration of a patent 
right.  
 
(Effect of patent right)  
Article 68  A patentee shall have the exclusive right to work the patented  invention 
as a business; provided, however, that where an exclusive license regarding the 
patent right is granted to a licensee, this shall not apply to the extent that the 
exclusive licensee is licensed to exclusively work the patented invention.  
 
(Effec t of patent right in the case of duration extension)  
Article 68 -2  Where the duration of a patent right is extended (including the case 
where the duration is deemed to have been extended under Article 67 -2(5)), such 
patent right shall not be effective agai nst any act other than the working of the 
patented invention for the product which was the subject of the disposition 
designated by Cabinet Order under Article 67(2) which constituted the reason for 
the registration of extension (where the specific usage o f the product is prescribed 
by the disposition, the product used for that usage).  
 
(Limitations of patent right)  
Article 69  (1) A patent right shall not be effective against the working of the 
patented invention for experimental or research purposes.  
(2) A patent right shall not be effective against the following products:  
(i) vessels or aircrafts merely passing through Japan, or machines, apparatus, 
equipment or other products used therefor; and  
(ii) products existing in Japan prior to the filing of the p atent application.  
(3) A patent right for the invention of a medicine (refers to a product used for the 
diagnosis, therapy, treatment or prevention of human diseases, hereinafter the 52 same shall apply in this paragraph) to be manufactured by mixing two or m ore 
medicines or for the invention of a process to manufacture a medicine by mixing 
two or more medicines shall not be effective against the act of preparation of a 
medicine as is written in a prescription from a physician or a dentist and the 
medicine pre pared as is written in a prescription from a physician or a dentist.  
 
(Technical scope of patented invention)  
Article 70  (1) The technical scope of a patented invention shall be determined based 
upon the statements in the scope of claims attached to the a pplication.  
(2) In the case of the preceding paragraph, the meaning of each term used in the 
scope of claims shall be interpreted in consideration of the statements in the 
description and drawings attached to the application.  
(3) In the case of the precedi ng two paragraphs, statements in the abstract attached 
to the application shall not be taken into consideration.  
 
Article 71  (1) A request may be made to the Patent Office for its advisory opinion 
on the technical scope of a patented invention . 
(2) Where a request under the preceding paragraph is made, the Commissioner of 
the Patent Office shall designate three administrative judge s to make an advisory 
opinion on the requested matter.  
(3) Articles 131(1), the main clause of 131 -2(1), 132(1) and (2), 133, 1 33-2, 134(1), (3) 
and (4), 135, 136(1) and (2), 137(2), 138, 139 (excluding (vi)), 140 to 144, 144 -2(1) 
and (3) to (5), 145(2) to (5), 146, 147(1) and (2), 150(1) to (5), 151 to 154, 155(1), 157 
and 169(3), (4) and (6) shall apply mutatis mutandis to the a dvisory opinion under 
paragraph (1). In this case, the term "trial decision" in Article 135 shall be deemed 
to be replaced with "ruling", the term "trial other than the trial under the 
preceding parag raph" in Article 145(2) shall be deemed to be replaced w ith 
"proceedings for advisory opinion", the term "where public order or morality is 
liable to be injured thereby" in the proviso to Article 145(5) shall be deemed to be 
replaced with "where the chief administrative judge  considers it necessary", the 
term " Article 147" in Article 151 shall be deemed to be replaced with "Article 147(1) 
and (2)", the term "before a trial decision becomes final and binding" in Article 
155(1) shall be deemed to be replaced with "before the certified copy of the written 
advisory opinion is served".  
(4) No appeal shall be available against a ruling under Article 135 to be applied 
mutatis mutandis in the preceding paragraph.  53  
Article 71 -2  (1) Where the Commissioner of the Patent Office is commissioned by 
the court for t he provision  of an expert opinion on the technical scope of a patented 
invention, the Commissioner of the Patent Office shall appoint three 
administrative judge s and direct them to provide an expert opinion on the 
requested matter.  
(2) Articles 36(1), 36(2), 137(2) an d 138 shall apply mutatis mutandis to the 
commissioning of the provision of an expert opinion prescribed in the preceding 
paragraph.  
 
(Related to patented inventions, etc., by others)  
Article 72  Where a patented invention uses another person's patented invention, 
registered utility model, registered design or design similar thereto for which an 
application was filed prior to the date of filing of the said patent application, or 
where the patent right is in conflict with another person's design right or 
trademark right obtained based on an application filed prior to the date of filing of 
the said patent application, the patentee, exclusive licensee or non -exclusive 
licensees may not work the patented invention as a business.  
 
(Jointly owned paten t rights)  
Article 73  (1) Where a patent right is jointly owned, no joint owner may assign or 
establish a right of pledge on the said joint owner's own share without the consent 
of all the other joint owners.  
(2) Where a patent right is jointly owned, unless otherwi se agreed upon by contract, 
each of the joint owners of the patent right may work the patented invention 
without the consent of the other joint owners.  
(3) Where a patent right is jointly owned, no joint owner may grant an exclusive 
license or non -exclusiv e license with regard to the patent right to any third party 
without the consent of all the other joint owners.  
 
(Special provisions pertaining to transfer of patent right)  
Article 74  (1) Where a patent falls under the requirements as provided in Article 
123(1)(ii) (limited to cases where the patent is obtained in violation of Article 38) 
or the requirements as provided in item (vi) of the said paragraph, a person who 
has the right to obtain a patent for the invention pertaining to the said paten t may 
requ est the patentee thereof to transfer the said patent right as provided by 54 Ordinance of the Ministry of Economy, Trade and Industry.  
(2) Where the transfer of a patent right has been registered based on the request 
under the preceding paragraph, the patent right shall be deemed to have belonged 
to a person who has obtained the said registration from the beginning. The same 
shall apply to the right to claim compensation under Article 65(1) or Article 184 -
10(1) on the invention pertaining to the said patent ri ght. 
(3) Paragraph (1) of the preceding Article shall not apply where the share of a jointly 
owned patent right is transferred based on the request under paragraph (1).  
 
Articles 75  Deleted  
 
(Lapse of patent rights in absence of heir)  
Article 76  A patent  right shall lapse where no person claims the right as an heir 
within the time limit designated in Article 958 of the Civil Code.  
 
(Exclusive license)  
Article 77  (1) A patentee may grant an exclusive license on the patent right.  
(2) An exclusive licensee shall have an exclusive right to work the patented invention 
as a business to the extent permitted by the contract granting the license.  
(3) An exclusive license may be transferred only where the business involving the 
working of the relevant invention is also transferred, where the consent of the 
patentee is obtained or where the transfer occurs as a result of general succession 
including inheritance.  
(4) An exclusive licensee may establish a right of pledge or grant a non -exclusive 
license on his exclusiv e license to a third party only where the consent of the 
patentee is obtained.  
(5) Article 73 shall apply mutatis mutandis to exclusive licenses.  
 
(Non -exclusive license)  
Article 78  (1) A patentee may grant a non -exclusive license on the patent right to 
any third party.  
(2) A non -exclusive licensee shall have a right to work the patented invention as a 
business to the extent prescribed by this Act or permitted by the contract granting 
the license.  
 
(Non -exclusive license based on prior use)  55 Article 79  A person who, without knowledge of the content of an invention claimed 
in a patent application, made an invention identical to the said invention, or a 
person who, without knowledge of the content of an invention claimed in a patent 
application, learned the invention from a person who made an invention identical 
to the said invention and has been working the invention or preparing for the 
working of the invention in Japan at the time of the filing of the patent application, 
shall have a non -exclusive  license on the patent right, only to the extent of the 
invention and the purpose of such business worked or prepared.  
 
(Non -exclusive license due to the working of the invention prior to the registration 
of transfer of patent right)  
Article 79 -2  (1) A person who had a patent right, or an exclusive license on the 
patent right or a non -exclusive license on the patent right, or the exclusive license 
at the time of the registration of transfer of the patent right based on the request 
pursuant to Article 74(1), wh o is doing a business working an invention in Japan 
or preparing such business, before the registration of transfer of the patent right, 
without knowledge that the patent falls under the requirements as provided in 
Article 123(1)(ii) (limited to cases where the  said patent has been obtained in 
violation of Article 38) or the requirements as provided in item (vi) of the said 
paragraph, shall have a non -exclusive license on the patent right only to the extent 
of the invention and the purpose of such business worke d or prepared.  
(2) The patentee shall have a right to receive reasonable consideration from the 
non-exclusive licensee under the preceding paragraph.  
 
(Non -exclusive license due to the working of the invention prior to the registration 
of the request for a n invalidation trial)  
Article 80  (1) A person falling under any of the following items, who is doing a 
business working an invention in Japan or preparing such business, before the 
registration of a request for a n invalidation trial, without knowledge tha t the 
patent falls under any of the paragraphs of Article 123(1), shall have a non -
exclusive license regarding the invalidated patent right or the exclusive license 
existing at the time of the invalidation, only to the extent of the invention and the 
purpo se of such business worked or prepared:  
(i) the original patentee in the case where one of two or more patents granted for 
the same invention has been invalidated;  
(ii) the original patentee in the case where, after a patent has been invalidated, a 56 patent is granted to the person who is entitled to obtain a patent for the same 
invention; and  
(iii) in the case referred to in items (i) and (ii), a person that, at the time of the 
registration of the request for a n invalidation trial, has an exclusive license 
regarding the patent right to be invalidated, or a non -exclusive license regarding 
the patent right or an exclusive license on the patent right.  
(2) The patentee or the exclusive licensee shall have a right to receive reasonable 
consideration from the non -exclusive licensee under the preceding paragraph.  
 
(Non -exclusive license after expiration of duration of design right)  
Article 81  Where a design right with regard to an application for a design 
registration filed on or before the date of filing of a paten t application is in conflict 
with the patent right with regard to the patent application, the original holder of 
design right shall, upon expiration of the duration of the design right, have a non -
exclusive license on the said patent right or on the exclus ive license actually 
existing at the time of expiration of the duration of the design right, limited to the 
extent of the original  design right.  
 
Article 82  (1) Where a design right with regard to an application for a design 
registration filed on or befor e the date of filing of a patent application is in conflict 
with the patent right with regard to the patent application, a person who, at the 
time of expiration of the duration of the design right, actually owns the exclusive 
license on the design right, o r a non -exclusive license on the design right or on the 
exclusive license shall, upon expiration of the duration of the design right, have a 
non-exclusive license on the patent right or on the exclusive license actually 
existing at the time of expiration o f the duration of the design right, limited to the 
extent of the original right.  
(2) The patentee or the exclusive licensee shall have a right to receive reasonable 
consideration from the non -exclusive licensee under the preceding paragraph.  
 
(Award granting non -exclusive license where invention is not worked)  
Article 83  (1) Where a patented invention is not sufficiently and continuously 
worked for 3 years or longer in Japan, a person intending to work the patented 
invention may request the patentee or the exclusive licensee to hold consultations 
to discuss granting a non -exclusive license; provided, however, that this shall not 
apply unless 4 years have lapsed from the filing date of the patent application in 57 which the patented invention was filed.  
(2) Where no agreement is reached by consultations or no consultations are able to 
be held as provided in the preceding paragraph, the person intending to work the 
patented invention may request the Commissioner of the Patent Office for an 
award.  
 
 (Submiss ion of a written answer)  
Article 84  Where a request for an award has been filed under Article 83(2), the 
Commissioner of the Patent Office shall serve a copy of the written request to the 
patentee or exclusive licensee pertaining to the request, or any ot her person 
having a registered right pertaining to the patent, and give such a person an 
opportunity to submit a written answer, designating an adequate time limit.  
 
(Statement of opinions of non -exclusive licensee)  
Article 84 -2  Where a request for an awa rd has been filed under Article 83(2), a 
person who has a non -exclusive license on the patent may state opinions on the 
said request for  the award within the time limit under the preceding Article.  
 
(Hearing of opinions of councils, etc.)  
Article 85  (1) I n rendering an award under Article 83(2), the Commissioner of the 
Patent Office shall hear the opinions of those provided by Cabinet Order, including 
councils, etc. (refer to organs provided in Article 8 of National Government 
Organization Act (Act No. 120  of 1948)).  
(2) Where there is a reasonable ground for failing to properly work the patented 
invention, the Commissioner of the Patent Office shall not render an award to the 
effect that a non -exclusive license is to be granted.  
 
(Formal requirements for a ward)  
Article 86  (1) The award under Article 83(2) shall be rendered in writing and state 
the grounds therefor.  
(2) The following matters shall be determined in an award to the effect that a non -
exclusive license is to be granted:  
(i) the scope of the non -exclusive license to be granted; and  
(ii) the amount of consideration, and the method and time of payment thereof.  
 
(Service of certifi ed copy of award)  58 Article 87  (1) The Commissioner of the Patent Office shall, upon rendering an 
award under Article 83( 2), serve a certified copy of the award to the parties, non -
parties having registered rights relating to the patent and a non -exclusive licensee 
who has stated opinions under Article 84 -2. 
(2) Where a certified copy of an award to the effect that a non-exclusive license is to 
be granted is served to the parties under the preceding paragraph, an agreement 
as prescribed in the award is deemed to have been reached between the parties.  
 
(Deposit of consideration)  
Article 88  A person(s) required to pay c onsideration under Article 86(2)(ii) shall 
deposit the said consideration in the following cases:  
(i) where the person(s) entitled to the consideration refuses or is unable to receive 
such consideration;  
(ii) where an action with respect to the considerati on is instituted under Article 
183(1); or  
(iii) where a right of pledge is established on the patent right or the exclusive 
license; provided, however, that this shall not apply where the consent of the 
pledgee is obtained.  
 
(Loss of effect of award)  
Artic le 89  Where a person(s) who desires a non -exclusive license to be granted fails 
to pay or deposit consideration (or, where such consideration is to be paid 
periodically or by installments, the first installment thereof) within the time of 
payment determin ed in the award under Article 83(2), the award to the effect that 
a non -exclusive license is to be granted shall lose its effect.  
 
(Rescission of award)  
Article 90  (1) After rendering an award to the effect that a non -exclusive license is 
to be granted under Article 83(2), where the enforcement of the award becomes 
inappropriate due to specific reason(s) including the case where the grounds for 
the award have ceased to exist, or where the person to whom the non -exclusive 
license was granted fails to properly work the patented invention, the 
Commissioner of the Patent Office may, upon request of an interested person or 
ex officio, rescind the award.  
(2) Art icles 84, 84 -2, 85(1), 86(1) and 87(1) shall apply mutatis mutandis to the 
rescission of awards under the preceding paragraph and Article 85(2) shall apply 59 mutatis mutandis to the rescission of awards under the preceding paragraph 
where the person to whom a non -exclusive license is granted fails to properly work 
the patented invention.  
 
Article 91  A non -exclusive license shall lapse after the rescission of the award 
under Article 90(1).  
 
(Restriction on grounds for objection to award)  
Article 91 -2  No obje ction under the Administrative Appeal Act (Act No. 160 of 1962) 
to the award rendered under Article 83(2) may be raised on the ground that the 
consideration prescribed in the award is unsatisfactory.  
 
(Award granting non -exclusive license to work  own paten ted invention)  
Article 92  (1) Where a patented invention falls under any of the cases as provided 
in Article 72, the patentee or exclusive licensee may request the other person 
under the said Article to hold consultations to discuss granting a non -exclusi ve 
license to work the patented invention or a non -exclusive license on the utility 
model right or the design right.  
(2) The other person under Article 72 who is requested to hold consultations under 
the preceding paragraph may request the patentee or excl usive licensee requesting 
such consultations to hold consultations to discuss granting a non -exclusive license 
to the extent of the patented invention that the said patentee or exclusive licensee 
intend to work with a non -exclusive license on the patent ri ght, on the utility model 
right or on the design right granted through consultations.  
(3) Where no agreement is reached by consultations or no consultations are able to 
be held as provided in paragraph (1), the patentee or the exclusive licensee may 
reques t the Commissioner of the Patent Office for an award.  
(4) Where no agreement is reached by consultations or no consultations are able to 
be held as provided in paragraph (2) and where a request for an award is filed 
under the preceding paragraph, the other  person under Article 72 may request the 
Commissioner of the Patent Office for an award only within the time limit for the 
submission of a written answer by the said other person designated by the 
Commissioner of the Patent Office under Article 84 as appli ed mutatis mutandis 
under paragraph (7).  
(5) In the case of paragraph (3) or (4), the Commissioner of the Patent Office shall 
not render an award to the effect that a non -exclusive license is to be granted 60 where the granting of the non -exclusive license wi ll be unreasonably prejudicial to 
interest of the other person under Article 72, the patentee or the exclusive licensee.  
(6) In the case of paragraph (4), in addition to the case provided for in the preceding 
paragraph, the Commissioner of the Patent Offic e shall not render an award 
ordering a non -exclusive license to be granted if an award ordering a non -exclusive 
license to be granted is not rendered with respect to the request for an award under 
paragraph (3).  
(7) Articles 84, 84 -2, 85(1) and 86 through the preceding Article shall apply mutatis 
mutandis to the award under paragraph (3) or (4).  
 
(Award granting non -exclusive license for public interest)  
Article 93  (1) Where the working of a patented invention is particularly necessary 
for the public inter est, a person(s) intending to work the patented invention may 
request the patentee or the exclusive licensee to hold consultations to discuss 
granting a non -exclusive license.  
(2) Where no agreement is reached by consultations or no consultations are able to 
be held as provided in the preceding paragraph, the person intending to work the 
patented invention may request the Minister of Economy, Trade and Industry for 
an award.  
(3) Articles 84, 84 -2, 85(1) and 86 through 91 -2 shall apply mutatis mutandis to th e 
award under the preceding paragraph.  
 
(Transfer, etc. of non -exclusive license)  
Article 94  (1) Except for a non -exclusive license granted by an award under Article 
83(2), 92(3), 92(4) or 93(2) of the Patent Act, Article 22(3) of the Utility Model Act 
or Article 33(3) of the Design Act, a non -exclusive license may be transferred only 
where the business involving the working of the relevant invention is also 
transferred, where the consent of the patentee (or, in the case of non -exclusive 
license on the exc lusive license, the patentee and the exclusive licensee) is obtained 
and where the transfer occurs as a result of general succession including 
inheritance.  
(2) Except for a non -exclusive license granted by an award under Article 83(2), 92(3), 
92(4) or 93(2 ) of the Patent Act, Article 22(3) of the Utility Model Act or Article 
33(3) of the Design Act, a non -exclusive licensee may establish a right of pledge on 
the non -exclusive right only where the consent of the patentee (or, in the case of 
non-exclusive lic ense on the exclusive license, the patentee and the exclusive 61 licensee) is obtained.  
(3) A non -exclusive license granted by an award under Article 83(2) or 93(2) may be 
transferred only where the business involving the working of the relevant 
invention is also transferred.  
(4) Where a non -exclusive license is granted by an award under Article 92(3) of the 
Patent Act, Article 22(3) of the Utility Model Act or Article 33(3) of the Design Act, 
the said non -exclusive license shall be transferred together with t he patent right, 
utility model right or design right of the non -exclusive licensee on which the non -
exclusive license is granted and the business involving the working of the relevant 
invention in the case where each right is transferred together with the said 
business, and shall be extinguished in the case where each right of the said non -
exclusive licensee is extinguished or transferred independently of the said 
business.  
(5) A non -exclusive license granted by an award under Article 92(4) shall be 
transfe rred together with the patent right, utility model right or design right of 
the non -exclusive licensee on which the non -exclusive license is granted, and shall 
be extinguished in the case where the said patent right, utility model right or 
design right is extinguished.  
(6) Article 73(1) shall apply mutatis mutandis to non -exclusive licenses.  
 
(Right of pledge)  
Article 95  Unless otherwise agreed upon by contract, where a right of pledge is 
established on a patent right, exclusive license or non -exclusive li cense, the 
pledgee may not work the patented invention.  
 
Article 96  A right of pledge on a patent right, exclusive license or non -exclusive 
license may be exercised against any consideration to be paid for the patent right, 
exclusive license or non-exclus ive license or any money or goods to be received by 
the patentee or the exclusive licensee for the working of the patented invention; 
provided, however, that the pledgee have to attach the consideration, money or 
goods prior to the payment of money or deli very of goods.  
 
(Waiver of patent right, etc.)  
Article 97  (1) Where there is an exclusive licensee, pledgee or non -exclusive 
licensee as provided in Article 35(1), 77(4) or 78(1), a patentee may waive the 
patent right, only where the consent of the said exclusive licensee, pledgee or non -62 exclusive licensee is obtained.  
(2) Where there is a pledgee or non -exclusive licensee as provided in Article 77(4), 
an exclusive licensee may waive the exclusive license, only where the consent of 
the said pledgee or non -exclusive licensee is obtained.  
(3) Where there is a pledgee, a non -exclusive licensee may waive the non -exclusive 
license, only where the consent of the said pledgee is obtained.  
 
 (Effect of registration)  
Article 98  (1) The following matters must be re gistered to take effect:  
(i) the transfer (except for a transfer arising from general succession including 
inheritance), modification due to trust, lapse due to waiver or restriction on 
disposition of a patent right;  
(ii) the grant, transfer (except for a transfer arising from general succession 
including inheritance), amendment, lapse (except for a lapse arising from a 
merger or a lapse of the patent right) or restriction on disposition of an exclusive 
license; and  
(iii) the establishment, transfer (except  for a transfer arising from general 
succession including inheritance), amendment, lapse (except for a lapse arising 
from a merger or extinguishment of credit secured thereby) or restriction on 
disposition of a right of pledge of a patent right or exclusiv e license.  
(2) Matters of general succession including inheritance under the preceding 
paragraph shall be notified to the Commissioner of the Patent Office without delay.  
 
(Perfection of non -exclusive license)  
Article 99  When a non -exclusive license is re gistered, the non -exclusive license 
shall have effect on any person who subsequently acquires the patentee or the 
exclusive licensee, or the exclusive license on the patent right.  
 
Section 2 Infringement of rights (Article 100 to Article 106)  
 
(Right to seek injunction)  
Article 100  (1) A patentee or exclusive licensee may demand a person who infringes 
or is likely to infringe the patent right or exclusive license to stop or prevent such 
infringement.  
(2) In making a demand under the preceding paragraph, the patentee or exclusive 
licensee may demand measures necessary for the prevention of such infringement 63 including the disposal of products constituting such act of infringement (including, 
in the case of a patented invention of a process of producing products, products 
produced by the act of infringement; the same shall apply in Article 102(1)) and 
the removal of facilities used for the act of infringement.  
 
(Acts Deemed to constitute infringement)  
Article 101  The following acts shall be deemed to constitute infringement of a 
patent right or an exclusive license:  
(i) where a patent has been granted for an invention of a product, acts of producing, 
assigning, etc., importing or offering for assignment, e tc. any product to be used 
exclusively for the producing of the said product as a business;  
(ii) where a patent has been granted for an invention of a product, acts of producing, 
assigning, etc., importing or offering for assignment, etc. any product (excl uding 
those widely distributed within Japan) to be used for the producing of the said 
product and indispensable for the resolution of the problem by the said invention 
as a business, knowing that the said invention is a patented invention and the 
said pro duct is used for the working of the invention;  
(iii) where a patent has been granted for an invention of a product, acts of 
possessing the said product for the purpose of assigning, etc. or exporting it as a 
business;  
(iv) where a patent has been granted fo r an invention of a process, acts of producing, 
assigning, etc., importing or offering for assignment, etc. any product to be used 
exclusively for the use of the said process as a business; and  
(v) where a patent has been granted for an invention of a proc ess, acts of producing, 
assigning, etc., importing or offering for assignment, etc. any product (excluding 
those widely distributed within Japan) to be used for the use of the said process 
and indispensable for the resolution of the problem by the said inv ention, 
knowing that the said invention is a patented invention and the said product is 
used for the working of the invention as a business;  
(vi) where a patent has been granted for an invention of a process of producing a 
product, acts of possessing the p roduct produced by the said process for the 
purpose of assigning, etc. or exporting it as a business.  
 
(Presumption of Amount of Damage, etc.)  
Article 102  (1) Where a patentee or an exclusive licensee claims against an 
infringer compensation for damage sustained as a result of the intentional or 64 negligent infringement of the patent right or exclusive license, and the infringer 
assigned articles that composed the act of infringement, the amount of damage 
sustained by the patentee or the exclusive licensee may be presumed to be the 
amount of profit per unit of articles which would have been sold by the patentee 
or the exclusive licensee if there ha d been no such act of infringement, multiplied 
by the quantity (hereinafter referred to in this paragraph as the "assigned 
quantity") of articles assigned by the infringer, the maximum of which shall be the 
amount attainable by the patentee or the exclusiv e licensee in light of the 
capability of the patentee or the exclusive licensee to work such articles; provided, 
however, that if any circumstances exist under which the patentee or the exclusive 
licensee would have been unable to sell the assigned quantit y in whole or in part, 
the amount calculated as the number of articles not able to be sold due to such 
circumstances shall be deducted.  
(2) Where a patentee or an exclusive licensee claims against an infringer 
compensation for damage sustained as a result of the intentional or negligent 
infringement of the patent right or exclusive license, and the infringer earned 
profits from the act of infringement, the amount of profits earned by the infringer 
shall be presumed to be the amount of damage sustained by th e patentee or 
exclusive licensee.  
(3) A patentee or an exclusive licensee may claim against an infringer compensation 
for damage sustained as a result of the intentional or negligent infringement of 
the patent right or exclusive license, by regarding the a mount the patentee or 
exclusive licensee would have been entitled to receive for the working of the 
patented invention as the amount of damage sustained.  
(4) The preceding paragraphs shall not prevent any relevant party from claiming 
compensation for damag e in an amount exceeding the amount provided for therein. 
In such a case, where the infringer committed the infringement of the patent right 
or exclusive license without intent or gross negligence, the court may take these 
circumstances into consideration in determining the amount of damages.  
 
(Presumption of negligence)  
Article 103  An infringer of a patent right or exclusive license of another person is 
presumed negligent in the commission of the said act of infringement.  
 
(Presumption of (patented) produ cing process)  
Article 104  Where the invention of a process of producing a product has been 65 patented and the product was not publicly known in Japan prior to the filing of 
the patent application, a product identical with such product shall be presumed to 
have been produced by the patented process.  
 
(Obligation to clarify the specific conditions (of infringement))  
Article 104 -2  In litigation concerning the infringement of a patent right or an 
exclusive license, in order to deny the specific conditions of an  article or process 
that a patentee or an exclusive licensee claims as one that composed an act of 
infringement, the adverse party shall clarify the specific conditions of his/her act; 
provided, however, that this shall not apply where there exist reasonab le grounds 
preventing the adverse party from so doing.  
 
(Restriction on exercise of rights of patentee, etc.)  
Article 104 -3  (1) Where, in litigation concerning the infringement of a patent right 
or an exclusive license, the said patent is recognized as on e that should be 
invalidated by a n invalidation trial or the registration of extension of duration of 
the said patent right is recognized as one that should be invalidated by a trial for 
invalidation of the registration of extension, the rights of the pate ntee or exclusive 
licensee may not be exercised against the adverse party.  
(2) Where the court considers that the materials used for an allegation or defense 
under the preceding paragraph are submitted for the purpose of unreasonably 
delaying the proceedin gs, the court may, upon a motion or ex officio, render a 
ruling to the effect that the allegation or the defense is to be dismissed.  
 (3) Article 1 23(2) shall not preclude any person other than a person who  may file a 
request for invalidation trial  on the said patented invention from submitting a 
method of allegation or defense as provided in paragraph (1).  
 
(Limitation to assertion)  
Article 104 -4  (1) Where the following  ruling  or trial decision has become final and 
binding after a final judgment on a litigation pertaining to an infringement of a 
patent right or an exclusive license or to a claim of compensation as provided in 
Article 65(1) or Article 184 -10(1) has become final and  binding, a person who was 
a party in the said litigation may not claim the fact that the said ruling or the said 
trial decision has become final and binding in an appeal for retrial against the said 
final judgment (including appeals for the purpose of the  claim of compensation for 
damage against an obligee of a case of provisional seizure order in which the said 66 litigation is the case and appeals for the purpose of the claim of the compensation 
for damage and the return for unjust enrichment against an obl igee of the case of 
provisional disposition order in which the said litigation is the case) : 
(i) a ruling to the effect that the said patent is to be revoked or a trial decision to 
the effect that the said patent is to be invalidated;  
(ii) a trial decision  to the effect that the registration of extension of the duration of 
the said patent is to be invalidated;  
(iii) a ruling  or a trial decision as provided by Cabinet Order to the effect that the 
description, scope of claims or drawings attached the application for the said 
patent is to be corrected.  
 
(Production of documents, etc.)  
Article 105  (1) In litigation concerning the i nfringement of a patent right or 
exclusive license, the court may, upon a motion of a party, order the other party to 
produce documents that are required to prove the said act of infringement or to 
calculate the damage arising from the said act of infringe ment; provided, however, 
that this shall not apply where there are reasonable grounds for the person 
possessing the documents to refuse production of the said documents.  
(2) When the court finds it necessary for determining whether or not there are 
reasona ble grounds as provided in the proviso to the preceding paragraph, the 
court may cause the person possessing the documents to present such documents. 
In such a case, no person ma y request the disclosure of the documents presented.  
(3) In the case of the pr eceding paragraph, where the court finds it necessary to hear 
opinions by disclosing the documents as provided in the latter sentence of the 
preceding paragraph to make a decision concerning  the existence of  reasonable 
grounds as provided in the  proviso to  paragraph  (1), the court may disclose the 
documents to the parties, etc. (the parties (or, in the case of juridical persons, their 
representatives), their representatives (excluding attorneys and assistant), 
employees and other workers, th e same shall app ly hereinafter), attorneys or 
assistant.  
(4) The preceding three  paragraphs shall apply mutatis mutandis to the presenta tion 
of the subject -matter of the inspection that is required to prove the act of 
infringement in litigation concerning the infringement  of a patent right or 
exclusive license.  
 
(Expert opinion for calculation of damages)  67 Article 105 -2  In litigation concerning the infringement of a patent right or 
exclusive license, where, upon the motion of a party, the court orders that an 
expert opinio n be obtained for the calculation of damage arising from the act of 
infringement, the other party shall explain to the expert witness the matters 
necessary for the expert witness's expert opinion.  
 
(Determination of reasonable damages)  
Article 105 -3  In litigation concerning the infringement of a patent right or 
exclusive license, where the court has determined that damage actually arose and 
where it is extremely difficult for the court, due to the nature of the facts, to prove 
the facts necessary to dete rmine the amount of damage, the court may determine 
a reasonable amount of damage based on the entire import of oral argument and 
the result of the examination of evidence.  
 
(Protective order)  
Article 105 -4  (1) In litigation concerning the infringement of  a patent right or 
exclusive license, where there is prima -facie evidence of the fact that trade secrets 
(refers to trade secrets as provided in Article 2(6) of the Unfair Competition 
Prevention Act (Act No. 47 of 1993), the same shall apply hereinafter) p ossessed 
by a party satisfy all of the following paragraphs, the court may, upon a motion of 
the party, order by a ruling that the parties, etc., attorneys or assistants shall 
neither use the trade secrets for any purpose other than those for the proceedin gs 
of the litigation nor disclose the trade secrets to any person other than those who 
receive the order regarding the trade secrets under this provision; provided, 
however, that this shall not apply where the parties, etc., attorneys or assistants 
have, p rior to the filing of the motion, already obtained or been in the possession 
of the trade secrets by a method other than by reading of the briefs under item (i) 
or through the examination or disclosure of evidence under the said item:  
(i) where the trade s ecrets possessed by the party were or are contained in the 
briefs already submitted or to be submitted or such trade secrets were or are 
contained in the evidence already examined or to be examined (including 
documents disclosed under Article 105(3) and un der Article 105 -7(4)); and  
(ii) where it is necessary to restrict the use or the disclosure of the trade secrets 
under the preceding paragraph to prevent any possible interference with the 
party's business activities based on the trade secrets, that might arise if the 
trade secrets are us ed for any purpose other than those for the proceedings of 68 the litigation or if the said trade secrets are disclosed.  
(2) A motion requesting the order under the preceding paragraph (hereinafter 
referred to as a "protective  order") shall be made in writing specifying the following 
matters:  
(i) the person(s) to whom the protective order is to be issued;  
(ii) the facts that clearly identify the trade secrets to be protected by the protective 
order; and  
(iii) the facts correspo nding to the reasons each of the items in the preceding 
paragraph is applicable.  
(3) Where the protective order is issued, a written ruling thereof shall be served to 
the person(s) to whom the protective order is issued.  
(4) The protective order shall take  effect as of the date the written ruling is served 
to the person(s) to whom the protective order is issued.  
(5) The decision dismissing a motion requesting the protective order shall be subject 
to immediate appeal.  
 
(Rescission of protective order)  
Articl e 105 -5  (1) A person(s) who has filed a motion requesting a protective order 
or to whom a protective order is issued may file a motion with the court where the 
record of a case(s) is maintained (or, in the case of no such court maintaining the 
record of a  case(s), the court issuing the protective order), requesting the rescission 
of the protective order on the ground that the requirements as provided in Article 
105-4(1) are not met or are no longer met.  
(2) Where a decision on a motion requesting the resci ssion of a protective order is 
rendered, a written ruling thereof shall be served to the person who filed the 
motion and t he adverse party in the case.  
(3) The decision on a motion requesting the rescission of a protective order shall be 
subject to immedia te appeal.  
(4) A decision to the effect that a protective order is to be rescinded shall have no 
effect unless the decision becomes final and binding.  
(5) Where a decision to the effect that a protective order is to be rescinded is rendered, 
the court shal l immediately notify the person(s) who, in the litigation in which the 
said protective order was issued, received the protective order pertaining to the 
trade secrets who are neither the person filing the motion requesting the rescission 
of the protective order nor the adverse party, if any, of the fact that the decision to 
the effect that the protective order is to be rescinded was rendered.  69  
(Notice, etc. of a request inspection of record, etc)  
Article 105 -6  (1) Where a ruling under Article 92(1) of the Code of Civil Procedure 
was rendered concerning the record of litigation in which a protective order was 
issued (excluding litigation in which all protective orders have been rescinded), 
where a party to whom the protective order was not issued in the liti gation 
requests inspection etc. of a part of the record in which the confidential 
information is contained, etc under the said Article., immediately after the filing 
of the request, the court clerk shall notify the party who filed the motion 
(restricting a ccess to the record) under the said Article (excluding the person who 
filed the request, the same in paragraph (3)) of the fact that the said request has 
been filed.  
(2) In the case of the preceding paragraph, the court clerk shall not allow the person 
who filed the request to inspect etc. the part in which confidential information is 
contained under Article 92(1) of the Code of Civil Procedure before a lapse of two 
weeks from the date of filing of the said request (or, where a motion requesting a 
protectiv e order is filed prior to the day in which two weeks have lapsed, against 
the person who filed the request, before the decision on the motion becomes final 
and binding).  
(3) The preceding two paragraphs shall not apply where the consent of all the parties 
who filed a motion under Article 92(1) of the Code of Civil Procedure is obtained, 
allowing the person who filed a request under paragraph (1) to inspect etc. the part 
in which confidential information is contained.  
 
(Ban on open examination of parties, et c.) 
Article 105 -7  (1) When a party, etc., to litigation concerning the infringement of a 
patent right or exclusive license is to be examined as a party to the litigation, as 
its statutory representative or as a witness, with regard to matters that will be  a 
basis for the determination of the existence or non -existence of the said 
infringement, and such matters are trade secrets possessed by a party, the court 
may, by a ruling, elect to hold closed examinations of such matters where the court, 
upon the unan imous consent of all judges, finds that the parties, etc. will be unable 
to make sufficient statements regarding the matters due to the obvious fact that 
making statements regarding the matters at an open examination will 
significantly interfere with the b usiness activities of the party based on such trade 
secrets and that, without such statements, a proper decision on the fact of the 70 existence or non -existence of the infringement of a patent right or exclusive license 
that ought to be made based on the sai d matters may not be made based solely on 
other evidence.  
(2) The court shall, in rendering the ruling as provided in the preceding paragraph, 
hear the opinions of the parties, etc. in advance.  
(3) In the case of the preceding paragraph, where necessary, t he court may cause the 
parties, etc., to present a document stating the gist of the matters to be stated. In 
such a case, no person may request the disclosure of the document presented.  
(4) When the court finds it necessary to hear opinions by disclosing t he document as 
provided in the latter sentence of the preceding paragraph, the court may disclose 
the document to the parties, etc., their attorneys or assistants.  
(5) Where the examination on certain matters is to be closed under paragraph (1), 
the court shall declare such fact and reasons therefor prior to requiring the public 
to leave the court. Upon completion of the examination on the said matters, the 
court shall allow the public to re -enter the court.  
 
(Measures to restore credibility)  
Article 106  The court may, upon the request of a patentee or exclusive licensee, 
order the person(s) who harmed the business credibility of the patentee or 
exclusive licensee by intentionally or negligently infringing upon the patent right 
or exclusive license to take  measures necessary to restore the business credibility 
of the patentee or exclusive licensee in lieu of or in addition to compensation for 
damages.  
 
Section 3 Patent Fees  
 
(Patent fees)  
Article 107  (1) A person obtaining the registration establishing a p atent right, or a 
patentee, shall pay as patent fees the amount specified in the right -hand column 
of the following table, corresponding to the relevant period in the left -hand column, 
for each patent registration and for each year from the date of the reg istration 
establishing the patent right to the expiration of the duration as provided in 
Article 67(1), (and, where the said duration is extended by Article 67(2), for such 
additional period):  
 
 
Period within term   
Amount  71  
First to third year Annually   
2,100 yen plus 200 yen per claim  
 
Fourth to sixth year Annually   
6,400 yen plus 500 yen per claim  
 
Seventh to ninth year Annually   
19,300 yen plus 1, 500 yen per claim  
 
Tenth to twenty -fifth year Annually   
55,400 yen plus 4, 300 yen per claim  
 
(2) The preceding paragraph shall not apply to patent rights belonging to the State.  
(3) Notwithstanding the provisions of paragraph (1), where a patent right is jointly 
owned by persons including the State and/or a person entitled to receive a 
reduction of the pa tent fees or exemption therefrom under Article 109  or Article 
109-2 or the provisions of any other laws or ordinances (hereinafter referred to as 
a "reduction/exemption" in this paragraph), and the portion of their respective 
shares of the said patent righ t has been agreed, the patent fees payable under 
paragraph (1) shall be determined as the sum of the amounts calculated for each 
person other than the State jointly owning the patent right by multiplying the 
applicable patent fees as provided in paragraph (1) (in the case of a person 
receiving a reduction/exemption, the amount after the said reduction/exemption) 
by the ratio of the share of each person other than the State jointly owning the 
patent right, and, the persons other than the State shall pay such  sum.  
(4) For the amount of patent fees calculated under the preceding paragraph, 
fractional figures of less than ten yen shall be discarded.  
(5) The payment of patent fees under paragraph (1) shall be made by patent revenue 
stamps as provided by Ordinance  of the Ministry of Economy, Trade and Industry; 
provided, however, that where so provided by Ordinance of the Ministry of 
Economy, Trade and Industry, a cash payment thereof shall be accepted.  
 
(Time limit for payment of patent fees)  
Article 108  (1) The patent fees for each year from the first to the third year under 
Article 107(1) shall be paid in a lump sum within 30 days from the date on which 
a certified copy of the examiner's decision or the trial decision to the effect that the 
patent is to be grant ed has been served.  
(2) The patent fees for each year from the fourth and subsequent years under Article 
107(1) shall be paid by the end of the previous year; provided, however, that where 
the date on which a certified copy of the examiner's decision or th e trial decision 
to the effect that the extension of the duration of the patent right is to be registered 72 is served (hereinafter referred to in this paragraph as the "certified copy service 
date") is on or after the thirtieth day before the end of the year  in which the 
duration of the patent right would have expired if the said extension of duration 
had not been registered, the patent fees for each year from the year following that 
year to the year in which the certified copy service date falls (or, in the case where 
a period from the certified copy service date to the last day of the year in which 
the certified copy service date falls is shorter than 30 days, the year following the 
year in which the certified copy service date falls) shall be paid in a lump  sum 
within 30 days from the certified copy service date.  
(3) The Commissioner of the Patent Office may, upon a request by a person by whom 
the patent fees are to be paid, extend the time limit under paragraph (1) by a 
period not exceeding 30 days.  
(4) Whe re, due to reasons beyond the control of a person  who pays patent fees, the 
person  is unable to pay the patent fees  within the time limit (where the time limit 
has been extended under the preceding paragraph, the time limit after extended) 
as provided in paragraph  (1), the person may, notwithstanding paragraph  (1), pay 
the patent fees  within 14 days (where overseas resident, within two months) from 
the date on which the reasons ceased to be applicable, but not later than six 
months following the expiration  of the said time limit.  
 
(Reduction, exemption or deferment of patent fees)  
Article 109  Where the Commissioner of the Patent Office recognizes that a person 
who receives the registration of establishment of a patent right or a patentee, who 
meets the req uirements of Cabinet Order to be recognized as a person with 
insufficient funds, has difficulties paying the patent fees, the Commissioner of the 
Patent Office may, pursuant to the provisions of Cabinet Order, grant the person 
a reduction of, exemption fro m or deferment of the payment of the patent fees for 
each year from the first to the tenth year under Article 107(1):  
 
Article 109 -2 (1) The C ommissioner of the Patent O ffice may, pursuant to the 
provisions of Cabinet Order, grant a person obtaining the re gistration establishing 
a patent right  or a patentee  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 technology development , and 
degree of contribution to the development of industry, such as a small and medium -
sized enterprise  operator  and an experiment and research  institut e, etc., a 73 reduction of, exemption from , or deferment of the payment of the patent fees for 
each year from the first to the tenth year s under Article 107(1) . 
(2) The term "small and medium -sized enterprise operator" as used in the preceding 
paragraph means a person that falls under any of the following items:  
(i) a company having an amount of stated capital or total amount of capital 
contributions of not more than 300 million yen or a company or individual hiring 
not more than 300 full -time employees, where the principal business thereof is 
manufacturing, construction , transportation or any other type of business 
(excluding the types of business listed in the following  item to item (iv) and the 
type of business specified by Cabinet Order under item (v)) ; 
(ii) a company having an amount of stated capital or total amount of capital 
contributions of not more than 100 million yen or a company or individual hiring 
not more than 100 full -time employees, where the principal business thereof is 
wholesale busines s (excluding the type of business specified by Cabinet Order 
under item (v));  
(iii) a company having an amount of stated capital or total amount of capital 
contributions of not more than 50 million yen or a company or individual hiring 
not more than 100 fu ll-time employees, where the principal business thereof is 
service business (excluding the type of business specified by Cabinet Order under 
item (v));  
(iv) a company having an amount of stated capital or total amount of capital 
contributions of not more t han 50 million yen or a company or individual hiring 
not more than 50 full -time employees, where the principal business thereof is 
retail business (excluding the type of business specified by Cabinet Order under 
item (v));  
(v) a company having an amount of  stated capital or total amount of capital 
contributions which  does not exceed  the amount specified by Cabinet Order for 
each type of business or a company or individual hiring a number of full -time 
employees which does not exceed the number specified by Cabinet Order for each 
type of business, where the principal business thereof is a business that falls under 
the type of business specified by Cabinet Order;  
(vi) an enterprise cooperative;  
(vii) a cooperative partnership;  
(viii) a n association incorporate d under special laws and a federation of such 
associations, such as a business cooperative, small business cooperative, 
commercial and industrial partnership , and federation of cooperatives; and  74 (ix) a corporation engaging in specified non -profit activitie s (meaning a corporation 
engaging in specified non -profit activities provided in Article 2(2) of the Act on 
Promotion of Specified Non -profit Activities  (Act No. 7 of 1998), which  hires not 
more than 300 full -time employees (or not more than 50 full -time e mployees in the 
case of a corporation engaging in the retail business as the principal business; or 
not more than 100 full -time employees in the case of a corporation engaging in the 
wholesale business or service business as the principal business).  
(3) Th e term " experiment and research institut e, etc." as used in paragraph (1) 
means a person that falls under any of the following items:  
(i) an employee of a university provided in Article 1 of the School Education Act (Act 
No. 26 of 1947) ( hereinafter  referr ed to as a "university" in the following item), 
such as the president, a vice president, a dean, a professor, an associate professor, 
an assistant professor, a lecturer  or an assistant, who exclusively engages in 
research, an employee of a college of techn ology provided in the said Article 
(referred to as a "college of technology" in the following item and item (iv)), such 
as the principal, a professor, an associate professor, an assistant professor, a 
lecturer or an assistant , who exclusively engages in research , or the head or an 
employee of an inter -university research institute provided in Article 2(3) of the 
National University Corporation Act  (Act No. 112 of 2003) (referred to as an "inter -
university research  institute" in the following item), who excl usively engages in 
research;  
(ii) a person that establishes  a university or college of technology, or an inter -
university research  institute;  
(iii) an approved TLO provided in Article 5(2) of the Act to Facilitate Technology 
Transfer from Universities to t he Private Sector  (Act No. 52 of 1998);  
(iv) an incorporated administrative agency (meaning an incorporated administrative 
agency provided in Article 2(1) of the Act on General Rules for Incorporated 
Administrative Agencies  (Act No. 103 of 1999) ) that carries out experiment and 
research  activities  (referred to as an "experiment and research  incorporated 
administrative agency" in the following item), which is specified  by Cabinet Orde r 
as not  being  one that establishe s a college of technology;  
(v) a person that engages in the business wherein, with regard to research results 
related to technology  achieved at a an experiment and research  incorporated 
administrative agency that is specified by Cabinet Order (hereinafter referred to 
as a "specified exp eriment and research  incorporated administrative agency" in 
this item), the person acquires a patent right or right to obtain  a patent  through 75 assignment from the specified experiment and research  incorporated 
administrative agency relating to the research  results, and then transfer s the 
research results to a private business seeking to make use of them, by carrying out 
an act such as assigning, or granting an exclusive  license of, the patent right or a 
patent right obtained based on the right to obtain a p atent;  
(vi) a public experiment and research institute (meaning an organization such as a 
laboratory and research institute established by a local government  (excluding a 
public school provided in Article 2(2) of the School Education Act), which carries 
out experiment and research  activities; and  
(vii) an experiment and research local incorporated administrative agency (meaning 
a local incorporated administrative  agency (meaning a local administrative 
incorporated agency provided in Article 2(1) of the Loca l Incorporated 
Administrative Agency Act (Act No. 118 of 2003) ), which does not fall within the 
category of public university corporation provided in Article 68(1) of the said Act 
and which carries out experiment and research  activities ). 
 
(Payment  of patent fees by any person other than a person by whom the patent 
fees are to be paid ) 
Article 110  (1) An interested person and other person than a person by whom the 
patent fees are to be paid  may pay the patent fees even against the will of the 
perso n by whom the patent fees are to be paid.  
(2) The person who has paid the patent fees under the preceding paragraph may 
request the reimbursement of the expenses arising therefrom to the extent of the 
actual benefit obtained by the person by whom the patent fees were to be paid.  
 
(Refund of patent fees)  
Article 111  (1) The following patent fees shall be refunded upon the request of the 
person that paid them:  
(i) patent fees paid in error or in excess;  
(ii) patent fees for each year following the year in which a revocation decision 
under Article 114(2) or a trial decision to the effect that the patent is to be 
invalidated has become final and binding; and  
(iii) patent fees for the year following the year in which a trial decision to the effect 
that the registration of extension of the duration of a patent right is to be 
invalidated became final and binding, and subsequent years (limited to those for 
the year following the year in which the duration of a patent right would have 76 expired if the said extensi on of duration had not been registered, and subsequent 
years).  
(2) A request for refund of patent fees under the preceding paragraph may not be 
filed after one year from the date of payment in the case of patent fees under item 
(i) above, or after six mont hs from the date on which a revocation decision under 
Article 114(2) or a trial decision became final and binding in the case of patent fees 
under items (ii) and (iii) above.  
(3) Where, due to reasons beyond the control of a person who files a request for refund 
of patent fees, the person is unable to file the request within the time limit as 
provided in paragraph (1), the person may, notwithstanding the said paragraph, 
file the request within 14 days (where overseas resident, within two months) from 
the da te on which the reasons ceased to be applicable, but not later than six 
months following the expiration of the said time limit.  
 
(Late payment of patent fees)  
Article 112  (1) Where a patentee is unable to pay the patent fees within the time 
limit under Ar ticle 108(2) or the time limit for deferred payment under Article 109  
or Article 109 -2, the patentee may make a late payment of the patent fees after 
the expiration of the said time limit, but not later than 6 months following the 
expiration of the said time li mit. 
(2) The patentee who makes a late payment of the patent fees under the preceding 
paragraph shall pay, in addition to the patent fees to be paid under Article 107(1), 
a patent surcharge in the same amount as the patent fees.  
(3) The payment of t he patent surcharge under the preceding paragraph shall be 
made by patent revenue stamps as provided by Ordinance of the Ministry of 
Economy, Trade and Industry; provided, however, that where so provided by 
Ordinance of the Ministry of Economy, Trade and I ndustry, a cash payment 
thereof shall be accepted.  
(4) Where a patentee fails to pay, within the time limit for late payment of the patent 
fees under paragraph (1), the patent fees that were due and payable within the 
time limit as provided in the main cla use of Article 108(2) and the patent 
surcharge under paragraph (2), the patent right shall be deemed to have been 
extinguished retroactively upon expiration of the time limit as provided in the 
main clause of Article 108(2).  
(5) Where a patentee fails to p ay, within the time limit for late payment of the patent 
fees under paragraph (1), the patent fees as provided in the proviso to Article 77 108(2) and the surcharge under paragraph (2), the patent right shall be deemed to 
have been extinguished retroactively upon the lapse of the year in which the 
duration of the patent right would have expired if the said extension of the 
duration had not been registered.  
(6) Where a patentee fails to pay, within the time limit for late payment of the patent 
fees under paragr aph (1), the patent fees for which the deferment was granted 
under Article 109  or Article 109 -2 and the patent surcharge under paragraph (2), 
the patent right shall be deemed never to have existed.  
 
(Restoration of patent right by late payment of patent fees)  
Article 112 -2  (1) Where an original patentee of the patent right which was deemed 
to have been extinguished under Article 112(4) or 112(5), or which was deemed 
never to have existed under Article 112(6), has justifiable reasons for having been 
unabl e to pay the patent fees and the patent surcharge under paragraphs (4) to (6) 
of Article 112 within the time limit for late payment of the patent fees under 
Article 112(1), the original patentee may make a late payment of the patent fees 
and the surcharge only within the time limit as provided in Ordinance of the 
Ministry of Economy, Trade and Industry.  
(2) Where the patent fees and the surcharge are paid under the preceding paragraph, 
the patent right shall be deemed to have been maintained retroactively f rom the 
time of expiration of the time limit as provided in the main clause of Article 108(2) 
or the lapse of the year in which the day of the expiration of the duration of the 
patent right falls or existed from the beginning.  
 
(Restriction on effect of re stored pa tent right)  
Article 112 -3  (1) Where a patent right has been restored under paragraph (2) of the 
preceding Article, where the patent has been granted for the invention of a product, 
such patent right shall not be effective against the product whic h was imported 
into, produced or acquired within Japan after the lapse of the time limit during 
which the late payment of the patent fees is allowed under Article 112(1) but before 
the registration of the restoration of the patent right.  
(2) A restored pat ent right under paragraph (2) of the preceding Article shall not be 
effective against the following acts conducted after the lapse of the time limit 
during which the late payment of the patent fees is allowed under Article 112(1) 
but before the registratio n of the restoration of the patent right:  
(i) the working of the said invention;  78 (ii) where a patent has been granted for an invention of a product, producing, 
assigning, etc., importing or offering for assignment, etc. of any product to be 
used for produc ing of the said product; and  
(iii) where a patent has been granted for an invention of a product, possessing the 
said product for the purpose of assigning, etc. or exporting it;  
(iv) where a patent has been granted for an invention of a process, producing,  
assigning, etc., importing or offering for assignment, etc. of any product to be 
used for the use of the said process; and  
(v) where a patent has been granted for an invention of a process of producing a 
product, possessing the product produced by the sai d process for the purpose of 
assigning, etc. or exporting it.  
 
Chapter V Opposition to a granted patent (Article 113 to Article 120 -8) 
 
(Opposition to a granted patent ) 
Article 113  Any person may file to the Commissioner of the Patent Office an 
opposition  to a granted patent  on the ground that a patent falls under any of the 
following items. In the event  that a patent has two or more claims , an opposition  
to a granted patent may be filed for each claim.  
(i) where the patent has been granted on a patent application (excluding a foreign -
language -written -application) with an amendment that does not comply with 
the requirements as provided in Article 17 -2(3); 
(ii) where the patent has been granted in violation of Articles 25, 29, 29 -2, 32, or 
39(1) to 39(4);   
(iii) where the patent has been granted in violation of a treaty;  
(iv) where the patent has been granted on a patent application not complying with 
the requirements as provided in Article 36(4)(i) or 36(6) (excluding 36(6)(iv));  
and 
(v) where matters sta ted in the description, scope of claims or drawings attached 
to the foreign -language -written -application are not within the scope of matters 
stated in foreign -language -documents . 
 
(Ruling)  
Article 114  (1)  Proceedings and a ruling on an opposition  to a gra nted patent shall 
be conducted by a panel consisting of three or five administrative judge s. 
 79 (2) An administrative judge  shall make a ruling that a patent related to an opposition 
to a granted patent  is to be revoked (hereinafter, referred to as a "revocation 
decision") if the administrative judge  recognizes that the patent falls under any of 
items of the preceding Article.  
(3) Where a revocation decision has become final and binding, the patent right  shall 
be deemed never to have existed.  
(4) An administrative judge  shall make a ruling that a patent related to an opposition 
to a granted patent  is to be maintained if the administrative judge  does not 
recognize that the patent falls under any of items o f the preceding Article.  
(5) No appeal shall be available from the ruling under the preceding paragraph.  
 
(Formal requirements, etc. for filing)  
Article 115  (1) A person who files an opposition to a granted patent  shall submit to 
the Commissioner of the P atent Office a statement of opposition to a granted 
patent  stating the following matters:  
(i) the name, and domicile or residence of the patent opponent  and his/her 
representative ; 
(ii) the mark  of a patent related to an opposition to a granted patent ; and 
(iii) the identification of the grounds and the necessary evidence for an opposition 
to a granted patent . 
(2) An amendment of the statement of opposition to a granted patent  filed under the 
preceding paragraph shall not change the gist thereof; provided, however, that this 
shall not apply where the said amendment falls under any of the matters provided 
in item (iii) of the preceding paragraph and is made until an earlier date between 
the date on which the time limit under Article 113 expires and the date o n which 
a notice under Article 120 -5(1) is received.  
(3) The chief administrative judge  shall deliver a copy of the statement of opposition 
to a granted patent  to the patentee.  
(4) Article 123(4) shall apply mutatis mutandis to the case where an opposition  to a 
granted patent  is filed . 
 
(Designation of administrative judge s, etc. ) 
Article 116  Articles 136(2) and 137 to 144 shall apply mutatis mutandis to a panel 
and administrative judge s who are the members of the panel.  
 
(Trial clerk)  80 Article 1 17  (1) The Commissioner of the Patent Office shall designate the trial clerk 
for each case of an opposition to a granted patent . 
(2) Paragraphs (3) to (5) in Article 144 -2 shall apply mutatis mutandis to the trial 
clerk of the preceding paragraph.  
 
(Procedu re of Proceedings , etc. ) 
Article 118  (1) The proceedings with regard to an opposition to a granted patent  
shall be conducted by documentary proceedings.  
(2) Where there is a ground for suspension or termination of procedures of 
proceedings and a ruling on an opposition to a granted patent , on one of the 
patentees of a jointly owned patent right, the said suspension or termination shall 
have effect on all of the joint owners . 
 
(Intervention)  
Article 1 19  (1) A  person who has a right on a patent right and al l other persons 
with an interest in the patent right  may intervene in the proceedings on an 
opposition to a granted patent  to assist the patentee  until a ruling  on the motion 
is rendered . 
(2) Articles 148(4) and (5) and 149 shall apply mutatis mutandis to the intervenors 
under the preceding paragraph.  
 
(Examination and preservation of evidence ) 
Article 120  Articles 150 and 151 shall apply mutatis mutandis to the examination 
and preservation of evidence in the proceedings on an opposition to a granted 
patent . 
 
(Ex officio proceedings)  
Article 120 -2  (1) Any grounds not pleaded by the patentee or the patent opponent 
or the intervenor may be examined in proceedings on an opposition to a granted 
patent . 
(2) Any claim to which an opposition to a granted patent  is not filed may not be 
examined in the proceedings on an opposition to a granted patent . 
 
(Joint or separate conduct of motions ) 
Article 120 -3  (1) Where there are two or more motions of an opposition to a granted 
patent  related to the same patent right, the proceedings shall be jointly conducted 81 except for a case where special circumstances exist.  
(2) Proceedings that have been jointly conducted under the preceding paragraph may 
later be separately conducted.  
 
(Withdrawal of a motion ) 
Article 120 -4  (1) An opposition to a granted patent  may not be withdrawn, after the 
notice  under paragraph(1) of the next Article  has been given . 
(2) Article 155(3) shall apply mutatis mutandis to the withdrawal of an opposition to 
a granted patent . 
 
(Submission of a written opinion, etc.)  
Article 120 -5  (1) Where the chief administrative judge  intends to render a 
revocation decision, the chief administrative judge  shall notify the patentee and 
the intervenors of the reasons therefor and give them an opportunity to sub mit a 
written opinion, designating an adequate time limit for such purpose.  
(2) The patentee may file a request for a correction of the description, scope of claims 
or drawing(s) attached to the application only within the time limit designated in 
accordan ce with the preceding paragraph; provided, however, that such correction 
shall be limited to the following purposes:  
(i) restriction of the scope of claims;  
(ii) correction of errors in the description or of incorrect translations; and 
(iii) clarification of an ambiguous description ;  
(iv) correction of a statement of claims which cites other statement of claims to the 
statement which does not cite the said other statement of claims.  
(3) Where the scope of claims attached to the application covering two or more claims 
is corrected, a request for correction may be filed in the preceding paragraph for 
each claim ; provided, however, where an opposition to a granted patent  has been 
filed f or each claim, a request for correction shall be filed for each claim.  
(4) In the case of the preceding paragraph, where there is a group of claims which 
has the relationship in which the statement of one claim is cited by another claim 
or any other relati onship as provided by Ordinance of Ministry of the Economy, 
Trade and Industry  (hereinafter referred to as "group of claims") , in the said claims, 
the said request shall be filed for each group of claims.  
(5) Where a request for correction has been filed under paragraph (2) within a time 
limit designated under paragraph (1), the chief administrative judge  shall serve to 
the patent opponent a copy of a document stating the reasons for revoking a patent 82 notif ied under paragraph (1) and the written request for correction as well as the 
corrected description, scope of claims or drawings attached to the request and give 
the said applicant an opportunity to submit a written opinion, designating an 
adequate time li mit for such purpose; provided, however, this shall not apply 
where the opponent offers not to submit a written opinion or special circumstances 
exist under which it is recognized that giving an opportunity to the opponent  to 
submit a written opinion  is no t required.  
(6) Where a request for correction under paragraph (2)  does not correspond to one of 
the purposes provided in the proviso to the said paragraph  or does not comply with 
paragraphs (5) to (7) of Article 126  to be applied mutatis mutandis in  parag raph 
(9), the chief administrative judge  shall notify the patent ee and interven ors of the 
reasons therefore and give them  an opportunity to submit an written opinion, 
designating an adequate time limit.  
(7) Where a request for correction under paragraph ( 2) is made, if another request 
for correction has been previously made in the said case of  an opposition to a 
granted patent , such previous request shall be deemed to have been withdrawn.  
(8) The request for correction in paragraph (2) may be withdrawn only  within the 
time limit during which the amendment under Article 17 -5(1) may be made with 
regard to the corrected description, scope of claims or drawings attached to the 
written request for correction in the said paragraph. In this case, where request s 
for correction in paragraph (2)  have been filed for each claim or each group of 
claims under paragraph ( 3) or ( 4), all those requests shall be withdrawn.  
(9) Articles 126(4) to ( 7), 127, 128, 131(1), (3) and (4), 131 -2(1), 132(3) and (4), and 
133(1), (3) and (4) shall apply mutatis mutandis to the case of paragraph ( 2). In 
this case, the term "item (i) or (ii) of the proviso to paragraph (1)" in Article 126(7) 
shall be deemed to be replaced with "item (i) or (ii) of the proviso to paragraph (1) 
pertaining to a  claim or claims for which a n opposition to a granted patent  is not 
filed."  
 
(Formal requirements of ruling ) 
Article 1 20-6  (1) A ruling on motion of an opposition to a granted patent  shall be 
rendered in writing stating the following matters:  
(i) the number of a case of an opposition to a granted patent ; 
(ii) the name, and domicile or residence of each of the patentee, the patent 
opponent, intervenor(s) and their representatives;  
(iii) the mark  of the patent related to the ruling ; 83 (iv) the conc lusion of and reasons for the ruling ; and  
(v) the date of the ruling . 
 
(3) Where a ruling  has been rendered, the Commissioner of the Patent Office shall 
serve a certified copy of the ruling  to the patentee , the patent opponent, 
intervenor(s) and person who se application for intervention has been refused.  
 
(Scope of final and binding ruling ) 
Article 1 20-7  Ruling on an opposition to a granted patent  shall become final and 
binding for each case of an opposition to a granted patent ; provided, however, that, 
in the cases listed in the following items, ruling  shall become final and binding as 
provided in the corresponding item:  
(i) where a n opposition to a granted patent  has been filed for each claim and a 
request for correction has been filed under Article 1 20-5(2) for each group of 
claims: for the said group of claims;  and 
(ii) where a n opposition to a granted patent  has been filed for each claim and a 
case other than those listed in the preceding item: for the said claim  
 
(Application mutatis mutandis of provisions regarding trial, etc.)  
Article 1 20-8  (1) Articles 13 3, 133-2, 13 4(4), 13 5, 152, 168, 169(3) to (6), and 170 
shall apply mutatis mutandis to proceedings and a ruling on an opposition to a 
granted patent  
(2) Article  114-5 shall apply mutatis mutandis to a  ruling under Article 135 as 
applied mutatis mutandis under  the preceding paragraph.  
 
Chapter VI Trials and Appeals  (Article 121 to Article 170)  
 
(Appeals against examiner's decision of refusal)  
Article 121  (1) A person who has received an ex aminer's decision to the effect that 
an application is to be refused and is dissatisfied may file appeals against the 
examiner's decision of refusal within three months from the date the certified copy 
of the examiner's decision ha s been served.  
(2) Where,  due to reasons beyond the control of the person, the said person is unable 
to file appeals against the examiner's decision of refusal within the time limit as 
provided in the preceding paragraph, the said person may, notwithstanding the 
said paragraph, fi le the request within 14 days (where overseas resident, within 84 two months) from the date on which the reasons ceased to be applicable, but no t 
later than six months following the expiration of the said time limit.  
 
Article 122  Del eted 
 
(Invalidation Trial ) 
Article 123  (1) Where a patent falls under any of the following, a request for  
invalidation  trial may be filed. In the event of two or more claims, a request for 
invalidation trial may be filed for each claim.  
(i) where the patent has been granted on a patent application (excluding a foreign -
language -written -application) with an amendment that does not comply with 
the requirements as provided in Article 17 -2(3); 
(ii) where the patent has been granted in violation of Articles 25, 29, 29 -2, 32, 38 
or 39(1)  to 39(4); (where the patent has been obtained in violation of Article 38, 
excluding the case where the transfer of a patent right pertaining to the patent 
has been registered based on the request under Article 74(1));  
(iii) where the patent has been granted in violation of a treaty;  
(iv) where the patent has been granted on a patent application not complying with 
the requirements as provided in Article 36(4)(i) or 36(6) (excluding 36(6)(iv));  
(v) where matters stated in the description, scope of claim s or drawings attached 
to the foreign -language -written -application are not within the scope of matters 
stated in foreign -language -documents;  
(vi) where the patent has been granted on a patent application filed by a person 
who has not had the right to obtai n a patent for the said invention; (excluding 
the case where the transfer of a patent right pertaining to the patent has been 
registered based on the request under Article 74(1));  
(vii) where, after the grant of a patent, the patentee has become unable to hold a 
patent right under Article 25, or the patent has become in violation of a treaty; 
and 
(viii) where the correction of the description, scope of claims or drawings attached 
to the application for the patent has been obtained in violation of the provis o to 
Article 126(1), Article 126(5) to (7) (including its application mutatis mutandis 
under Article 1 20-5(9) or Article 134 -2(9)), the proviso to Article 1 20-5(2) or the 
proviso to Article 134 -2(1). 
(2) A request for invalidation trial may be filed only by an interested person (in a 
case where a request for invalidation trial is filed on the ground that the patent 85 falls under item (ii) of the preceding paragraph (limited to cases where the patent 
is obtained in violation of Article 38) or item (vi) of the said paragraph; a person 
who has the right to obtain the patent).  
(3) A request for invalidation  trial may be filed even after the lapse of the patent 
right.  
(4) Where a request for invalidation  trial has been filed, the chief administrative 
judge  shall notify the exclusive licensee of the patent right and other persons who 
have any registered rights relating to the patent.  
 
Article 124  Deleted  
 
Article 125  Where a trial decision to the effect that a  patent is to be invalidated has 
become final and binding, the patent right shall be deemed never to have existed; 
provided, however, that where a patent falls under Article 123(1)(vii) and where a 
trial decision to the effect that the patent is to be inva lidated has become final and 
binding, the patent shall be deemed not to have existed from the time the said item 
first became applicable to the patent.  
 
(Invalidation trial of a registration of extension of duration)  
Article 125 -2  (1) A request for invali dation  trial of the registration of extension of 
duration of a patent right may be filed if the registration of extension falls under 
any of the following:  
(i) where the registration of extension has been made for an application filed where 
the disposition  as provided in Cabinet Order under Article 67(2) for the working 
of the patented invention is not deemed to have been required;  
(ii) where the registration of extension has been made for an application filed 
where the patentee or an exclusive licensee or a non -exclusive licensee of the 
patent right did not receive the disposition as provided in Cabinet Order under 
Article 67(2);  
(iii) where the duration extended by the registration of extension exceeds the 
period during which the patented invention could b e worked;  
(iv) where the registration of extension has been made upon an application filed 
by a person who is not the said patentee; and  
(v) where the registration of extension has been made upon an application not 
complying with the requirements as provid ed in Article 67 -2(iv).  
(2) Request for invalidation trial of a registration of extension of duration may be 86 filed only by an interested person.  
(3) Paragraphs (3) to (4) of Article 123 shall apply mutatis mutandis to a request for 
invalidation  trial of the registration of extension of duration.  
(4) Where a trial decision to the effect that the registration of extension is to be 
invalidated has become final and binding, the extension of the duration by the said 
registration of extension shall be deeme d never to have been made; provided, 
however, that where the registration of extension falls under paragraph (1)(iii) and 
a trial decision to the effect that the registration of extension for the duration 
exceeding the period during which the patented inve ntion could be worked is to be 
invalidated has become final and binding, the extension for the said excess period 
shall be deemed not to have been made.  
 
(Correction  trial) 
Article 126  (1) The patentee may file a request for correction  trial with regard t o 
the correction of the description, scope of claims or drawings attached to the 
application; provided, however, that such correction shall be limited to the 
following:  
(i) restriction of the scope of claims;  
(ii) correction of errors or incorrect translat ions; and  
(iii) clarification of an ambiguous statement.  
(iv) correction of a statement of claims which cites other statement of claims to the 
statement which does not cite the said other statement of claims.  
(2) A request for correction  trial may not be filed from the time the relevant  
opposition to a granted patent  or invalidation  trial has become pending before the 
Patent Office to the time the ruling on the opposition  or the trial decision has 
become final and binding (all the rulings on t he opposition  or trial decisions in 
the case where a request has been filed for each claim).  
(3) Where the scope of claims attached to the application covering two or more claims 
is corrected, a request may be filed pursuant to paragraph (1) for each claim . In 
this case, where there is a group of claims, said request shall be filed for the said 
each group of claims.  
(4) Where the description or drawings attached to the application is corrected and a 
request is filed for each claim pursuant to paragraph (1),  the request shall be filed 
for all claims pertaining to the correction of the said description or drawings (in 
the case where a request under paragraph (1) is filed for each group of claims 
pursuant to the latter clause of the preceding paragraph, all gro ups of claims 87 including claims pertaining to the correction of the said description or drawings).  
(5) The correction of the description, scope of claims or drawings under paragraph 
(1) above shall remain within the scope of the matters disclosed in the des cription, 
scope of claims, or drawings attached to the application (in the case of correction 
for the purposes provided in item (ii) of the proviso to paragraph (1), the 
description, scope of claims and drawings originally attached to the application (in 
the case of a patent with regard to a foreign -language -written -application, foreign -
language -documents)).  
(6) The correction of the description, scope of claims or drawings under paragraph 
(1) shall not substantially enlarge or alter the scope of claims.  
(7) In the case of correction for any of the purposes as provided in item (i) or (ii) of 
the proviso to paragraph (1), an invention constituted by the matters described in 
the corrected scope of claims must be one which could have been patented 
independently  at the time of filing of the patent application.  
(8) A request for correction  trial may be filed even after the lapse of the patent right; 
provided, however, that this shall not apply after the patent has been revoked in 
revocation decision or invalidated  in invalidation  trial. 
 
Article 127  Where there is a non-exclusive licensee under Article 35(1), 77(4) or 
78(1), an exclusive licensee, or a pledgee, the patentee may file a request for a 
correction trial only with the consent of the said person.  
 
Article 128  Where a trial decision to the effect that the de scription, scope of claims 
or drawings attached to the application is to be corrected, has become final and 
binding, the filing of the patent application, the laying open of the patent 
applicatio n, the examiner's decision or the trial decision to the effect that the 
patent is to be granted, or the registration of the establishment of the patent right, 
shall be deemed to have been made based on the corrected description, scope of 
claims or drawings . 
 
Articles 129 and 130  Deleted  
 
(Formal requirements of appeal/request for trial)  
Article 131  (1) A person filing appeal/ request for trial shall submit a written 
request stating the following to the Commissioner of the Patent Office:  
(i) the name, and the domicile or residence of the party and the representative 88 thereof;  
(ii) the identification of the appeal/trial case; and  
(iii) object and statement of the claim.  
(2) When a request for invalidation trial is filed, the facts on which t he invalidation 
of the patent is based shall be specified in concrete terms, and the relationship of 
each fact that is required to be proved with the relevant evidence shall be stated 
in the grounds for the request as provided in item (iii) of the precedin g paragraph.  
(3) Where a request for correction trial is filed, the object and statement of the claim 
listed in paragraph (1) item (iii) shall be stated as provided by Ordinance of the 
Ministry of Economy, Trade and Industry.  
(4) Where a request for correc tion trial is filed, the corrected description, scope of 
claims or drawings shall be attached to the written request.  
 
(Amendment of appeal/ request for trial)  
Article 131 -2  (1) An amendment of the written request filed under paragraph (1) of 
the preceding  Article shall not change the gist thereof; provided, however, that 
this shall not apply where the said amendment falls under any of the following 
items : 
(i) where the amendment is made with respect to the ground for the request as 
provided in paragraph (1 ) item (iii) of the preceding Article in the course of filling 
a request for a trial other than invalidation  trial; 
(ii) where the amendment is made in the event that approval is granted by the 
chief administrative judge  under the following paragraph; and  
(iii) where an amendment is made with regard to a matter ordered, in the case 
where it is ordered to make the amendment with regard to the said written 
request pursuant to Article 133(1) (including cases where it is applied mutatis 
mutandis in Article 1 20-5(9) and Article 134 -2(9)).  
(2) In the course of filing a request for invalidation  trial, where an amendment of the 
grounds for the request as provided in paragraph (1), item (iii) of the preceding 
Article changes the gist thereof, the chief administrative  judge  may make a ruling 
approving such amendment if the chief administrative judge  recognizes that there 
is no possibility of unreasonable delay of the proceedings by such amendment and 
any of the following facts exists:  
(i) a request for correction under  Article 134 -2(1) has been filed in the said 
invalidation  trial and such request for correction has given rise to a need for 
amendment of the grounds for the request; and  89 (ii) other than the case as provided in the preceding paragraph there exist 
reasonabl e grounds for not stating the grounds for the request with regard to 
the amendment of the request at the time the request for trial was filed, and the 
demandee has agreed to such amendment.  
(3) The approval of the amendment as provided in the preceding par agraph may not 
be granted if the written amendment of proceedings with regard to the said 
amendment is submitted prior to the service of a copy of the written request under 
Article 134(1).  
(4) No appeal shall be available from a ruling under paragraph (2).  
 
(Joint trial)  
Article 132  (1) Where two or more persons file a request for invalidation trial or a 
trial for invalidation of the registration of extension of duration concerning the 
same patent right, the request may be filed jointly.  
(2) Where a reques t for trial is filed against patentees jointly owning a patent right, 
the demandees in the said request shall be all the joint owners of the said patent 
right.  
(3) Where appeal/request for trial is filed by a joint owner or owners of a patent right 
or a ri ght to obtain a patent, with regard to the right under joint ownership, all of 
the said joint owners shall jointly file the request.  
(4) Where there is a ground for suspension or termination of appeal/trial procedures 
on any of the demandants of appeal/req uest for trial under paragraph (1) or (3) or 
any of the demandees of appeal/request for trial under paragraph (2), the said 
suspension or termination shall have effect on all of the demandants or demandees.  
 
(Dismissal by ruling in the case of non-compliance with formal requirements)  
Article 133  (1) Where a written request does not comply with Article 131, the chief 
administrative judge  shall order the demandant to amend the written request, 
designating an adequate time limit.  
(2) Excluding the case as provided in the preceding paragraph, the chief 
administrative judge  may order the demandant to amend a procedure pertaining 
to the trial, designating an adequate time limit, in any of the following cases:  
(i) where the procedure d oes not comply with paragraphs (1) to (3) of Article 7 or 
Article 9;  
(ii) where the procedure does not comply with formal requirements as provided in 
this Act or an order thereunder; and  90 (iii) where the fees for a procedure payable under Articles 195(1) or  195(2) have 
not been paid;  
(3) The chief administrative judge  may dismiss the procedure by a ruling where a 
person ordered to make an amendment to a procedure pertaining to appeal/trial 
cases to make such amendment within the time limit designated under t he 
preceding two paragraphs or where such amendment is made in violation of Article 
131-2(1). 
(4) The ruling under the preceding paragraph shall be made in writing and state the 
grounds thereof.  
 
(Dismissal of unlawful procedures)  
Article 133 -2  (1) In the  procedures pertaining to appeal/trial case (excluding 
appeal/request for trial), the chief administrative judge  may, by a ruling, dismiss 
procedures that are unlawful and not amendable.  
(2) Where the chief administrative judge  intends to dismiss a procedu re under the 
preceding paragraph, he/she shall notify the person who undertook the procedures 
of the reasons therefor, and give the said person an opportunity to submit a 
statement of explanation, designating an adequate time limit.  
(3) The ruling under this paragraph (1) shall be in writing and state the grounds 
therefor.  
 
(Submission of a written answer, etc.)  
Article 134  (1) Where appeal/request for trial has been filed, the chief 
administrative judge  shall serve a copy of the written request to the d emandee and 
give the demandee an opportunity to submit a written answer, designating an 
adequate time limit.  
(2) When the chief administrative judge  approves the correction of the written 
request under Article 131 -2(2), the chief administrative judge  shall  serve a copy of 
the statement of the amendment of proceedings with regard to such amendment 
to the demandee, and shall give the demandee an opportunity to submit a written 
answer, designating an adequate time limit; provided, however, that this shall not 
apply where special circumstances exist under which it is recognized that giving 
an opportunity to the demandee to submit a written answer is not required.  
(3) Upon receipt thereof, the chief administrative judge  shall serve to the demandant 
a copy of the written answer under paragraph (1) or the main clause of the 
preceding paragraph.  91 (4) The chief administrative judge  may question the parties and the intervenors with 
regard to the appeal and trial.  
 
(Request for correction in invalidation trial)  
Article 1 34-2  (1) The demandee in invalidation  trial may file a request for a 
correction of the description, scope of claims or drawing(s) attached to the 
application only within the time limit designated in accordance with paragraph (1) 
or (2) of the preceding Ar ticle, the following Article,  Article 153(2) or Article 164 -
2(2); provided, however, that such correction shall be limited to the following 
purposes:  
(i) restriction of the scope of claims;  
(ii) correction of errors in the description or of incorrect tran slations; and  
(iii) clarification of an ambiguous description.  
(iv) correction of a statement of claims which cites other statement of claims to the 
statement which does not cite the said other statement of claims.  
(2) A request for correction in the prece ding paragraph may be filed for each claim 
in the case where the scope of claims attached to the application covering two or 
more claims is corrected; provided, however, that a request for correction in the 
said paragraph shall be filed for each claim in t he case where a request for 
invalidation trial has been filed for each claim.  
(3) In the case of the preceding paragraph, where there is a group of claims in the 
said claims, the said request shall be filed for each group of claims.  
(4) Upon receipt thereo f, the chief administrative judge  shall serve to the demandant 
a copy of the written request for correction as well as the corrected description, 
scope of claims or drawings attached to the request under paragraph (1) . 
(5) The administrative judge  may exam ine grounds that have not been pleaded by 
the party in the case or an intervenor in determining whether the request for 
correction under paragraph (1) is not for any of the purposes provided in the items 
of the proviso to the said paragraph, or does not co nform the provisions of 
paragraphs (5) to (7) of Article 126 that shall be applied mutatis mutandis upon 
reading the specified terms in accordance with paragraph (9). In such a case, 
where the request for correction on the above grounds is not approved of,  the chief 
administrative judge  shall notify the parties in the case and the intervenors of the 
result of the proceedings and shall give them an opportunity to state their opinions, 
designating an adequate time limit.  
(6) Where a request for correction und er paragraph (1) is made, if another request 92 for correction has been previously made in the said trial, such previous request 
shall be deemed to have been withdrawn.  
(7) The request for correction in paragraph (1) may be withdrawn only within the 
time limit during which the amendment under Article 17 -5(2) may be made with 
regard to the corrected description, scope of claims or drawings attached to the 
written request for correction in the said paragraph. In this case, where request s 
for correction have been filed for each claim or each group of claims pursuant to 
paragraph (2) or (3), all those requests shall be withdrawn.  
(8) Where a request for invalidation  trial has been withdrawn for each claim 
pursuant to Article 155(3), the request for correction in paragraph (1) shall be 
deemed to have been withdrawn for each claim, and where all requests pertaining 
to the trial case of the invalidation  trial have been withdr awn, all the requests for 
correction in the said paragraph pertaining to the said trial case shall be deemed 
to have been withdrawn.  
(9) Articles 126(4) to (8), 127, 128, 131(1), (3) and (4), 131 -2(1),132(3) and (4), and 
133(1), (3) and (4) shall apply mut atis mutandis to the case of paragraph (1). In 
this case, the term "item (i) or (ii) of the proviso to paragraph (1)" in Article 126(7) 
shall be deemed to be replaced with "item (i) or (ii) of the proviso to paragraph (1) 
pertaining to a claim or claims fo r which a request for invalidation  trial is not 
filed."  
 
(Request for correction where rescission judgment is rendered)  
Article 134 -3  Where a judgment rescinding a trial decision in a trial for patent 
invalidation (limited to a trial decision concluding t hat the request for a trial is 
groundless) under Article 181(1) has become final and binding, and following 
which proceedings are initiated under paragraph (2) of the said Article, the chief 
trial examiner may designate to the demandee an adequate time lim it for filing a 
request for correction of the description, scope of claim(s) or drawing(s) attached 
to the application, only if such motion is made by the demandee within one week 
from the date such judgment became final and binding.  
 
(Dismissal of inadequ ate appeal/request for trial by appeal/trial decision)  
Article 135  An unlawful appeal/request for trial, that is not amendable, may be 
dismissed by appeal/trial decision without giving the demandee an opportunity to 
submit a written answer.  
 93 (Panel system  for trial)  
Article 136  (1) A trial shall be conducted by a panel consisting of three or five 
administrative judge s. 
(2) A decision of the panel under the preceding paragraph shall be made by a 
majority vo te. 
(3) Qualifications of administrative judge s shall be as provided by Cabinet Order.  
 
(Designation of administrative judge s) 
Article 137  (1) The Commissioner of the Patent Office shall designate the 
administrative judge s constituting a panel under Artic le 136(1) for each 
appeal/trial (for appeal/trial that is to be examined by an examiner under Article 
162, limited to the case where a report is submitted under Article 164(3)).  
(2) Where any of the administrative judge s designated under the preceding 
paragraph is unable to participate in the appeal/trial , the Commissioner of the 
Patent Office shall terminate the designation and appoint another administrative 
judge  to fill the vacancy.  
 
(Exclusion of administrative judge s) 
Article 139  A administrative judge  shall be excluded from performing his/her 
duties in any of the following cases:  
(i) where the administrative judge  or his/her spouse or former spouse is or was a 
party in the case  or an intervenor or a patent opponent in the case;  
(iii) where the administ rative judge  is a guardian, a supervisor of a guardian, a 
curator, a supervisor of the curator, an assistant or a supervisor of the assistant 
of a party in the case or an intervenor  or a patent opponent  in the case;  
(iv) where the administrative judge  has become a witness or an expert witness in 
the case;  
(iv): (snip)  
(v) where the administrative judge  is or was a representative of a party in the case 
or an intervenor  or a patent opponent  in the case;  
(v) where the administrative judge  is or was a represent ative of a party in the case 
or an intervenor or a patent opponent in the case;  
(vi) where the administrative judge  was involved in the procedures relating to the 
examiner's decision who is being appealed in the case as the examiner; and  
(vii) where the administrative judge  has a direct interest in the case.  
 94 Article 140  Where there exists any ground for exclusion under Article 139, a party 
or an intervenor may file a motion requesting the exclusion.  
 
(Recusation to administrative judge ) 
Article 141  (1) Where there exists any circumstances of a n administrative judge  
that might hinder fair proceedings of the trial, a party or an intervenor may recuse 
the administrativ e judge . 
(2) A party or an intervenor may not recuse a n administrative judge  after making a 
written or oral statement to the administrative judge  with regard to the case; 
provided, however, that this shall not apply where the party or the intervenor was 
not aware of the ground of the recusation or the ground of the recusation occurred 
after mak ing such statement.  
 
(Formal requirements for a motion requesting exclusion or recusation)  
Article 142  (1) A person filing a motion requesting an exclusion or recusation shall 
submit a document to the Commissioner of the Patent Office stating the grounds 
therefor; provided, however, that in the case of oral proceedings such request may 
be made orally.  
(2) The grounds for the exclusion or recusation shall be showed of a prima facie 
within 3 days from the date the motion under the preceding paragraph has bee n 
filed. The same shall apply to the facts prescribed in the proviso to Article 141(2).  
 
(Ruling on motion requesting exclusion or recusation)  
Article 143  (1) Where a motion requesting an exclusion or recusation has been filed, 
administrative judge s who a re not the administrative judge  named in the motion 
shall render a ruling thereon through a trial; provided, however, that the 
administrative judge  named in the motion may present his opinion.  
(2) The ruling under the preceding paragraph shall be made in w riting and state the 
grounds therefor.  
(3) The ruling under paragraph (1) shall not be subject to appeal.  
 
Article 144  Where a motion requesting an exclusion or recusation has been filed, 
the trial procedures shall be suspended until a ruling on the motio n is rendered; 
provided, however, that this shall not apply to the case requiring urgent action.  
 
(Trial Clerk)  95 Article 144 -2  (1) The Commissioner of the Patent Office shall designate the trial 
clerk for each trial case (in the case of a trial case for wh ich a request is to be 
examined by the examiner in accordance with Article 162, limited to a trial case 
in which a report has been submitted under Article 164(3)).  
(2) Qualifications of trial clerks shall be as provided by Cabinet Order  
(3) Where the trial  clerk designated under paragraph (1) is unable to participate in 
the trial, the Commissioner of the Patent Office shall relieve the designated trial 
clerk and appoint another trial clerk.  
(4) The trial clerk shall undertake affairs relating to the prepara tion of the trial 
record and service for each trial case and, upon the order of the chief 
administrative judge , undertake any other affairs relating thereto.  
(5) Article 139 (excluding item (vi)) and 140 to 144 shall apply mutatis mutandis to 
the trial cle rk. In such a case, the trial clerk named in the motion requesting the 
exclusion or recusation may not participate in the trial with regard to the said 
exclusion or recusation.  
 
(Procedure of Proceedings)  
Article 145  (1) A n invalidation trial or a trial f or invalidation of the registration of 
extension of the duration of a patent shall be conducted by oral proceedings; 
provided, however, that the chief administrative judge  may, upon a motion by a 
party or intervenor in the case, or ex officio decide to con duct the trial by 
documentary proceedings.  
(2) Trials, excluding those as provided in the preceding paragraph, shall be 
conducted by documentary proceedings; provided, however, that the chief 
administrative judge  may, upon a motion by the party or ex offic io, decide to 
conduct the trial by oral proceedings.  
(3) Where a trial is conducted by oral proceedings under paragraph (1) or the proviso 
to the preceding paragraph, the chief administrative judge  shall designate the date 
and place thereof and summon the parties and the intervenor on the designated 
date.  
(4) Article 94 (Summon on the designated date) of the Code of Civil Procedure shall 
apply mutatis mutandis to a summon on the designated date as provided in the 
preceding paragraph.  
(5) The oral proceeding s under paragraph (1) or the proviso to paragraph (2) shall be 
conducted in public; provided, however, that this shall not apply where public 
order or morality is liable to be injured thereby.  96  
Article 146  Article 154 (attendance of interpreter, etc.) of the Code of Civil 
Procedure shall apply mutatis mutandis to a trial.  
 
(Trial Records)  
Article 147  (1) In oral proceedings under paragraph (1) or the proviso to paragraph 
(2) of Article 145, the trial clerk shall prepare a trial record stating the gist of the 
proceedings and all other necessary matters on each trial date.  
(2) When the trial clerk finds that an order received from the chief administrative 
judge  with regard to the preparation or amendment of the trial record under the 
preceding paragraph is inappropriate, the trial clerk may add his/her opinion.  
(3) Paragraphs (2) and (3) of Article 160(record of oral proceedings) shall apply 
mutatis mutandis to the trial record under paragraph (1).  
 
(Intervention)  
Article 148  (1) A person who may file a request for a trial under Article 132(1) may 
intervene in the trial as a demandant until the conclusion of the proceedings.  
(2) An intervenor under the preceding  paragraph may continue the trial procedures 
even after the withdrawal of the request for a trial by the original party.  
(3) A person with an interest in the result of the trial may intervene in the trial to 
assist one of the original parties until the con clusion of the proceedings.  
 (4) The intervenor under the preceding paragraph may undertake all tri al 
procedures.  
(5) Where there is a ground for interruption or suspension of trial procedures on 
behalf of the intervenor under paragraph (1) or (3), the sai d interruption or 
suspension shall have effect on the original parties.  
 
Article 149  (1) A person applying to intervene shall submit an application for 
intervention to the chief administrative judge . 
(2) Where an application for intervention is submitted,  the chief administrative 
judge  shall serve a copy of the application for intervention to the original parties 
and intervenor(s) and give such persons an opportunity to present opinions, 
designating an adequate time limit.  
(3) Where an application for inte rvention is filed, the administrative judge  of the 
trial in which the applicant intends to intervene shall render a ruling through a 
trial.  97 (4) The ruling under the preceding paragraph shall be made in writing and state the 
grounds therefor.  
(5) The ruling  under paragraph (3) shall not be subject to appeal  
 
(Examination and preservation of evidence)  
Article 150  (1) Evidence may be examined in a trial, upon a motion by a party or 
an intervenor, or ex officio.  
(2) Evidence may be preserved in a trial, upon a  motion by an interested person prior 
to the filing of a request for a trial, or by a party to or an intervenor in the trial, or 
ex officio when the trial is pending.  
(3) A motion prior to the filing of a request for a trial under the preceding paragraph 
shall be filed to the Commissioner of the Patent Office.  
(4) Where a motion has been filed prior to the filing of a petition for a trial under 
paragraph (2), the Commissioner of the Patent Office shall designate the 
administrative judge  and the trial clerk who shall be in charge of preservation of 
evidence.  
(5) Where evidence has been, ex officio, examined or preserved under paragraph (1) 
or (2), the chief administrative judge  shall notify the parties and intervenor(s) of 
the result thereof and give such per sons an opportunity to present opinions, 
designating an adequate time limit.  
(6) The examination or preservation of evidence under paragraph (1) or (2) may be 
entrusted to a district court or summary court having jurisdiction over the matter.  
 
Article 151  Article 147 of this Act and Articles 93(1) (designation of date), 94 
(summons on designated date),  179 to 181, 183 to 186, 188, 190, 191, 195 to 198, 
199(1), 201 to 204, 206, 207, 210 to 213, 214(1) to 214(3), 215 to 222, 223(1) to 
223(6), 226 to 228, 229 (1) to 229(3), 231, 232(1), 233, 234, 236 to 238, 240 to 242 
(evidence) and 278 (submission of document in lieu of examination, etc) of the Code 
of Civil Procedure shall apply mutatis mutandis to the examination and 
preservation of evidence under the prece ding Article. In this case, the term "facts 
that are admitted by the party in court or that are obvious" in Article 179 of the 
said Code shall be deemed to be replaced with "obvious facts", and the term 
"Supreme Court Rules" in Article 204 and 215 -3 of the  said Code shall be deemed 
to be replaced with "Ordinance of the Ministry of Economy, Trade and Industry."  
 
(Ex officio proceedings)  98 Article 152  The chief administrative judge  may proceed with the trial procedures, 
even if a party or intervenor fails to u ndertake required procedures within the 
legal or designated time limit or the said person fails to appear pursuant to the 
provision of Article 145(3).  
 
Article 153  (1) Any grounds not pleaded by a party or intervenor may be examined 
in a trial.  
(2) Where any grounds not pleaded by a party or intervenor has been examined 
under the preceding paragraph, the chief administrative judge  shall notify the 
parties and the intervenor(s) of the result thereof and give such persons an 
opportunity to present opinions, designating an adequate time limit.  
(3) Any object of claim not claimed by the demandant may not be examined in a trial.  
 
(Joint or separate conduct of proceedings)  
Article 154  (1) Where one or both parties to two or more trials are identical, the 
proceed ings may be jointly conducted.  
(2) Proceedings that have been jointly conducted under the preceding paragraph may 
later be separately conducted.  
 
(Withdrawal of request for trial)  
Article 155  (1) A request for a trial may be withdrawn before a trial decis ion 
becomes final and binding.  
(2) A request for a trial may not be withdrawn without the consent of the adverse 
party, after the written answer under Article 134(1) has been submitted.  
(3) When a request for invalidation trial has been filed with regard t o two or more 
claims covered by a patent that has two or more claims, the request may be 
withdrawn for any of the claims.  
(4) Where requests for correction trial are filed for each claim or each group of claims, 
the withdrawal of the said requests shall be  made for all those requests.  
 
 (Notice of conclusion of proceedings)  
Article 156  (1) Where the case has reached the point at which a trial decision may 
be rendered, the chief administrative judge  shall, in a trial other than invalidation 
trial, notify the parties and intervenor(s) of the conclusion of the proceedings . 
(2) In invalidation trial, the chief administrative judge  shall, where the case has 
reached the point at which a trial decision may  be rendered, and an announcement 99 of a trial decision under Article 164 -2(1) is not made or an announcement of a trial 
decision in the said paragraph has been made but a defendant does not file a 
request for correction under Article 134 -2(1) or does not ma ke an amendment 
under Article 17 -5(2) within the time limit under paragraph (2) of the said Article, 
notify the parties and intervenors of the conclusion of the proceedings.  
(3) The chief administrative judge  may, upon a motion by a party or intervenor, or  
ex officio, resume proceedings, where necessary, even after the notice has been 
given under the preceding two paragraphs.  
(4) The trial decision shall be rendered within 20 days from the date on which the 
notice under paragraph (1) or (2) has been issued;  provided, however, that this 
shall not apply where the case is complex or there are unavoidable reasons therefor.  
 
(Appeal/Trial decision)  
Article 157  (1) When appeal/ trial decision has been rendered, the appeal/trial shall 
be concluded.  
(2) Appeal/trial  decision shall be rendered in writing stating the following matters:  
(i) the trial number;  
(ii) the name, and domicile or residence of each of the parties, intervenor(s) and 
their representatives;  
(iii) the identification of the appeal/trial case;  
(iv) th e conclusion of and reasons for the appeal/trial decision; and  
(v) the date of the appeal/trial decision.  
(3) Where appeal/trial decision has been rendered, the Commissioner of the Patent 
Office shall serve a certified copy of the appeal/trial decision to the parties, 
intervenor(s) and person whose application for intervention has been refused.  
 
(Special provisions regarding trials against examiner's decision o f refusal)  
Article 158  Any procedure taken during the examination procedure shall also be 
effective in appeal against an examiner's decision of refusal.  
 
Article 159  (1) Article 53 shall apply mutatis mutandis to appeal against an 
examiner's decision of refusal. In this case, the term "Article 17 -2(1)(i) or (iii)" in 
Article 53(1) shall be dee med to be replaced with "Article 17 -2(1)(i), (iii) or (iv)", 
and the term "an amendment" in Article 53(1) shall be deemed to be replaced with 
"an amendment (in the case of Article 17 -2(1)(i) or (iii), excluding the amendment 
made prior to the request for a ppeal  against the examiner's decision of refusal)".  100 (2) Article 50 and Article 50 -2 shall apply mutatis mutandis where a reason for 
refusal found in appeal against an examiner's decision of refusal is different from 
the reason(s) of the examiner's decision . In this case, the term "in the case of 
Article 17 -2(1)(i) or (iii) (in th e case of Article 17 -2(1)(i), limited to the case where 
the examiner has given a notice under the next Article along with the notice of 
reasons for refusal)" in the proviso to Artic le 50 shall be deemed to be replaced 
with "in the case of Article 17 -2(1)(i) (limited to the case where the examiner has 
given a notice under the next Article along with the notice of reasons for refusal, 
and excluding the case where the applicant has made  an amendment prior to the 
filing of a request for appeal against an examiner's decision of refusal), (iii) 
(excluding the case where the applicant has made an amendment prior to the filing 
of a request for appeal against an examiner's decision of refusal)  or (iv)."  
(3) Articles 51 and 67 -3(2) shall apply mutatis mutandis where a request for appeal 
against an examiner's decision of refusal is found to have reasonable grounds.  
 
Article 160  (1) Where an examiner's decision has been rescinded in appeal agains t 
the examiner's decision of refusal, appeal decision may be made to order a further 
examination to be carried out.  
(2) The decision made in the appeal decision under the preceding paragraph shall be 
binding upon the examiner with respect to the case.  
(3) Article 159(3) shall not apply where appeal decision under paragraph (1) is 
rendered.  
 
Article 161  Articles 134(1) to (3), 134 -2, 134 -3, 148 and 149 shall not apply  to appeal 
against the examiner's decision of refusal.  
 
Article 162  Where, in the case of a request for appeal against an examiner's 
decision of refusal, where an amendment has been made to the description, scope 
of claims or drawings attached to the application in the patent application 
pertaining to the request at the time of filing the reque st, the Commissioner of the 
Patent Office shall direct the examiner to examine the request.  
 
Article 163  (1) Articles 48, 53 and 54 shall apply mutatis mutandis to an 
examination under the preceding Article. In this case, the term "Article 17 -2(1)(i) 
or (iii)" in Article 53(1) shall be deemed to be replaced with "Article 17 -2(1)(i), (iii) 
or (iv)" and the term "an amendment" in Article 53(1) shall be deemed to be 101 replaced with "an amendment (in the case of Article 17 -2(1)(i) or (iii), excluding 
the amendme nt made prior to the request for appeal against an examiner's 
decision of refusal)."  
(2) Article 50 and Article 50 -2 shall apply mutatis mutandis where a reason for 
refusal which was not contained in the examiner's decision concerned in the 
request for app eal is found in the examination under the preceding Article. In this 
case, the term "in the case of Article 17 -2(1)(i) or (iii) (in the case of Article 17 -
2(1)(i), limited to the case where the examiner has given a notice under the next 
Article along with the notice of reasons for refusal)" in the proviso to Article 50 
shall be deemed to be replaced with "in the case of Article 17 -2(1) (limited to the 
case where the examiner has given a notice under the next Article along with the 
notice of reasons for refu sal, and excluding the case where the applicant has made 
an amendment prior  to the filing of a request for appeal against an examiner's 
decision of refusal), (iii) (excluding the case where the applicant has made an 
amendment prior to the filing of a reque st for appeal against an examiner's 
decision of refusal) or (iv)."  
(3) Articles 51 and 52 shall apply mutatis mutandis where appeal is found to have 
reasonable grounds in the examination under the preceding Article.  
 
Article 164  (1) In an examination under Article 162, where the examiner renders a 
decision to the effect that a patent is to be granted, the examiner shall rescind the 
examiner's decision of refusal that  is the basis of the appeal.  
(2) Except in the case of the preceding paragraph, the exa miner may not render a 
ruling dismissing an amendment under Article 53(1) as applied under Article 
163(1).  
(3) Except in the case of paragraph (1), the examiner shall report to the 
Commissioner of the Patent Office the result of the examination without ren dering 
a decision on the appeal.  
 
(Special provisions for invalidation trial)  
Article 164 -2  (1) Where the case of invalidation trial has reached the point at which 
a trial decision may be rendered, the chief administrative judge  shall, where he or 
she fin ds a reasonable ground for request for a trial or it is as provided by 
Ordinance of the Ministry of Economy, Trade and Industry, notify the parties and 
intervenors of an advance notice of the trial decision.  
(2) Where an advance notice of a trial decision is notified pursuant to the preceding 102 paragraph, the chief administrative judge  shall designate to the defendant an 
adequate time limit for filing a request for correction of the description, scope of 
claims or drawings attached to the application.  
(3) Art icle 157(2) shall apply mutatis mutandis to an advance notice of trial decision 
under paragraph (1).  
 
(Special provisions for  correction trial)  
Article 165  Where a request for correction trial does not correspond to one of the 
purposes provided in the pro viso to Article 126(1) or does not comply with 
paragraphs (5) to (7) of Article 126, the chief administrative judge  shall notify the 
demandant of the reasons therefore and give the demandant an opportunity to 
submit an written opinion, designating an adequ ate time limit.  
 
Article 166  Articles 134(1) to (3), 134 -2, 134 -3, 148 and 149 shall not apply to a 
correction trial.  
 
(Effect of trial decision)  
Article 167  Where a final and binding trial decision in a n invalidation trial or a 
trial for invalidation of  the registration of extension of the duration has been 
registered, neither parties nor intervenors may file a request for a trial on the 
basis of the same facts and evidence.  
 
(Scope of final and binding trial decision)  
Article 167 -2  (1) App eal/trial dec ision shall become final and binding for each 
appeal/trial case; provided, however, that, in the cases listed in the following items, 
appeal/trial decision shall become final and binding as provided in the 
corresponding item:  
(i) where a request for invali dation trial has been filed for each claim and a request 
for correction has been filed under Article 134 -2(1) for each group of claims: for 
the said group of claims;  
(ii) where a request for correction trial has been filed for each group of claims: for 
the said group of claims; and,  
(iii) where a request for trial has been filed for each claim and a case other than 
those listed in item (i): for the said claim  
 
(In relation to litigation)  103 Article 168  (1) Where deemed necessary during a ppeal/ trial, the appeal/ trial 
proceedings may be suspended until the ruling on an opposition to a granted 
patent  or the decision in another trial has become final and binding or court 
proceedings have been concluded.  
(2) Where an action is instituted or a motion for order of provisional seizure or order 
of provisional disposition is filed, the court may, if it considers it necessary, 
suspend the court proceedings until the appeal/ trial decision becomes final and 
binding.  
(3) Where an action with respect to infringement of a  patent right or an exclusive 
license is instituted, the court shall notify the Commissioner of the Patent Office 
thereof. The same shall apply when the said court proceedings have been 
concluded.  
(4) Where the Commissioner of the Patent Office receives th e notice as provided in 
the preceding paragraph, the Commissioner of the Patent Office shall notify the 
court of whether a ppeal/ request for a trial with regard to the said patent right has 
been filed. The same shall apply when, with regard to the said tria l, a ruling 
dismissing the written request or a ppeal/ trial decision has been rendered or the 
request has been withdrawn.  
(5) Where the court receives the notice to the effect that a request for a ppeal/ trial 
with regard to the said patent right has been fil ed under the preceding paragraph, 
if a document stating a method of allegation or defense as provided in Article 104 -
3(1) has already been submitted in the action prior to the said notice or if the said 
document is submitted for the first time after the sa id notice, the court shall notify 
the Commissioner of the Patent Office thereof.  
(6) Where the Commissioner of the Patent Office receives the notice as provided in 
the preceding paragraph, the Commissioner of the Patent Office may request the 
court to deli ver copies of any record of the said action which the administrative 
judge  considers necessary for the trial.  
 
(Burden of costs of appeal/trial)  
Article 169  (1) The burden of costs in connection with invalidation trial or 
invalidation  trial of the registr ation of extension of the duration shall be decided 
ex officio by a trial decision where the trial is terminated by a trial decision or by 
a ruling in the trial where the trial is terminated otherwise than by a trial decision.  
(2) Articles 61 to 66, 69(1),  69(2), 70 and 71(2) (Bearing of litigation costs) of the Code 
of Civil Procedure shall apply mutatis mutandis to the costs in connection with the 104 trial under the preceding paragraph. In this case, the term "Supreme Court Rules" 
in Article 71(2) of the sai d Code shall be deemed to be replaced with "Ordinance of 
the Ministry of Economy, Tr ade and Industry."  
(3) The costs in connection with appeal against an examiner's decision of refusal and 
a correction trial shall be borne by the demandant.  
(4) Article 65 (Bearing of litigation costs in joint litigation) of the Code of Civil 
Procedure shall apply mutatis mutandis to the costs to be borne by the demandant 
under the preceding paragraph.  
(5) The amount of costs in connection with appeal/trial shall be determin ed by the 
Commissioner of the Patent Office upon request, after appeal/trial decision or a 
ruling has become final and binding.  
(6) The scope, the amount and the payment of the costs in connection with 
appeal/trial, and the payment required for undertaking  a procedure for a trial 
shall be governed by the relevant provisions of the Act on Civil Procedure Costs, 
etc. (Act No. 40 of 1971) (excluding provisions in Chapter II, Sections 1 and 3 of 
the said Act) unless such provisions are contrary to the nature of  the said matters.  
 
(Enforceability of ruling on amount of costs)  
Article 170  A final and binding ruling on the amount of costs for appeal/trial shall 
have the same effect as that of an enforceable title of obligation.  
 
Chapter VII Retrial (Article 171 to  Article 177)  
 
(Request for retrial)  
Article 171  (1) A party or an intervenor may file a request for a retrial against a 
final and binding revocation decision and a final and binding trial decision.  
(2) Articles 338(1), 338(2) and 339 (Grounds for retrial ) of the Code of Civil Procedure 
shall apply mutatis mutandis to a request for a retrial under the preceding 
paragraph.  
 
Article 172  (1) Where a demandant for a trial, in conspiracy with the demandee, 
has caused the trial decision to be rendered for the p urpose of harming the right 
or interest of a third party, the third party may file a request for a retrial against 
the final and binding trial decision.  
(2) A request for a retrial under the preceding paragraph shall be filed against the 
demandant and the demandee in the trial as joint demandees.  105  
(Time limit for request for retrial)  
Article 173  (1) A request for a retrial shall be filed within 30 days from the date on 
which the demandant became aware of the grounds for the retrial after the 
revocation dec ision or the trial decision became final and binding.  
(2) Where a person intending to file a request for a retrial is unable to file the said 
request within the time limit as provided in the preceding paragraph due to 
reasons beyond the control of the pers on, notwithstanding the said paragraph, the 
said person may file the request within 14 days (in the case of an overseas resident, 
within two months) from the date on which the said reasons ceased to exist, prior 
to the lapse of six months from the expirati on of the said time limit.  
(3) Where a request for a retrial is filed on the ground that the demandant was not 
represented in accordance with the applicable legal provisions, the time limit as 
provided in paragraph (1) shall be counted from the day followi ng the date on 
which, by being served a copy of the trial decision, the demandant or his statutory 
representative became aware that the revocation decision or  the trial decision had 
been rendered.  
(4) No request for a retrial may be filed after the expirat ion of three years from the 
date on which the revocation decision or  the trial decision became final and binding.  
(5) Where a ground for a retrial has arisen after the revocation decision or  the trial 
decision became final and binding, the time limit as provided in the preceding 
paragraph shall be counted from the day following the date on which the ground 
first arose.  
(6) Paragraphs (1) and (4) shall not apply to a request for a retrial file d on the ground 
that the trial decision is in conflict with a final and binding trial decision 
previously rendered.  
 
(Application mutatis mutandis of provisions regarding trial, etc.)  
Article 174  (1) Articles 1 14, 116 to 120 -2, 120 -5 to 120 -8, 131(1),  the main clause of 
131-2(1), 132(3), 154, 155(1) and (3), and 156(1), (3) and (4)  shall apply mutatis 
mutandis to a retrial against a final and binding revocation  decision.  
(2) Articles 131(1), the main clause of 131 -2(1), 132(3) and (4), 133, 133 -2, 134( 4), 135 
to 147, 150 to 152, 155(1), 156(1), (3) and (4), 157 to 160, the main clause of 167 -2, 
168, 169(3) to (6), and 170 shall apply mutatis mutandis to a retrial against a final 
and binding trial decision in a n appeal  against an examiner's decision of r efusal.  
(3) Articles 131(1), the main clause of 131 -2(1), 132(1), (2) and (4), 133, 133 -2, 134(1), 106 (3) and (4), 135 to 152, 154, 155(1) to (3), 156(1), (3) and (4), 157, 167, 168, 169(1), 
(2), (5) and (6), and 170 shall apply mutatis mutandis to a retrial against a final 
and binding trial decision in a n invalidation trial or a trial for invalidation of the 
registration of extension of the duration.  
(4) Articles 131(1) and (4), the main clause of 131 -2(1), 132(3) and (4), 133, 133 -2, 
134(4), 135 to 147, 150 to 152, 155(1) and (4), 156(1), (3) and (4), 157, 165, 167 -2, 
168, 169(3) to (6), and 170 shall apply mutatis mutandis to a retrial against a final 
and binding trial decision in a correction trial.  
(5) Article 348(1) (Scope of proceedings) of the Code of C ivil Procedure shall apply 
mutatis mutandis to a retrial.  
 
(Restriction on effect of patent right restored by retrial)  
Article 175  (1) Where a patent right pertaining to a revoked or invalidated patent 
or a patent right pertaining to the invalidated regis tration of extension of the 
duration thereof has been restored by a retrial, or where the establishment of a 
patent right or the extension of the duration of a patent right with respect to a 
patent application or an application for the registration of exte nsion of the 
duration of a patent right which was refused by a trial decision has been registered 
by a retrial, and where the patent has been granted for the invention of a product, 
such patent right shall not be effective against any product imported into  or 
produced or acquired in Japan without knowledge, after the revocation decision or 
the trial decision became final and binding but before the registration of the 
request for a retrial.  
(2) Where a patent right pertaining to a revoked or  invalidated pate nt or a patent 
right pertaining to the invalidated registration of extension of the duration thereof 
has been restored by a retrial or where the establishment of a patent right or the 
extension of the duration of a patent right with respect to a patent app lication or 
an application for the registration of extension of the duration of a patent right 
which was refused by a trial decision has been registered by a retrial, such patent 
right shall not be effective against the following acts conducted after the r evocation 
decision or the trial decision became final and binding but before the registration 
of the request for a retrial:  
(i) working of the said invention without knowledge;  
(ii) where a patent has been granted for the invention of a product, producing,  
assigning, etc., importing or offering for assignment, etc. any product to be used 
for producing of the said product without knowledge; and  107 (iii) where a patent has been granted for an invention of a product, possessing the 
said product for the purpose of  assigning, etc. or exporting it without knowledge;  
(iv) where a patent has been granted for the invention of a process, producing, 
assigning, etc., importing or offering for assignment, etc. any product to be used 
for the use of the said process without k nowledge; and  
(v) where a patent has been granted for an invention of a process of producing a 
product, possessing the product produced by the said process for the purpose of 
assigning, etc. or exporting it without knowledge.  
 
Article 176  Where a patent r ight pertaining to a revoked or  invalidated patent or 
a patent right pertaining to the invalidated registration of an extension of the 
duration thereof has been restored through a retrial or where the establishment 
of a patent right or the extension of the  duration of a patent right with respect to 
a patent application or an application for registration of an extension of the 
duration of a patent right refused by a trial decision has been registered through 
a retrial, and where a person has, without knowled ge, been working the invention 
in Japan or has, without knowledge, been making preparations therefore, after the 
revocation decision or  the trial decision became final and binding but before the 
registration of the demand for a retrial, such person shall h ave a non -exclusive 
license on the patent right, to the extent of the invention and the purpose of such 
business worked or prepared.  
 
Article 177  Deleted  
 
Chapter VIII Litigation (Article 178 to Article 184 -2) 
 
(Actions against trial decisions, etc.)  
Article 178  (1) The Tokyo High Court shall have exclusive jurisdiction over any 
action against a revocation decision or a trial decision, a ruling to dismiss a written 
request for an opposition to a granted patent , a trial or a retrial or a written 
request for correction under Article 1 20-5(2) or Article 134 -2(1). 
(2) An action under paragraph (1) may be instituted only by a party in the case, an 
intervenor, or a person whose application for intervention in the proceedings on 
the said opposition to a  granted patent , in the trial or in the retrial has been 
refused.  
(3) An action under paragraph (1) may not be instituted after the expiration of thirty 108 days from the date on which a certified copy of the trial decision or the ruling has 
been served.  
(4) T he time limit as provided in the preceding paragraph shall be invariable.  
(5) The chief administrative judge  may ex officio designate an additional period 
extending the invariable time limit under the preceding paragraph for a person in 
a remote area or an  area with transportation difficulty.  
(6) An action with regard to a matter for which a request for a trial  may be made  
may be instituted only against a trial decision.  
 
(Appropriate party as defendant)  
Article 179  In an action under Article 178(1), the C ommissioner of the Patent Office 
shall be the defendant; provided, however, that in the case of an action against a 
trial decision in a n invalidation trial, or a trial for invalidation of the registration 
of extension of duration, or in a retrial under Art icle 171(1) against a final and 
binding trial decision in such trial, the demandant or the demandee in the trial or 
retrial shall be the defendant.  
 
(Notice of institution of action, etc.)  
Article 180  Where an action under the proviso to the preceding Art icle has been 
instituted, the court shall notify the Commissioner of the Patent Office thereof 
without delay.  
(2) In the case of the preceding paragraph, where an action is against a n invalidation 
trial requested for each claim or a trial decision of a r etrial against a final and 
binding trial decision of the trial, the court shall deliver to the Commissioner of 
the Patent Office the documents necessary for identifying claims pertaining to the 
said action.  
 
(Opinion of the Commissioner of the Patent Offic e in litigation rescinding the trial 
decision)  
Article 180 -2  (1) Where an action under the proviso to Article 179 is instituted, the 
court may seek the opinion of the Commissioner of the Patent Office regarding the 
application of this Act or any other neces sary matters relating to such case.  
(2) Where an action under the proviso to Article 179 is instituted, upon the court's 
consent, the Commissioner of the Patent Office may express his/her opinions to 
the court regarding the application of this Act or any o ther necessary matters 
relating to such case.  109 (3) The Commissioner of the Patent Office may designate another Patent Office 
official to express the Commissioner's opinions for the purpose of the preceding 
two paragraphs.  
 
(Rescission of the trial decision or ruling)  
Article 181  (1) Where the court finds for the plaintiff in an action instituted under 
Article 178(1), it shall rescind the trial decision or ruling.  
(2) Where the court's decision rescinding a trial decision or ruling or the court's 
ruling resc inding a trial decision under the preceding paragraph has become final 
and binding, the administrative judge s shall carry out further proceedings and 
render a trial decision or ruling. In this case, the court's decision rescinding the 
trial decision or the  ruling  has become final and binding with regard to some 
claims in a group of claims for which a request for correction under Article 1 20-
5(2) or Article 134 -2(1) has been filed, the administrative judge  shall, in carrying 
out the proceedings, rescind the trial decision or the ruling on the other claims in 
the said group of claims.  
 
(Delivery of original copy of judgment)  
Article 182  Where the court procedures with respect to an action under the proviso 
to Article 179 have been concluded, the court shall, without delay, deliver the 
original copy of the judgment rendered by the court of each instance to the 
Commissioner of the Patent Office.  
 
(Composition of panel)  
Article 182 -2  With respect to an action under Article 178(1), the ruling that 
proceedings and judgment shall be rendered by a panel consisting of five judges 
may be made if so determined by the said panel.  
 
(Action against amount of compensation)  
Article 183  (1) A person(s) who has received an award under Article 83(2), 92(3), 
92(4), or 93(2) may, if not satisfied with the amount of the compensation 
determined in the award, institute an action demanding an increase or decrease 
of the said amount.  
(2) An action under the preceding paragraph may n ot be instituted after the 
expiration of six months from the date on which a certified copy of the award has 
been served.  110  
(Appropriate party as defendant)  
Article 184  In an action under Article 183(1), the following person shall have 
standing as a defend ant: 
(i) in an action against an award under Article 83(2), 92(4) or 93(2), the non -
exclusive licensee, patentee or exclusive licensee; and  
(ii) in an action against an award under Article 92(3), the non -exclusive licensee 
or the other person under Article  72. 
 
(Relationship between (administrative) object ion and litigation)  
Article 184 -2  An action demanding the rescission of dispositions imposed by this 
Act or an order thereunder (excluding dispositions under Article 195(4)), may be 
instituted only after the rendering of a ruling or an award on an objection against 
the dispositions or on the request for examination thereof.  
 
Chapter IX Special Provisions Concerning International Applications under 
the Patent Cooperation Treaty (Article 184 -3 to Article 184 -20) 
 
(Patent application based on international application)  
Article 184 -3  (1) An international application (a patent application only) to which 
the international application date is accorded under Article 11(1), 11(2)(b) or 14(2) 
of the Patent Cooperati on Treaty signed in Washington on June 19, 1970 
(hereinafter referred to as the "Treaty" in this Chapter) and which specifies Japan 
as a designated State under Article 4(1)(ii) of the Treaty shall be deemed to be a 
patent application filed on the said inte rnational application date.  
(2) Article 43 (including its mutatis mutandis application under Article 43 -2(2) 
(including its mutatis mutandis application under Article 43 -3(3)) and Article 43 -
3(3)) shall not apply to the international application deemed to be a patent 
application under the preceding paragraph (hereinafter referred to as 
"international patent application").  
 
(Translations of international patent application in foreign language)  
Article 184 -4  (1) An applicant of an international patent applic ation in foreign 
language (hereinafter referred to as a "patent application in foreign language") 
shall submit to the Commissioner of the Patent Office Japanese translations of the 
description, scope of claims, drawings (the descriptive text in such drawin gs only, 111 hereinafter the same shall apply in this article), and the abstract, as provided in 
Article 3(2) of the Treaty, as of the international application date as provided in 
paragraph (1) of the preceding Article (hereinafter referred to as the "interna tional 
application date") within the period from the priority date under Article 2 (xi) of 
the Treaty (hereinafter referred to as the "priority date"), to two years and six 
months (hereinafter referred to as the "time limit for the submission of national 
documents") therefrom; provided, however, that the applicant of a patent 
application in foreign language who has submitted the document under paragraph 
(1) of the following Article during the period from two months before the expiration 
of the time limit fo r the Submission of National Documents to the expiry date 
thereof (excluding the case where the said translations have been submitted prior 
to the submission of the said documents) may submit the said translations wit hin 
two months from the date of submiss ion of the said document (hereinafter referred 
to as the "special time limit for the submission of translations").  
(2) In the case of the preceding paragraph, where the applicant of the patent 
application in foreign language has made an amendment under Art icle 19(1) of the 
Treaty, the applicant may, in lieu of the translation of scope of the claim(s) as 
provided in the preceding paragraph, submit a translation of the amended scope 
of claim(s).  
(3) Where the translation of the description as provided in para graph (1) and the 
translation of the scope of claim(s) as provided in the preceding two paragraphs 
(hereinafter referred to as "translation of the description, etc.") have not been 
submitted within the time limit for the Submission of National Documents (in the 
case of a patent application in foreign language under the proviso to paragraph (1), 
the Special Time Limit for the Submission of Translations, hereinafter the same 
shall apply in this Article), the international patent application shall be deemed 
to have been withdrawn.  
(4) An applicant of the international patent application that was deemed to have 
been withdrawn pursuant to the preceding paragraph, where there are justifiable 
reasons for having not been able to submit the said translation of the description, 
etc. within the time limit for the Submission of National Documents, may submit 
to the Commissioner of the Patent Office the translation of the description, etc. 
and the translations of the drawings and abstracts under paragraph (1) only 
withi n the time limit as provided in Ordinance of the Ministry of Economy, Trade 
and Industry.  
(5) The translations submitted under the preceding paragraph shall be deemed to 112 have been submitted to the Commissioner of the Patent Office at the time of 
expiration  of the Time Limit for the Submission of National Documents expires.  
(6) Where an amendment under Article 19(1) of the Treaty has been made, an 
applicant who has submitted the translation of the scope of claim(s) as provided in 
paragraph (1) may further su bmit a Japanese translation of the said amended 
scope of claim(s) no later than the date on which the Time Limit for the Submission 
of National Documents expires (the time of requesting where the applicant 
requests the examination of the application within  the Time Limit for the 
Submission of National Documents, hereinafter referred to as the "national 
processing standard time").  
(7) The main clause of Article 184 -7(3) shall apply mutatis mutandis to the case 
where the translation under paragraph (2) or the  preceding paragraph has not 
been submitted.  
 
(Submis sion of documents and order to amend procedures)  
Article 184 -5  (1) An applicant of an international patent application shall submit 
a document to the Commissioner of the Patent Office within the time limit for the 
Submission of National Documents stating the following:  
(i) the name, and the domicile or residence of the applicant;  
(ii) the name, and the domicile or residence of the inventor; and  
(iii) matters as provided by Ordinance of the Ministry of Ec onomy, Trade and 
Industry, including the international application number.  
(2) The Commissioner of the Patent Office may order the amendment of procedures 
for an applicant, designating an adequate time limit, in the following cases:  
(i) where the document to be submitted under the preceding paragraph is not 
submitted within the time limit for the Submission of National Documents;  
(ii) where the procedure as provided in the preceding paragraph does not comply 
with paragraphs (1) to (3) of Article 7or Article  9; 
(iii) where the procedure as provided in the preceding paragraph does not comply 
with the formal requirements as provided by Ordinance of the Ministry of 
Economy, Trade and Industry;  
(iv) where a translation of the abstract to be submitted under paragraph (1) of the 
preceding Article is not submitted within the time limit for the Submission of 
National Documents (in the case of a patent application in foreign language 
under the proviso  to paragraph (1) of the preceding Article, the Special Time 
Limit for the Submission of Translations); and  113 (v) where the fees payable under Article 195(2) are not paid within the time limit 
for the Submission of National Documents.  
(3) Where the person or dered to amend a procedure under the preceding paragraph 
does not make the amendment within the designated time limit under the said 
paragraph, the Commissioner of the Patent Office may dismiss the said 
international patent application.  
 
(Effect, etc. of a pplication, description, etc. of international application)  
Article 184 -6  (1) The application of an international patent application as of the 
international application date shall be deemed to be an application submitted 
under Article 36(1).  
(2) The descr iption of an international patent application in the Japanese language 
(hereinafter referred to as a "patent application in Japanese language") as of the 
international application date and translations of the description of a patent 
application in foreign language as of the international application date shall be 
deemed to be the description submitted with the application under Article 36(2); 
scope of claim(s) of a patent application in Japanese language as of the 
international application date and a transl ation of the scope of claim(s) of a patent 
application in foreign language as of the international application date shall be 
deemed to be the scope of claim(s) submitted with the application under the said 
paragraph; drawing(s) of a patent application in J apanese language as of the 
international application date, drawing(s) of a patent application in foreign 
language as of the international application date (excluding the descriptive text in 
the drawing(s)) and a translation of the descriptive text in the d rawing(s) shall be 
deemed to be the drawing(s) submitted with the application under the said 
paragraph; and, the abstract of a patent application in Japanese language and a 
translation of the abstract of a patent application in foreign language shall be 
deemed to the abstract submitted with the application under the said paragraph.  
(3) Where a translation of the amended scope of claim(s) under Article 19(1) of the 
Treaty is submitted as provided in Article 184 -4(2) or (6), notwithstanding the 
preceding para graph, a translation of the said amended scope of claim(s) shall be 
deemed to be the scope of claim(s) submitted with the application under Article 
36(2).  
 
(Amendment under Article 19 of the Treaty with regard to patent application in 
Japanese language)  114 Article 184 -7  (1) Where an applicant of a patent application in Japanese language 
has made an amendment under Article 19(1) of the Treaty, such applicant shall 
submit to the Commissioner of the Patent Office a copy of the written amendment 
submitted under A rticle 19(1) on or before the date which the National Processing 
Standard Time falls into.  
(2) Where a copy of a written amendment has been submitted under the preceding 
paragraph, an amendment to the scope of claim(s) attached to the application shall 
be deemed to have been made under Article 17 -2(1) by the said copy of the written 
amendment; provided, however, that where the written amendment has been 
served to the Patent Office under Article 20 of the Treaty within the time limit 
under the preceding para graph, the amendment is deemed to have been made by 
the said written amendment.  
(3) Where the procedure under paragraph (1) has not been taken by the applicant of 
a patent application in Japanese language within the time limit under paragraph 
(1), no amend ment under Article 19(1) of the Treaty shall be deemed to have been 
made; provided, however, that this shall not apply to the case as provided in the 
proviso to the preceding paragraph.  
 
(Amendment under Article 34 of the Treaty)  
Article 184 -8  (1) Where a n applicant of an international patent application has 
made an amendment under Article 34(2)(b) of the Treaty, such applicant shall 
submit to the Commissioner of the Patent Office, in the case of amendment with 
regard to a patent application in Japanese la nguage, a copy of the written 
amendment submitted under Article 34(2)(b) and, in the case of amendment with 
regard to a patent application in foreign language, a Japanese translation of the 
said written amendment, on or before the date which the National P rocessing 
Standard Time falls into.  
(2) Where a copy of the written amendment or a translation of the written 
amendment has been submitted under the preceding paragraph, an amendment 
to the description, scope of claim(s) or drawing(s) attached to the appli cation shall 
be deemed to have been made under Article 17 -2(1) by the copy of the written 
amendment or the translation of the written amendment; provided, however, that 
where the written amendment with regard to a patent application in Japanese 
language ha s been served to the Patent Office under Article 36(3)(a) of the Treaty 
within the time limit under the preceding paragrap h, the amendment is deemed 
to have been made by the said written amendment.  115 (3) Where the procedure under paragraph (1) has not been t aken by the applicant of 
an international patent application within the time limit under paragraph (1), no 
amendment under Article 34(2)(b) of the Treaty shall be deemed to have been 
made; provided, however, that this shall not apply to the case as provide d in the 
proviso to the precedin g paragraph.  
(4) Where, in accordance with paragraph (2), an amendment to the description, scope 
of claims or drawings attached to the application with regard to a patent 
application in foreign language has been deemed to ha ve been made under Article 
17-2(1), such amendment shall be deemed to have been made by submitting the 
written correction of incorrect translation as provided in Article 17 -2(2). 
 
(National publication, etc.)  
Article 184 -9  (1) The national publication of a patent application in foreign 
language, a translation of which has been submitted under Article 184 -4(1) or (4), 
excluding a patent application in foreign language, gazette containing the patent 
of which has  been published, shall be effected, without delay, by the Commissioner 
of the Patent Office after the lapse of the time limit for the Submission of National 
Documents (in the case of a patent application in foreign language under the 
proviso to Article 184 -4(1), the Special Time Limit for the Submission of 
Translations, hereinafter the same shall apply in this paragraph) (in the case of 
an international patent application for which the applicant has requested an 
examination of the patent application within the time limit for the Submission of 
National Documents and of which the international publication under Article 21 
of the Treaty (hereinafter referred to as "international publication") has been 
effected, after such request for the examination of the pate nt application).  
(2) National publication shall be effected by publishing the following matters in the 
patent gazette:  
(i) the name, and the domicile or residence of the applicant;  
(ii) the filing number of the application;  
(iii) the international applicat ion date;  
(iv) the name, and the domicile or residence of the inventor;  
(v) the matters stated in the translations of the description and the descriptive 
text in the drawing(s) as provided in Article 184 -4(1); the matters stated in the 
translation of the s cope of claim(s) as provided in the said paragraph (in the case 
where a translation has been submitted under paragraph (2) of the said Article, 
the said translation); the matters stated in the translation under paragraph (6) 116 of the said Article; the conten ts of the drawing(s) (excluding the descriptive text 
in the drawing(s)); and the matters stated in the translation of the abstract 
(excluding matters, recognized by the Commissioner of the Patent Office, to be 
liable to contravene public order or morality by stating those in the patent 
gazette);  
(vi) the number and the date of the national publication; and  
(vii) other necessary matters.  
(3) Article 64(3) shall apply mutatis mutandis where the matters stated in the 
translation of the abstract as provided in item (v) of the preceding paragraph are 
to be contained in the patent gazette under the preceding paragraph.  
(4) Article 64 shall not apply to an international patent application.  
(5) For the purpose of an international patent application, the term "the la ying open 
of the patent application" in Articles 48 -5(1), 48 -6, the proviso to 66(3), 128, 
186(1)(i) and (ii i) and 193(2)(i), (ii), (vi i) and (x) shall be deemed to be replaced with 
"the international publication under Article 184 -9(1)" in the case of a pa tent 
application in Japanese language and "the national publication under Article 184 -
9(1)" in the case of a patent application in foreign language.  
(6) For the purpose of a request for a certificate, etc., with regard to a patent 
application in foreign la nguage, the term "or the materials under Article 67 -2(2)'' 
in Article 186(1)(i) shall be deemed to be replaced with "or an application, a 
description, scope of claim(s), drawing(s), or an abstract in an international 
application under Article 3(2) of the P atent Cooperation Treaty signed in 
Washington on June 19, 1970 (excluding those with regard to an international 
patent application where the establishment of a patent right has been registered 
has been made or those contained in the international publicati on)."  
(7) For the purpose of the matters to be contained in the patent gazette with regard 
to an international patent application, the term "after the laying open of a patent 
application" in Article 193(2)(iii) shall be deemed to be replaced with "with reg ard 
to an international patent application, the international publication of which has 
been effected."  
 
(Effect etc., of international publication and National Publicati on) 
Article 184 -10  (1) After the international publication of a patent application in the 
case of a patent application in Japanese language, or after the national publication 
of a patent application in the case of a patent application in foreign language, 
where the applicant of the international patent application has given warning with 117 documents stating the contents of the invention claimed in the international 
patent application, the applicant of the international patent application may claim 
compensation against a person who has worked the invention as a business after 
the warning, prior to the registration establishing a patent right, and the amount 
of compensation shall be equivalent to the amount the applicant(s) would be 
entitled to receive for the working of the invention if the invention were patented. 
Even where the said warning has  not been given, the same shall apply to a person 
who worked the invention as a business prior to the registration establishing a 
patent right, in the case of a patent a pplication in Japanese language, with 
knowledge of the invention having been claimed in  the international patent 
application that the international publication has been effected, or, in the case of 
a patent application in foreign language, with knowledge of the invention having 
been claimed in the international patent application that the na tional publication 
has been effected.  
(2) Paragraphs (2) to (6) of Article 65  shall apply mutatis mutandis to the exercise of 
the right to claim compensation under the preceding paragraph.  
 
(Special provisions concerning patent administrators for overseas residents)  
Article 184 -11  (1) Notwithstanding Article 8(1), an applicant of an international 
patent application who is an overseas resident may, prior to the National 
Processing Standard Time, undertake procedures without being represented by a 
patent adm inistrator.  
(2) The person prescribed in the preceding paragraph shall appoint a patent 
administrator and notify the Commissioner of the Patent Office thereof on or after 
the National Processing Standard Time, but not later than the time limit as 
provided in Ordinance of the Ministry of Economy, Trade and Industry.  
(3) Where no appointment of a patent administrator has been notified within the 
time limit as provided in the preceding paragraph, the Commissioner of the Patent 
Office shall notify a person as p rovided in paragraph (1) thereof.  
(4) A person who has received a notice provided under the preceding paragraph may 
appoint a patent administrator and notify the Commissioner of the Patent Office 
thereof only within the time limit as provided in Ordinance of the Ministry of 
Economy, Trade and Industry.  
(5) Where no appointment of a patent administrator has been notified within the 
time limit as provided in the preceding paragraph, the international patent 
application shall be deemed to have been withdrawn.  118 (6) Where there is a reasonable ground for failing to notify appointment of a patent 
administrator within the time limit as provided in paragraph (4), the applicant of 
an international patent application which has been deemed to have been 
withdrawn under t he preceding paragraph may appoint a patent administrator 
and notify the Commissioner of the Patent Office thereof only within the time limit 
as provided in Ordinance of  the Ministry of Economy, Trade and Industry.  
(7) The notification made under paragraph  (4) or the preceding paragraph shall be 
deemed to be a notification made at the time of expiration of the time limit as 
provided in paragraph (2).  
(8) Where an applicant under paragraph (1) has undertaken procedures under 
Article 184 -4(4) with being repre sented by a patent administrator, paragraphs (2) 
to (7)  shall not apply.  
 
(Special provisions concerning amendment)  
Article 184 -12  (1) Notwithstanding the main clause of Article 17(1), no amendment 
of the procedures shall be allowed (excluding those under  Articles 184 -7(2) and 
184-8(2)) unless, in the case of a patent application in Japanese language, the 
procedure under Article 184 -5(1) has been taken and the fee payable under Article 
195(2) has been paid, and, in the case of a patent application in forei gn language, 
the procedures under Articles 184 -4(1) and 184 -5(1) have been taken, the fee 
payable under Article 195(2) has been paid, and the National Processing Standard 
Time has lapsed.  
(2) For the purpose of the allowable scope of amendment to the descr iption, scope of 
claims or drawings with regard to a patent application in foreign language, the 
term "a foreign -language -written -application as provided in Article 36 -2(2)" in 
Article 17 -2(2) shall be deemed to be replaced with "a patent application in fo reign 
language as provided in Article 184 -4(1)"; the term "the description, scope of claims 
or drawings originally attached to the application (in the case of a foreign -
language -written -application under Article 36 -2(2), the translation of foreign -
language -documents as provided in Article 36 -2(2) that is deemed to be the 
description, scope of claims and drawings under Article 36 -2(8) (in the case where 
the amendment to the description, scope of claims or drawing has been made 
through the submission of the s tatement of correction of incorrect translation, the 
said translations or the amended description, scope of claim s or drawings), the 
same shall apply in Articles 34 -2(1) and 34 -3(1))" in Article 17 -2(3) shall be deemed 
to be replaced with "a translation as  provided in Article 184 -4(1) of the description 119 or drawings (limited to the descriptive text in the drawings) of an international 
patent application as provided in Article 184 -3(2) (hereinafter referred to as an 
"international patent application" in this paragraph) as of the international 
application date as provided in Article 184 -4(1) (hereinafter referred to as the 
"international application date" in this paragraph), a translation as provided in 
Article 184 -4(1) of scope of the claims of an internationa l patent application as of 
the International Application Date (in the case where a translation of the scope of 
claim(s) amended under Article 19(1) of the Patent Cooperation Treaty signed in 
Washington on June 19, 1970 has been submitted under Article 184 -4(2) or (6), the 
said translation) or drawings (excluding the descriptive text in the drawings) of an 
international patent application as of the International Application Date 
(hereinafter referred to as the "translations, etc." in this paragraph) (in the case 
where an amendment to the description, scope of claim(s) or drawing(s) has been 
made through the submission of the statement of correction of incorrect 
translation, the Translations, etc. or the said amended description, scope of claims 
or drawings)".  
 
(Special provisions for registration in the patent registry)  
Article 184 -12-2  Notwithstanding Article 27(1)(iv), provisional exclusive license 
shall not be registered, unless, in the case of a patent application in Japanese 
language, procedures under Article 184 -5(1) have been undertaken and the fee 
relating to the procedures under Article 195(2) has been paid, and, in the case of a 
patent application in foreign language, procedures under Articles 184 -4(1) or (4) 
and 184 -5(1) have been undertaken, the fee relating to the procedures under 
Article 195(2) has been paid, and the National Processing Standard Time has 
lapsed.  
 
(Special provision concerning patentability)  
Article 184 -13  For the purpose of the application of Article 29 -2, in the case where 
another patent application or a utility model registration application as provided 
in Article 29 -2 is an international patent application or an International utility 
model registration application under Article 48 -3(2) of the Utility Model Act, the 
term "anot her patent application or a utility model registration application " under 
Article 29 -2 of this Act shall be deemed to be replaced with "another patent 
application or utility model registration application (excluding a patent 
application in foreign languag e under Article 184 -4(1) or a utility model 120 registration application in foreign language under Article 48 -4(1) of the Utility 
Model Act which has been deemed to have been withdrawn in accordance with 
Article 184 -4(3) of this Act or Article 48 -4(3) of the U tility Model Act)," the term 
"the laying open of the patent application or" shall be deemed to be replaced with 
"laying open of the patent application," the term "publishe d" shall be deemed to be 
replaced with "published or where international publication under Article 21 of 
the Patent Cooperation Treaty signed in Washington on June 19, 1970 has been 
effected," and the term "the description, scope of claims or drawings originally 
attached to the application" shall be deemed to be replaced with "the descript ion, 
scope of claims, or drawings of an international application as of the International 
Application Date under Article 184 -4(1)of this Act or Article 48 -4(1) of the Utility 
Model Act."  
 
(Special provision concerning exception to lack of novelty of invent ion) 
Article 184 -14  Notwithstanding Article 30(3), an applicant of an international 
patent application who requests the application of Article 30(2) may submit to the 
Commissioner of the Patent Office, after the National Processing Standard Time, 
but not later than the time limit as provided in Ordinance of the Ministry of 
Economy, Trade and Industry, a document stating thereof and a document proving 
the fact that the invention which has fallen under any of the paragraphs of Article 
29(1) has become applic able is an invention to which Article 30(2) may be 
applicable.  
 
(Special provisions concerning priority claim based on a patent application, etc.)  
Article 184 -15  (1) The proviso to Articles 41(1), 41(4) and 42(2) shall not apply to 
an international patent  application.  
(2) For the purpose of application of Article 41(3) to a patent application in Japanese 
language, the term "or the laying open of the patent application" in the said Article 
shall be deemed to be replaced with "or the international publicatio n under Article 
21 of the Patent Cooperation Treaty signed in Washington on June 19, 1970."  
(3) For the purpose of the application of Article 41(3) for a patent application in 
foreign language, the term "the description, scope of claims or drawings origina lly 
attached to the application in a patent application" in the said Article shall be 
deemed to be replaced with "the description, scope of claims or drawings of an 
international application as of the international application date under Article 
184-4(1),"  and the teem "or the laying open of the application" shall be deemed to 121 be replaced with "or the international publication under Article 21 of the Patent 
Cooperation Treaty done in Washington on June 19, 1970."  
(4) For the purpose of application of paragr aphs (1) to (3) of Article 41 and 42(1), in 
the case where the earlier application under Article 41(1) of this Act is an 
international patent application or an international utility model registration 
application under Article 48 -3(2) of the Utility Model Act, the term "the description, 
scope of claims for a patent or utility model registration and drawings originally 
attached to the application" in Articles 41(1) and 41(2) shall be deemed to be 
replaced with "the description, scope of claims or drawings of  an international 
application as of the international application date under Article 184 -4(1) of this 
Act or Article 48 -4(1) of the Utility Model Act,"; the term "the said paragraph" in 
the said paragraph shall be deemed to be replaced with "the preceding paragraph" ; 
the term "the description, scope of claims for patent or utility model registration 
and drawings originally attached to the application in the earlier application ," in 
Article 41(3) shall be deemed to be replaced with "the description, scope of  claims 
or drawings of an international application of the earlier application as of the 
International Application Date under Article 184 -4(1) of this Act or Article 48 -4(1) 
of the Utility Model Act,"  "the said paragraph"  in Article 41(3) shall be deemed t o 
be replaced with "paragraph(1)" ; the term "the laying open of the patent 
application relating to" in Article 41(3) shall be deemed to be replaced with "the 
international publication under Article 21 of the patent Cooperation Treaty signed 
in Washington o n June 19, 1970 relating to,"; and the term "when the time limit 
provided in Ordinance of the Ministry of Economy, Trade and Industry from the 
filing date has lapsed" in Article 42(1) shall be deemed to be replaced with "at the 
later of the time of the Nat ional Processing Standard Time under Article 184 -4 (6) 
of this Act or Article 48 -4(6) of the Utility Model Act or the time when the time 
limit provided in Ordinance of the Ministry of Economy, Trade and Industry has 
lapsed from the International Applicatio n Date under Article 184 -4 (1) of this Act 
or Article 48 -4 (1) of the Utility Model Act".  
 
(Special provision concerning conversion of application)  
Article 184 -16  An international application that has been deemed to be an 
application for utility model registration under Article 48 -3(1) or 48 -16(4) of the 
Utility Model Act may be converted to a patent application, only after the fees 
payable under Art icle 54(2) of the said Act have been paid (or, in the case of an 
international application that is deemed to be a Utility Model registration 122 application under Article 48 -16(4) of the said Act, after the ruling as provided in 
Article 48 -16(4) has been rende red), and, in the case of a Utility Model Registration 
Application in Japanese Language under Article 48 -5(4) of the said Act, the 
procedures under Article 48 -5(1) of the said Act has been completed, or, in the case 
of a Utility Model Registration Applicat ion in Foreign Language under 48 -4(1) of 
the said Act, the procedures under Article 48 -4(1) or 48 -4(4) and Article 48 -5(1) 
and of the said Act have been completed.  
 
(Restriction on the time for request for examination of application)  
Article 184 -17  A requ est for an examination of an international patent application 
shall not be allowed unless, for an applicant of the international patent application, 
the procedure under Article 184 -5 in the case of a patent application in Japanese 
language or the procedure s under Article 184 -4(1) or (4) and 184 -5(1) in the case 
of a patent application in foreign language have been taken and the fee payable 
under Article 195(2) has been paid, and, for any person who is not the applicant of 
the international patent applicatio n, the time limit for the Submission of National 
Documents (in the case of a patent application in foreign language under the 
proviso to Article 184 -4(1), the Special time limit for the Submission of 
Translation) has lapsed.  
 
(Provisions for reasons for re fusal, etc.)  
Article 184 -18  For the purpose of an examiner's decision of refusal , an opposition 
to a granted patent , and a n invalidation trial, with respect to a patent application 
in foreign language, the term "foreign -language -written -application" in Ar ticles 
49(vi), 113(i) and (v), and 123(1)(i) and (v) shall be deemed to be replaced with 
"patent application in foreign language referred to in Article 184 -4(1)," and the 
term " in foreign -language -documents" in Article 49(vi) , 113(v),  and 123(1)(v) shall 
be deemed to be replaced with " in the description, scope of claim(s) or drawing(s) 
of the international application as of the international application date referred to 
in Article 184 -4(1)."  
 
(Special provisions concerning correction)  
Article 184 -19  For th e purpose of the request for correction under Article 120-5(2) 
and134-2(1) and the request for a correction trial with respect to a patent 
application in foreign language, the term "foreign -language -written -application" 
in Article 126(5) shall be deemed to  be replaced with "foreign -language -written -123 application referred to in Article 184 -4(1)" and the term "foreign -language -
documents )" shall be deemed to be replaced with "the description, scope of claim(s) 
or drawing(s) of the international application as of  the international application 
date referred to in Article 184 -4(1))." 
Article 184 -20  (1) Where a refusal under Article 25(1)(a) of the Treaty or a 
declaration under Article 25(1)(a) or (b) of the Treaty has been made by the 
receiving Office under Article  2(xv) of the Treaty, or a finding under Article 
25(1)(a) of the Treaty has been made by the International Bureau under Article 
2(xix) of the Treaty in relation to an international application (a patent application 
only) which specifies Japan as a designat ed State under Article 4(1)(ii) of the 
Treaty, the applicant of the international application under Article 2(vii) of the 
Treaty may make a request to the effect that the Commissioner of the Patent Office 
shall render a decision under Article 25(2)(a) of t he Treaty in accordance with 
Ordinance of the Ministry of Economy, Trade and Industry within the time limit 
provided in Ordinance of the Ministry of Economy, Trade and Industry.  
(2) A person making a request under the preceding paragraph with regard to an 
international application in foreign language shall submit at the time of the 
request to the Commissioner of the Patent Office Japanese translations of 
documents concerning the international application as required by Ordinance of 
the Ministry of Economy, Trade and Industry, including the description, scope of 
claims, drawings (limited to the explanations in the drawings), and abstract.  
(3) Upon receiving the request under paragraph (1), the Commissioner of the Patent 
Office shall rule on whether the refusa l, declaration or finding relating thereto was 
justified under the provisions of the Treaty and the Regulations under the Patent 
Cooperation Treaty.  
(4) Where the Commissioner of the Patent Office has rendered a ruling under the 
preceding paragraph to the effect that the refusal, declaration or finding under the 
said paragraph was not justified under the provisions of the Treaty and the 
Regulations under the Patent Cooperation Treaty, the international application 
for which the decision is rendered shall be  deemed to be a patent application filed 
on the day which would have been be accorded as the international application 
date if no such refusal, declaration or finding had been made for the international 
application.  
(5) For the purpose of laying open of an  international application that is deemed to 
be a patent application under the preceding paragraph, the term "the date of the 
filing of a patent application" in Article 64(1) shall be deemed to be replaced with 124 "the priority date under Article 184 -4(1)", t he term "foreign -language -written -
application" and "foreign -language -documents and the Abstract in foreign 
language" in Article 64(2)(vi) shall be deemed to be replaced with "international 
application in foreign language " and "description, scope of claim,  drawing and 
abstract of an international application filed on the day to be accorded as the 
International application Date under Article 184 -20(4)".  
(6) Article 184 -3(2), 184 -6(1) and (2), 184 -9(6), 184 -12 to 184 -14, 184 -15(1), (3) and 
(4), 184 -17 to 184 -19 shall apply mutatis mutandis to an international application 
that is deemed to be a patent application under paragraph (4). In such a case, the 
replacement of terms necessary for the application of the said provisions shall be 
made as prescribed by Cabi net Order.  
 
Chapter X Miscellaneous Provisions (Article 185 to Article 195 -4) 
 
(Special provisions for patent or patent right covering two or more claims)  
Article 185  Pertaining to the patent or patent rights covering two or more claims, 
for the purposes of the application of Article s 27(1)(i),  65(5) (including its mutatis 
mutandis application under Article 184 -10(2)), 80(1), 97(1), 98(1)(i), 111(1)(ii) , 
114(3) ( including its mutatis mutandis application under Article 1 74(1)), 123(3), 
125, 126(8) (includi ng its mutatis mutandis application under Article 134 -2(9)), 
128 (including its mutatis mutandis application under Article s 120 -5(9) and  134-
2(9), Article 1 74(1), 132(1) (including its mutatis mutandis application under 
Article 174( 3)) or 175, 176 or 193(2 )(v) of this Act, or of Article 20(1) of the Utility 
Model Act, the patent shall be deemed to have been granted, or the patent right 
shall be deemed to exist, for each claim.  
 
(Request for certificate, etc.)  
Article 186  (1) Any person may file a request w ith regard to patents to the 
Commissioner of the Patent Office to issue a certificate, a certified copy of 
documents or an extract of documents, to allow the inspection or copying of 
documents, or to issue documents stored on the magnetic tapes that consti tute the 
part of the Patent Registry; provided, however, that if the Commissioner of the 
Patent Office considers it necessary to keep such documents confidential, this 
provision shall not apply in the case of the following documents:  
(i) an application, or  the description, scope of claims, drawings or abstract attached 
to an application, foreign -language -documents, an foreign -language -abstract or 125 any document pertaining to the examination of a patent application (except 
where the establishment of a patent r ight has been registere d or where the 
laying open of a patent application has been effected), or the materials under 
Article 67 -2(2); 
(ii) documents concerning a n appeal against an examiner's decision of refusal 
(except where the establishment of the paten t right has been registered or where 
the laying open of a patent application has been effected);  
(iii) documents concerning a n invalidation trial, a trial for invalidation of the 
registration of extension of the duration or a retrial of the final and bindi ng trial 
decision in the such trials, with respect to which a party in the case or intervenor 
has given notice that a trade secret owned by the said party in the case or 
intervenor has been described (trade secret as provided in Article 2(4) of the 
Unfair Competition Prevention Act (Act No. 47 of 1993));  
(iv) documents which are liable to cause damage to an individual's reputation or 
peaceful life; and  
(v) documents which are liable to cause damage to public order or morality.  
(2) Where the Commissioner of the Patent Office approves of the request under the 
main clause of the preceding paragraph with regard to the documents as provided 
in items (i) to ( iv) of the said paragraph, the Commissioner of the Patent Office 
shall notify the person who submitted the said documents thereof and reasons 
therefor.  
(3) Provisions of the Act on Access to Information Held by Administrative Organs 
(Act No. 42 of 1999) shall not apply to the documents concerning patents and the 
part of the Patent Registry stored on magnetic ta pes. 
(4) Provisions in Chapter 4 of the Act on Protection of Personal Information 
Possessed by Administrative Organs (Act No. 58 of 2003) shall not apply to the 
possessed personal information (refers to the possessed personal information as 
provided in Art icle 2(3) of the said Act) recorded in the documents concerning 
patents and the part of the Patent Registry stored on magnetic tapes.  
 
(Mark of Patent)  
Article 187  A patentee, exclusive licensee or non -exclusive licensee shall make 
efforts to place a mark (hereinafter referred to as a "mark of patent") as provided 
by Ordinance of the Ministry of Economy, Trade and Industry, on the patented 
product, produ ct produced by the patented process (hereinafter referred to as a 
"patented product"), or package thereof, indicating that the product or process is 126 patented.  
 
(Prohibition of false marking)  
Article 188  It shall be prohibited for a person to do the follow ing acts:  
(i) putting a mark of patent or a mark confusing therewith on or in a non -patented 
product or the packaging thereof;  
(ii) assigning, etc. or displaying for the purpose of assignment, etc. a non -patented 
product or the packaging thereof on or in w hich a mark of a patent or a mark 
confusing therewith is put;  
(iii) giving in an advertisement an indication to the effect that a non -patented 
product is r elated to a patent or an indication confusing therewith for the 
purpose of having the product produce d or used, or assigning, etc. the product; 
or 
(iv) giving in an advertisement an indication to the effect that a non -patented 
process is related to a patent or an indication confusing therewith for the 
purpose of having the process used, or assigning or le asing the process.  
 
(Service)  
Article 189  Documents to be served shall be as provided in this Act and by 
ordinance of the Ministry of Economy, Trade and Industry.  
 
Article 190  Articles 98(2), 99 to 103, 105, 106, 107(1) (excluding items (ii) and (iii)), 
107(3) and 109 (Service) of the Code of Civil Procedure shall apply mutatis 
mutandis to the service of documents as provided in this Act or Ordinance of th e 
Ministry of Economy, Trade and Industry under the preceding Article. In this case, 
the term "a cour t clerk" in Articles 98(2) and 100 of the Code of Civil Procedure 
shall be deemed to be replaced with "an official designated by the Commissioner 
of the Patent Office or a trial clerk", the term "mail or court enforcement officer" 
in Article 99(1) of the s aid Act shall be deemed to be replaced with "mail", the term 
"where ... the court clerk" in Article 107(1) of the said Act shall be deemed to be 
replaced with "where ... and where documents concerning the examination are to 
be served, an official designate d by the Commissioner of the Patent Office or a trial 
clerk" and the term "Supreme Court Rules" in Article 107(1) of the said Act shall 
be deemed to be replaced with "an Ordinance of the Ministry of Economy, Trade 
and Industry".  
 127 Article 191  (1) Where the  domicile or residence of the person who is to be served or 
any other place to which service is to be made is unknown, or where the service is 
unable to be  effected under Article 107(1) (excluding items (ii) and (iii)) of the Code 
of Civil Procedure as app lied mutatis mutandis under Article 190 of this Act, 
service may be effected by public notification.  
(2) Service by public notification shall be effected by publishing in the Official 
Gazette and the patent gazette and posting on the noticeboard of the Pat ent Office 
a notification stating the fact that documents to be served are ready to be served 
at any time to the person who is to be served.  
(3) Service by public notification shall take effect following the duration of 20 days 
from the day the notificatio n is published in the Official Gazette.  
 
Article 192  (1) Where an overseas resident has a patent administrator, service 
shall be made to the patent admini strator.  
(2) Where an overseas resident has no patent administrator, documents may be 
dispatched by r egistered mail, etc. (refers to service of registered mail under 
Article 2(2) of the Act on service of Mail by Private Business Operator (Act No. 99 
of 2002) provided by a general mail delivery service operator under Article 2(6) of 
the said Act or by a sp ecial mail delivery service operator under Article 2(9) of the 
said Act that is equivalent to registered mail by Ordinance of the Ministry of 
Economy, Trade and Industry, hereinafter the same shall apply in paragraph (3)).  
(3) Where documents are dispatche d by registered mail, etc., under the preceding 
paragraph, the documents shall be deemed to have been served at the time of 
dispatch.  
 
(Patent Gazette)  
Article 193  (1) The Patent Office shall publish the patent gazette (Tokkyo Koho).  
(2) In addition to th e matters provided for in this Act, the patent gazette shall 
contain:  
(i) the examiner's decision to the effect that an application is to be refused, or the 
waiver, withdrawal or dismissal of a patent application after the laying open of 
the patent applica tion, or the withdrawal of an application for the registration 
of an extension of the duration of a patent right;  
(ii) successions to the right to obtain a patent after the laying open of a patent 
application;  
(iii) amendments of the description, scope of claims or drawings attached to an 128 application under Article 17 -2(1) after the laying open of a patent application (in 
the case of an amendment under any of the items in the proviso to the said 
paragraph, limited to an amendment made through the submission of a 
statement of correction of an incorrect translation);  
(iv) A request for the examination of an application under Article 48 -3(5) 
(including its mutatis mutandis application under paragraph (7) of the said 
Article)  
(v) the extinguishment of patent righ ts (excluding extinguishment upon expiration 
of the duration and under Article 112(4) or 112(5)) or the restoration thereof 
(limited to restoration under Article 112 -2(2));  
(vi) a n opposition to a granted  patent or trials or retrials, or withdrawals thereo f;  
(vii) final and binding ruling on an opposition  to a granted patent,  final and 
binding  trial decisions or final and binding retrial decisions  (limited to patent 
applications in which the establishment of a patent right has been registered or 
which have  been laid open);  
(viii)  matters stated in the corrected description and scope of claims and the 
contents of drawings (limited to those corrected following a final and binding 
trial decision to the effect that the correction was to be made);  
(ix) requests  for an award, the withdrawal thereof or a Commissioner's decision; 
and 
(x) final and binding judgments in an action under Article 178(1) (limited to cases 
where the establishment of a patent right has been registered or the laying open 
of the patent appli cation has been effected).  
 
(Submission of documents, etc.)  
Article 194  (1) The Commissioner of the Patent Office or the examiner may request 
a party in a case to submit documents or other materials necessary for a procedure 
other than one relating to an opposition to a granted patent , a trial or a retrial.  
(2) The Commissioner of the Patent Office or the examiner may commission related 
administrative agenc ies, educational institutions or any other organizations to 
conduct an investigation necessary for an  examination.  
 
(Fees)  
Article 195  (1) Fees shall be paid by the following persons in an amount to be 
provided by Cabinet Order in view of the actual costs:  
(i) persons filing a request for an extension of the duration under Article 4, 5(1), 129 108(3), or a c hange of the date under Article 5(2);  
(ii) persons filing a request for the re -issuance of the certificate of patent;  
(iii) persons notifying of succession under Article 34(4);  
(iv) persons filing a request for the issuance of a certificate under Article 1 86(1);  
(v) persons filing a request for the issuance of a certified copy of documents or an 
extract of documents under Article 186(1);  
(vi) persons filing a request to allow the inspection or copying of documents under 
Article 186(1); and  
(vii) persons fil ing a request for the issuance of documents whose contents are 
stored on the magnetic tapes that constitute the part of the Patent Registry 
under Article 186(1).  
(2) The persons listed in the center column of the attached table shall pay fees in the 
amount  as provided by Cabinet Order within the range of the amounts specified 
in the corresponding right -hand column of the table.  
(3) Notwithstanding the provisions of the preceding paragraph, where, after a 
request for the examination of an application has bee n filed by a person who is not 
the applicant of the patent, the number of claims is increased due to the 
amendment of the scope of claims attached to the application in the said patent 
application, the fees for the request for the examination of the patent  application 
payable under the preceding paragraph regarding the increased claims shall be 
paid by the applicant of the patent.  
(4) The three preceding paragraphs shall not apply where the person to pay the fee 
in accordance with these paragraphs is the St ate. 
(5) Where the State has joint ownership of a patent right or a right to obtain a patent 
with a person other than the State, and the portion of their respective shares of 
the said right has been agreed, notwithstanding the provisions of paragraph (1) o r 
(2), the fees payable thereunder (limited to those provided by Cabinet Order 
excluding the fees for the request for an examination) shall be determined as the 
sum of the provided  fees under these provisions  multiplied by the ratios of the 
share of each p erson other than the State, and, the person(s) other than the State 
shall pay such sum.  
(6) Where the State has joint ownership of a right to obtain a patent with person(s) 
including a person entitled to receive a reduction of the fees for the request for an 
examination or exemption therefrom under the following Article  or Article 195 -2-
2 or provisions of any other laws and ordinances (hereinafter in this paragraph 
referred to as a "reduction/exemption"), and the portion of their respective shares 130 of the sa id right has been agreed, notwithstanding the provisions of paragraph (2), 
the fees for the request for an examination payable by such person for their right 
to obtain a patent thereunder shall be determined as the sum of the amounts 
calculated for each pe rson other than the State jointly owning the right, by 
multiplying the applicable fees for the request for an examination provided 
thereunder (in the case of a person who receives the reduction or exemption, the 
amount after the said reduction/exemption) b y the ratios of the share of each 
person other than the State, and the person(s) other than the State shall pay such 
sum.  
(7) Where the amount of the fees calculated under the two preceding paragraphs has 
a fractional figure of less than ten yen, the said portion shall be discarded.  
(8) The payment of the fees under paragraphs (1) to (3) shall be made by patent 
revenue stamps as provided by Ordinance of the Ministry of Economy, Trade and 
Industry; provided, however, that where so provided by Ordinance of th e Ministry 
of Economy, Trade and Industry, a cash payment thereof shall be accepted.  
(9) After the request for examination of an application, where the said patent 
application has been waived or withdrawn, upon the request of the person who 
paid the fees f or the request for examination under paragraph (2), such fees in the 
amount prescribed by Cabinet Order shall be refunded, provided that the certified 
copy of the examiner's decision has not been served, and none of the following 
orders or notices has been  made.  
(i) an order under Article 39(6);  
(ii) notice under Article 48 -7; 
(iii) notice under Article 50; and  
(iv) service of a certified copy of the examiner's decision under Article 52(2).  
(10) No request for a refund of fees under the preceding paragraph may be filed after 
six months from the date on which a patent application has been waived or 
withdrawn.  
(11) Fees paid in excess or in error shall be refunded upon the request of the person 
who made payment thereof.  
(12) No request for a refund of the fees  under the preceding paragraph may be filed 
after one year from the date on which the payment thereof has been made.  
(13) Where, due to reasons beyond the control of a person who makes a request for a 
refund of fees under paragraph (9) or paragraph (11), t he person is unable to make 
the request within the time limit as provided in paragraph (10) or the preceding 
paragraph , the person may, notwithstanding  these provisions, make the request 131 within 14 days (where overseas resident, within two months) from the date on 
which the reasons ceased to be applicable, but not later than six months following 
the expiration of the time limit  under these provisions . 
 
(Reduc tion of or exemption from fees for request for examination of application)  
Article 195 -2  Where the C ommissioner of the Patent Office recognizes that a 
person who files a request for examination of an application and meets the 
requirements of Cabinet Order considering his/her financial resources has 
difficulties paying the fees for a request for the exami nation of an application, the 
Commissioner of the Patent Office may, in accordance with Cabinet Order, grant 
the person a reduction of or exemption from the payment of the fees for the request 
for the examination of the person's own patent application paya ble under 
paragraph (2) of the preceding Article.  
 
Article 195 -2-2 The Commissioner of the Patent Office may, pursuant to the 
provisions of Cabinet Order, grant a person that files a request for examination of 
the person's own patent application and falls within the category of person 
specified by Cabinet Order under Article 109 -2(1), a reduction of , or exemption 
from , the fees for the request for the examination for the a pplication  payable under 
Article 195 (2). 
 
(Exclusion of application of Administrative Procedures Act)  
Article 195 -3  Chapters II and III of the Administrative Procedures Act (Act No. 88 
of 1993) shall not apply to dispositions under this Act or an order issued under this 
Act. 
 
(Restriction on appeals under Administrative Appeal Act)  
Article 195 -4  No appeal shall be available under the Administrative Appeal Act 
against an examiner's decision , revocation decision,  or a trial decision , or a ruling 
to dismis s a statement of opposition  to a granted patent , a written request for a 
trial or retrial or a written request for correction under Article 120 -5(2) or Article 
134-2(1), or against dispositions against which no appeal lies in accordance with 
this Act.  
 
Chapter XI Penal Provisions (Article 196 to Article 204)  
 132 (Crime of infringement)  
Article 196  An infringer of a patent right or exclusive license (excluding one who 
has committed an act that shall be deemed to constitute infringement of a patent 
right or an exclusive license under Article 101) shall be punished by imprisonment 
with work for a term not exceeding ten years or a fine not exceeding 10,000,000 
yen or combination thereof.  
 
Article 196 -2  Any person who has committed an act that shall b e deemed to 
constitute infringement of a patent right or an exclusive license under Article 101 
shall be punished by imprisonment with work for a term not exceeding five years 
or a fine not exceeding 5,000,000 yen or combination thereof.  
 
(Crime of fraud)  
Article 197  Any person who has obtained a patent, a registration of extension of 
the duration of a patent right , a ruling on an opposition to a granted patent  or a 
trial decision by means of a fraudulent act shall be punished by imprisonment with 
work for a term not exceeding three years or a fine not exceeding 3,000,000 yen.  
 
(Crime of false marking)  
Article 198  A person(s) who fails to comply with Article 188 shall be punished by 
imprisonment with work for a term not exceeding three years or a fine not 
exceeding 3, 000,000 yen.  
 
(Crime of perjury, etc.)  
Article 199  (1) A witness, an expert witness or an interpreter who has sworn under 
this Act and made a false statement or given an expert opinion or interpretation 
to the Patent Office or the court commissioned thereby shall be punished by 
imprisonment with work for a term between three month and ten years.  
(2) Where a person who has committed the crime in the preceding paragraph has 
made a voluntary confession before a certified copy of the judgment on the case 
has been served , or a ruling on an o pposition to a granted patent  or a trial decision 
has become final and binding, the punishment may be reduced or exculpated.  
 
(Crime of divulging secrets)  
Article 200  A present or former official of the Patent Office wh o has divulged or 
appropriated any secret relating to an invention claimed in a pending patent 133 application that has become known to him/her in the course of performing his/her 
duties shall be punished by imprisonment with work for a term not exceeding one 
year or a fine not exceeding 500,000 yen.  
 
(Crime of breach of protective order)  
Article 200 -2  (1) A person who fails to comply with a protective order shall be 
punished by imprisonment with work for a term not exceeding five years or a fine 
not exceeding  5,000,000 yen or combination thereof.  
(2) The prosecution of the crime under the preceding paragraph may not be initiated 
unless a complaint is filed.  
(3) The crime under paragraph (1) shall apply to a person who commits the crime 
outside Japan.  
 
(Dual li ability)  
Article 201  (1) Where a representative of a juridical person or an agent, employee 
or other worker of a juridical person or an individual has committed in the course 
of performing his/her duties for the juridical person or individual, any act in 
violation prescribed in the following items, in addition to the offender, the juridical 
person shall be punished by a fine as provided in the corresponding item and the 
individual shall be punished by a fine as provided in the Article prescribed in the 
corresponding item:  
(i) Article 196, Article 196 -2 or 200 -2(1), a fine not exceeding 300 million yen; and  
(ii) Article 197 or 198, a fine not exceeding 100 million yen.  
(2) In the case of the preceding paragraph, the complaint under Article 200 -2(2) 
against the offender shall have effect on the juridical person or individual and the 
complaint against the juridical person or individual shall have effect on the 
offender.  
(3) Where a fine is imposed on a juridical person or individual under Article 200 -2(1) 
with  regard to a violation of Article 196, 196 -2 or 200 -2(1), the period of 
prescription shall be governed by the same rules as for crimes in the provisions 
thereof.  
 
(Civil fine)  
Article 202  Where a person who has sworn under Article 207(1) of the Code of Ci vil 
Procedure as applied under Article 151 (including its mutatis mutandis 
application under Articles 71(3), 120 ( including its mutatis mutandis application 134 under  Article 174(1)) and 174( 2) to ( 4) of this Act) has made a false statement 
before the Patent O ffice or a court commissioned thereby, the said person shall be 
punished by a civil fine not exceeding 100,000 yen.  
 
Article 203  A person(s) who has been summoned by the Patent Office or a court 
commissioned thereby in accordance with this Act, and fails to appear or refuses 
to swear, make a statement, testify, give an expert opinion or interpret without a 
justifiable reason shall be punished by a civil fine not exceeding 100,000 yen.  
 
Article 204  A person(s) who has been ordered by the Patent Offic e or a  court 
commissioned thereby to submit or present documents or other materials for the 
purpose of examination or preservation of evidence in accordance with this Act and 
fails to comply with the order without a justifiable reason shall be punished by a 
civil fine not exceeding 100,000 yen.  
 
Supplementary provisions (Extract)  
 
Appended Table (In relation to Article 195)  
 
  
A person(s) who shall pay fees   
Amounts  
 
1  
A person filing a patent application 
(excluding one in the following 
item)   
16,000 yen per case 
 
2  
A person filing a written application 
in foreign language   
26,000 yen per case  
 
3  
A person responsible for the 
procedures under Article 38 -3(3)  
16,000 yen per case  
 
4  
A person responsible for the 
procedures under Article 184 -5(1)  
16,000 yen  per case  
 
5  
A person responsible for the 
procedures under Article 184 -20(1)   
16,000 yen per case  135  
6  
A person filing an application for 
the registration of extension of the 
duration of a patent right ; 
(1) T he registration of extension  
under Article 67( 2). 
(2) T he registration of extension  
under Article 67( 4).  
 
 
 
43,600 yen per case  
 
74,000 yen per case  
 
7  
A person filing a request for 
extension of time limits under 
Article 5(3) (excluding that with 
regard to the time limit designated 
under Article 50)  
4,200 yen per case  
 
8  
A person filing a request for 
extension of time limits under 
Article 5(3) (that of the time limit 
designated under Article 50 only)   
68,000 yen per case  
 
9  
A person requesting an 
examination of an application   
168,600 yen per  case plus 4,000 yen 
per claim  
 
10  
A person amending a description, 
scope of claims or drawings through 
the submission of a statement of 
correction of incorrect translation   
19,000 yen per case  
 
11  
A person requesting an advisory 
opinion under Article 71(1)   
40,000 yen per case  
 
12  
A person requesting an award   
55,000 yen per case  
 
13  
A person requesting canceling of an 
award   
27,500 yen per case  
 
14  
a patent opponent   
16,500 yen per case plus 2,400 yen 
per claim  
 
15  
a person applying intervention in 
proceedings on an o pposition to a 
granted patent   
11,000 yen per case  
 
16  
A person filing a request for a trial 
or retrial (excluding one in the 
following item)   
49,500 yen per case plus 5,500 yen 
per claim  136  
17  
A person filing a request  for a trial 
against an examiner's decision of 
refusal of the registration of 
extension of the duration of a patent 
right, a trial for invalidation of the 
registration of extension of the 
duration of a patent right, or a 
retrial against the final and bindi ng 
administrative judge 's decision in 
these trials.   
55,000 yen per case  
 
18  
A person filing a request for a 
correction of the description, scope 
of claim(s) or drawing(s)   
49,500 yen per case plus 5,500 yen 
per claim  
 
19  
A person applying intervention in a 
trial or retrial.   
55,000 yen per case  
 
 
 