WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects 
of Intellectual Property Rights IP/NI 1 IJPN/PI 1 
12 July 1996 
(96-2722) 
Original: Englishl 
anglaisl 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
The present document reproduces the text of the Patent Lawl, as notified by Japan under 
Article 63.2 of the Agreement (see document IP IN I 1/JPN 11/ Add. 1). 
Conseil des aspects des droits de propriete 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES A LA 
PROPRIETE INTELLECTUELLE NOTIFIEES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
Le present document contient le texte de la Loi sur les brevets l, notifiee par le J apon au titre 
de l'article 63:2 de l' Accord (voir le document IP/NI1/JPNI 1/ Add.l). 
Consejo de los Aspectos de los Derechos de Propiedad 
IntelectuaI relacionados con el Comercio 
NOTIFICACION DE LEYES Y REGLAMENTOS DE CONFORMIDAD 
CON EL pARRAFO 2 DEL ARTicULO 63 DEL ACUERDO 
En el presente documento se reproduce el texto de la Ley de Patentes l, notificado por el J ap6n 
en virtud de 10 dispuesto en el parrafo 2 del articulo 63 del Acuerdo (vease el documento 
IP/NI1/JPNI 1/ Add. 1). 
lEnglish only/anglais seulement/ingles solamente. IP/N/lIJPN/PIl 
Page 2 . 
PATENT LAW 
(Law No. 121 of April 13, 1959, as amended)* 
-CONTENTS-
Chapter I General Provisions (Sections 1 to 28) ... 3 
Chapter I1 
11 Patents and Applications for Patents (Sections 29 to 46) ... 
Chapter III The Examination (Sections 47 to 63) ... 21 
Chapter IIlbis Laying Open of Applications (Sections 64 and 65) ... 24 
Chapter IV The Patent Right 
Part 1 The Patent Right (Sections 66 to 99) ... 26 
Part 2 Infringement (Sections 100 to 106) ... 35 
Part 3 Annual Fees (Sections 107 to 112ter) ... 36 
Chapter V 
40 Opposition to the Patent (Sections 113 to 120sexies) ... 
Chapter VI Trial (Sections 121 to 170) ... 43 
Chapter VII Retrial (Sections 171 to 177) ... 54 
Chapter VIII Litigation (Sections 178 to 184bis) ... 57 
Chapter IX Special Provisions concerning International Applications 
under the Patent Cooperation Treaty 
(Sections 184ter to 184vicies) ... 59 
Chapter X 
69 Miscellaneous Provisions (Sections 185 to 195quater) ... 
Chapter XI Penal Provisions (Sections 196 to 204) ... 73 Supplementary Provisions... 74 
Attached Table ... 78 IP/N/1/JPN/P/1 
Page 3 
By Law No. 140 of 1962, Law No. 161 of 1962, Law No. 148 of 1964, Law No. 
81 of 1965, Law No. 98 of 1966, Law No. 111 of 1966, Law No. 91 of 1970, 
Law No. 42 of 1971, Law No. 96 of 1971, Law No. 10 of 1973, Law No. 46 of 
1975, Law No. 27 of 1978, Law No. 30 of 1978, Law No. 45 of 1981, Law No. 
83 of 1982, Law No. 78 of 1983, Law No. 23 of 1984, Law No. 24 of 1984, Law 
No. 41 of 1985, Law No. 27 of 1987, Law No. 91 of 1988, Law No. 30 of 1990, 
Law No. 26 of 1993, Law No. 89 of 1993 and Law No. 116 of 1994. 
PATENT LAW 
Chapter I -General Provisions 
(Purpose) 
1.--The purpose of this Law shall be to encourage inventions by promoting 
their protection and utilization so as to contribute to the development of 
industry. 
(Definitions) 
2.--(1) "Invention" in this Law means the highly advanced creation of 
technical ideas by which a law of nature is utilized. 
(2) "Patented invention" in this Law means an invention for which a 
patent has been granted. 
(3) "Working" of an invention in this Law means the following acts: 
(i) in the case of an invention of a product, acts of manufacturing, using, 
assigning, leasing, importing or offering for assignment or lease (including 
displaying for the purpose of assignment or lease -hereinafter the same) of, 
the product; 
(ii) in the case of an invention of a process, acts of using the process; 
(iii) in Hie case of an invention of a process of manufacturing a product, IP/NIlIJPN/PI1 
Page 4 
acts of using, assigning, leasing, importing or offering for assignment or lease 
of, the product manufactured by the process, in addition to the acts mentioned 
in the preceding paragraph. 
(Computation of time limits) 
3.-(1) Time limits fixed in this Law or an order or ordinance under this Law 
shall be computed according to the following provisions: 
(i) the first day of the period shall not be included. However, this 
provision shall not apply when the period begins from 00.00 a.m.; 
(ii) when the period is expressed in months or years, it shall be counted 
according to the calendar. When the period is not computed from the 
beginning of a month or year, it shall expire on the day preceding the day of 
the last month or year corresponding to the day on which the computation 
begins. However, where there is no corresponding day in the last month, it 
shall expire on the last day of that month. 
(2) Where the last day of a period prescribed for the filing of a patent 
application or demand or for any other procedure relating to a patent 
(hereinafter referred to as "procedure") falls on a Sunday, a holiday referred to 
in each of the paragraph of Section 1(1) of the Law concerning holidays of 
administrative organizations (Law No. 91 of 1988), the last day of the period 
shall be the day following such holiday or holidays. 
(Extension of time limjts) 
4.--The Commissioner of the Patent Office may, for the benefit of a person 
residing in a place that is remote or difficult of access, extend upon request or 
ex officio the period prescribed in Section 108(1), 121 (1) or 173(1). 
5.--(1) The Commissioner of the Patent Office, the trial examiner-i"n-chief or 
the examiner may, where he has designated a time limit for a procedure to be 
initiated under this Law, extend the time limit upon request or ex officio. 
(2) The trial examiner-in-chief may, where he has designated a date 
under this Law, change the date upon request or ex officio. 
(Capacity of associations, etc. which are not /egal entities to proceed before the Office) IP/N/1/JPN/P/l 
Page 5 
6.--(1) An association or foundation which is not a legal entity but for which 
an officer representing it or an administrator has been designated may. in its 
name: 
(i) make a request for examination; 
(ii) file an opposition to the patent; 
(iii) demand a trial under Section 123(1) or 125bis(1); 
(iv) demand a retrial against a final and conclusive trial decision under 
Section 123(1) or 125bis(1). in accordance with Section 171 (1). 
(2) An association or foundation which is not a legal entity but for which 
an officer representing it or an administrator has been designated may be 
made a party in its name to a retrial against a final and conclusive trial decision 
under Section 123(1) or 125bis(1). 
(Capacity of minors or other persons under disability to proceed before the 
Office) 
7.-(1) Minors and persons declared to be under disability may proceed 
before the Office only through their legal representatives. However. this 
provision shall not apply where a minor can perform a legal act independently. 
(2) Where a person under a quasi-disability proceeds before the Office. 
he shall obtain the consent of his curator. 
(3) Where a legal representative proceeds before the Office and there is 
a supervisor of guard ianship. the former shall obtain the consent of the latter. 
(4) Where a person under a quasi-disability or a legal representative 
takes part in a procedure with regard to an opposition to the patent, a trial or 
retrial demanded by an adverse party. the two preceding subsections shall not 
apply. 
(Patent administrator for residents abroad) 
8.-(1) A person who has neither his domicile nor residence (nor. in the case 
of a legal entity. its establishment) in Japan (hereinafter referred to as 
"resident abroad") may not, except where a request for registration under 
subsection (3) is filed or as otherwise prescribed by Cabinet Order. proceed IP/N/lIJPNlP1l 
Page 6 
before the Office or institute a suit against any measure taken by an 
administrative agency in accordance with this Law or an order or ordinance 
thereunder, except through his representative with respect to his patent who 
has his domicile or residence in Japan (hereinafter referred to as "patent 
administratorll). 
(2) The patent administrator shaH, in addition to the powers specially 
conferred on him, represent the principal in all procedures and in a suit 
instituted against measures taken by an administrative agency in accordance 
with this Law or an order or ordinance thereunder. 
(3) Where a resident abroad is a patentee or has a registered right 
relating to a patent, the 
appointment or change of his patent administrator, the power of attorney or the 
extinguishment thereof shall not be effective against any third person unless it 
is registered. 
(Scope of powers of attorney) 
9.--A representative of a person who is domiciled or a resident (or, in the case 
of a legal entity, established) in Japan and who is proceeding before the Office 
shall not, unless expressly so empowered, convert, abandon or withdraw a 
patent application, withdraw an application for registration of an extension of 
the term of a patent right, withdraw a demand, request or motion, make or 
withdraw a priority claim under Section 41 (1), demand a trial under Section 
121 (1) or appoint a sub-representative. 
(Proof of powers of attorney) 
10.--The representative of a person who is proceeding before the Office but is 
not a person referred to in Section 8(3) shall have his power of attorney proved 
in writing. 
(Non-extinguishment of powers of attorney) 
11.-The power of attorney of a representative of a person proceeding before 
the Office shall notbecome extinguished on the principal's death or on merger 
in the case of a legal entity, or on the termination of the duty of trust, where a 
trustee is the principal, or on the death of a lega/ representative or on the modification or extinguishment of his power of attorney. 
(Independent representation) IP/N/lIJPN/P/l 
Page 7 
12.-Where a person proceeding before the Office has two or more 
representatives, each of them shall represent the principal. 
(Replacement of representatives, etc.) -
13.-(1) The Commissioner of the Patent Office or the trial examiner-in-chief 
may, if he considers a person proceeding before the Office to be incompetent, 
order a representative to act. 
(2) The Commission'er of the Patent Office or the trial examiner-in-chief 
may, if he considers the representative of a person proceeding before the 
Office to be incompetent, order him to be replaced. 
(3) In the case of the two preceding subsections, the Commissioner of 
the Patent Office or the trial examiner-in-chief may order that a patent attorney 
be the representative. 
(4) The Commissioner of the Patent Office or the trial examiner-in-chief 
may invalidate any action taken before the Office by a person or 
representative referred to respectively in subsection (1) or (2) after the 
issuance of an order under subsection (1) or (2). 
(Mutual representation of parties) 
14.-Where two or more persons are jointly proceeding before the Office, each 
of them shall represent the other or others with respect to a procedure other 
than the conversion, abandonment and withdrawal of a patent application, the 
withdrawal of an application for registraion of an extension of the term of a 
patent right, the withdrawal of a demand, request or motion, the making and 
withdrawal of a priority claim under Section 41 (1), and the demand 
for a trial under Section 121 (1). However, this provision shall not apply where 
they have appointed a representative for both or all of them and have notified 
the Office accordingly. 
(Venue of court for residents abroad) IP IN I lIJPN IP 11 
Page 8 
1S.-With respect to a patent right or other right relating to a patent of a 
resident abroad. the domicile or residence of his patent administrator or. 
where there is no such administrator. the location of the Patent Office shall be 
the place of the property under Section 8 of the Code of Civil Procedure (Law 
No. 29 of 1890). 
(Ratification of acts of persons lacking capacity) 
16.-(1) The acts of a minor (other than one who has independent capacity to 
perform legal acts) or of a person declared to be under disability may be 
ratified by his legal representative (or by the principal when he has gained 
capacity to proceed before the Office). 
(2) The acts of a person who has no power of attorney may be ratified by 
the principal when he has capacity to proceed before the Office or by his legal 
representative. 
(3) The acts of a person under a quasi-disability taken without his 
curator's consent may be ratified by such person with his curator's consent. 
(4) The acts of a legal representative taken without the consent of the 
superyisor of guardianship, where there is such a supervisor. may be ratified 
by the legal representative when he has obtained the supervisor's consent or 
by the principal when he has gained capacity to proceed before the Office. 
(Amendment of proceedings) 
17.--(1) A person who is proceeding before the Office may make 
amendments only during the pendency of the case before the Office. However. 
subject to Section 17bis, 17ter or 17quater, he may not amend the 
specification. the drawings or the abstract attached to the request as well as 
the corrected specification or drawings attached to the written demand under 
Section 126(1). Section 134(2) or 120quater(2). 
(2) Notwithstanding the principal sentence of SUbsection (1), an 
applicant of a foreign language file application referred to in Section 36bis(2) 
may not amend the foreign language file and foreign language abstract 
referred to in Section 36bis(1). IP/N/lIJPN/P/l 
"P.age 9 
(3) The Commissioner of the Patent Office or the trial examiner-in-chief 
may invite amendment, designating an adequate time limit, in the following 
cases: 
(i) when the requirements of Section 7(1) to (3) or 9 have not been 
complied with; 
(ii) when the" formal requirements specified in this Law or in an order or 
ordinance thereunder have not been complied with; 
(iii) when the fees due to be paid under Section 195(1) to (3) have not 
been paid with respect to a procedure. 
(4) Subject to Section 17bis(2), any amendment under the principal 
sentence of subsection (1) of this Section (except in the case of the payment 
of fees), shall be submitted in writing. 
(Amendment of specification or drawings attached to request) 
17bis.--(1) An applicant for a patent may, before the transmittal of the 
copy of an ex-
aminer's decision that a patent is to be granted, amend the specification or 
drawings attached to the request. However, after the receipt of the notification 
under Section 50, the amendment may be made only in the following cases: 
(i) where the applicant has received a first notification (referred to in this 
Section as "the notification of reasons for refusal") under Section 50 [including 
its application under Section 159(2) (including its application under Section 
174(1) and under Section 163(2)) (hereinafter referred to in this paragraph as 
"Section SOli)] and amendment is made within the time limit designated in 
accordance with Section 50; 
(ii) where the applicant has received a notification of refusal and 
amendment is made within the time limit designated in accordance with 
Section 50 with respect to the final notification of reasons for refusal; 
(iii) where the applicant demands a trial under Section 121 (1) and 
amendment is made within 30 days of such demand. 
(2) Where the applicant of a foreign language file application' under 
Section 36bis(2) amends the specification or drawings under subsection (1) for 
the object of the correction of an incorrect translation, he shall submit a written 
correction of an incorrect translation stating the grounds thereof. IP/N/lIJPNIPIl 
Page 10 
(3) An amendment of the specincation or drawings under subsection (1) 
shall, except in the case of submission of the written correction of an incorrect 
translation, remains within the scope of the features disclosed in the 
specification or drawings originally attached to the request [in the case of a 
foreign language file application under Section 36bis(2), the translation of the 
foreign language file referred to in said subsection (2) is considered to be a 
specification and drawings by virtue of the provisions of said Section (4) (in the 
case where the applicant amended the specification or drawings by submitting 
of the written correction of an incorrect translation, said translation, .the 
specification or drawings as amended)]. 
(4) Subject to the provisions of preceding subsection, in the case of 
subsections (1 )(ii) and (iii) of this Section, the amendment of the claim or 
claims shall be limited to the following: 
(i) the cancellation of the claim or claims referred to in Section 36(5); 
(ii) the restriction of the claim or claims (only the restriction of all or some 
of the matters necessary to define the invention claimed in the claim or claims 
under Section 36(5) and the industrial applicability and the problem to be 
solved of the invention claimed in the amended claim or claims are the same 
as those of the invention claimed in the claim or claims prior to the 
amendment); 
(iii) the correction of err'ors in the description; 
(iv) the clarification of an ambiguous description (only the amendment 
with respect to the matters mentioned in the reasons for the refusal concerned 
in the notification of the reasons for the refusal). 
(5) Section 126(4) shall apply mutatis mutandis to the case of preceding 
subsection. 
(Amendment of abstract) 
17ter.-An applicant for a patent may amend the abstract within one year and 
three months from the filing date of his patent application [or -in the case of a 
patent application containing a priority claim under Section 41 (1) -the filing 
date of the earlier application referred to in 
Section 41 (1 ),. -in the case of a patent application containing a priority claim IP/N/l/JPN/P/1 
Page 11 
under Section 43(1) or 43bis(1) or (2) -the filing date of the first application or 
the application considered to be the first application in accordance with Article 
4C(4) of the Paris Convention (meaning the Paris Convention for the 
Protection of Industrial Property of March 20, 1883, as revised at Brussels on 
December 14, 1990, at Washington on June 2, 1911, at Hague on November 
6, 1925, at London on June 2, 1934, at Lisbon on October 31, 1958, and at 
Stockholm on July 14, 1967 --hereinafter the same) or of an application 
recognized as the first application in accordance with Article A(2) of the Paris 
Convention; 
in the case of a patent application containing two or more priority claims under 
Section 41 (1), 43(1), or 43bis(1) or (2), from the earliest date amongst the 
filing dates of the applications whose priorities are so claimed -the same 
meaning as Section 64(1 )]. 
(Amendment of corrected specification or drawings) 
17quater.-(1) A patentee may amend the corrected specification or 
drawings attached to the written demand for a correction under Section 
120quater(2), only within the time limit designated under Section 165 as 
applied under Section 120quater(1) or (3). 
(2). The defendant of a trial under Section 123(1) may amend the 
specification or drawings attached to the written demand for a correction under 
Section 134(2), only within the time limit designated under Section 134(1), 
under Section 165 as applied under Section 134(5) or under Section 153(2). 
(3) The demandant of a trial under Section 126(1) may amend the 
specification or drawings attached to the written demand for a trial under 
Section 126(1), only before he is notified under Section 156(1) (in the case 
where the trial has been reopened under Section 156(2), before he is notified 
again under Section 156(1 )). 
(Invalidation of procedure) 
18.--(1) The. Commissioner of the Patent Office may invalidate a procedure 
when a person whom he has invited to make amendment in accordance with 
Section 17(3) fails to do so within the time limit designated in accordance with 
that subsection or when a person who is to obtain registration of the 
establishmen-t of a patent right fails to pay the annual fees within the time limit IP/N/lIJPN/P/1 
Page 12 
fixed in Section 108(1). 
(2) The Commissioner of the Patent Office may invalidate an application 
for a patent where he has invited the applicant, in accordance with Section 
17(3), to pay the fee under Section 195(3) and the applicant fails to do so 
within the time limit designated in accordance with Section 17(3). 
(Time of submission of request, etc.) 
19.-Where a request, document. or any other matter to be submitted to the 
Patent Office in accordance with this Law, or an order or ordinance thereunder, 
within a specified time limit is sent by mail, the request, document or matter 
shall be deemed to have reached the Office at the date and time when it was 
handed in to a post office, if such date and time are proved by the receipt of 
the mail, or at the date and time on the postmark if they are clearly indicated, 
or at 12.00 p.m. on the date indicated on the postmark if only the date is clear. 
(Succession to effects of procedure) 
20.--The effects of a procedure regarding a patent right or other right relating 
to a patent shall extend to a successor in title. 
(Continuation of procedure) 
21.-Where a patent right or other right relating to a patent is transferred while 
the case is pending in the Patent Office, the Commissioner of the Patent 
Office or the trial examiner-in-chief may continue the procedure concerned on 
behalf of the successor in title. 
(Interruption or suspension of procedure) 
22.--(1) The Commissioner of the Patent Office or the trial examiner shall, in 
regard to a motion for the resumption of a procedure interrupted after the 
transmittal of a ruling, an examiners decision or a trial decision, render a ruling 
as to whether the procedure may be resumed. 
(2) Such a ruling shall be in writing and state the reasons therefor. 
23.--(1) Where a person who is to resume the procedure for an examination a 
trial examination of the opposition to the patent and ruling thereon, a trial or IP/N/lIJPN/P/1 
Page 13 
retrial which has been interrupted fails to do so, the Commissioner of the 
Patent Office or the trial examiner shall, upon a motion or ex officio, order such 
person to resume the procedure and designate an adequate time limit for this 
purpose. 
(2) Where the procedure is not resumed within the time limit designated 
in accordance with the preceding subsection, the resumption may be deemed 
by the Commissioner of the Patent Office or the trial examiner to have 
commenced on the date when the time limit expired. 
(3) When the resumption is deemed to have taken place, in accordance 
with the preceding subsection, the Commissioner of the Patent Office or the 
trial examiner-in-chief shall notify the parties accordingly. 
24.-Sections 208, 209(1), 210, 212(1), 213 to 217, 218(1), 220, 221 and 
222(2) (interruption or suspension of litigation) of the Code of Civil Procedure 
shall apply mutatis mutandis to the procedure with respect to an examination, 
a trial examination of the opposition to the patent and ruling thereon, a trial or 
retrial. In such a case, "process attorney" in Section 213, "court" in Section 
217, "court" in Section 218(1) and 221, and "court" in Section 220 of said Code 
shall read, respectively, "representative entrusted with the examination, trial 
examination of the opposition to the patent and ruling thereon, trial or retrial," 
"Commissioner of the Patent Office or the trial examination-in-chief,1I 
"Commissioner of the Patent Office or the trial examiner," and "Patent Office." 
(Enjoyment of rights by aliens) 
2S.-An alien who is neither domiciled nor a resident (nor established, in the 
case of a legal entity) in Japan shall not enjoy a patent right or other right . 
relating to a patent, except in anyone of the following cases: 
(i) where his country allows Japanese nationals to enjoy patent rights or 
other rights relating to a patent under the same conditions as its own nationals; 
(ii) where his country allows Japanese nationals to enjoy patent rights or 
other rights relat-
ing to a patent under the same conditions as its own nationals provided that 
Japan allows his country's nationals to enjoy such rights; 
(iii) where there are specific provisions in a treaty. IP/NII/JPNIPI 1 
Page 14 
(Effect of treaties) 
26.-Where there are specific provisions relating to patents in a treaty, such 
provisions shall prevail.(Registration in Patent Register) 
27.-(1) The following matters shall be registered in the Patent Register kept 
in the Patent Office: 
(i) the establishment, extension of the term, transfer, extinguishment, 
restoration or restriction on disposal, of a patent right; 
(ii) the establishment, . maintenance, transfer, modification, 
extinguishment or restriction on disposal, of an exclusive or non-exclusive 
license; 
(iii) the establishment, transfer, modification, extinguishment or 
restriction on disposal, of rights in a pledge upon a patent right or an exclusive 
or non-exclusive license. 
(2) The Patent Register, either in whole or in part, may be prepared by 
means of magnetic tapes (including other materials on which matters can be 
accurately recorded by an equivalent method --hereinafter referred to as 
"magnetic tapes"). 
(3) . Other matters relating to registration that are not provided for in this 
Law shall be prescribed by Cabinet Order. 
(Issuance of Certificate of Patent) 
28.--(1) When the establishment of a patent right has been registered or 
when a ruling or trial decision to the effect that the specification or drawings 
attached to the request are to be corrected has become final and conclusive 
and such decision has been registered, the Commissioner of the Patent Office 
shall issue the certificate of patent to the patentee. 
(2) Re-issuance of the certificate of patent shall be prescribed by an 
ordinance of the Ministry of International Trade and Industry. 
Chapter 11 - Patents and Applications for Patents 
(Patentability" of inventions) IP/N/lIJPN/P/1 
Page 15 
29.-(1) Any person who has made an invention which is industrially 
applicable may obtain a patent therefor, except in the case of the following 
inventions: 
(i) inventions which were publicly known in Japan prior to the filing of the 
patent application; 
(ii) inventions which were publicly worked in Japan prior to the filing of 
the patent application; 
(iii) inventions which were described in a publication distributed in Japan 
or elsewhere prior to the filing of the patent application. 
(2) Where an invention could easily have been made, prior to the filing of 
the patent application, by'a person with ordinary skill in the art to which the 
invention pertains, on the basis of an invention or inventions referred to in any 
of the paragraphs of subsection (1), a patent shall not be granted for such an 
invention notwithstanding subsection (1). 
29bis.--Where an invention claimed in a patent application is identical with an 
invention or device (excluding an invention or device made by the same 
person as the inventor of the invention claimed in the patent application) 
disclosed in the specification or drawings originally attached to the request of 
ano.ther application for a patent (in the case of a foreign language file 
application referred to in Section 36bis(2) of this Law, the foreign language file 
referred to in Section 36bis(1) of said Law) or of an application for a utility 
model registration which was filed earlier than the patent application and for 
which the Patent Gazette which states the matter referred to in each 
paragraph of Section 66(3) of the said Law (hereinafter referred to as "the 
Gazette containing the Patent") was published under said subsection or the 
laying open for public inspection (Ko[-G-]kai) was effected or the Utility Model 
Gazette which states the matter referred to in each paragraph of Section 14(3) 
of Utility Model Law (No. 123 of 1959) (hereinafter referred to as "the Gazette 
containing the Utility Model") was published under said subsection after the 
filing of the patent application, a patent shall not be granted for the invention 
notwithstanding Section 29(1). However, this provision shall not apply where, 
at the time of filing of the patent application, the applicant of the patent 
application and the applicant of the other application for a patent or the 
application for a utility model registration are the same person, IP/N/lIJPNlP1l 
Page 16 
(Exceptions to lack of novelty of invention) 
30.-(1) In the case of an invention which has fallen under any of the 
paragraphs of Section 29(1) by reason of the fact that the person having the 
right to obtain a patent has conducted an experiment, has made a 
presentation in a printed publication, or has made a presentation in writing at a 
study meeting held by a scientific body designated by the Commissioner of the 
Patent Office, such invention shall be deemed not to have fallen under any of 
the paragraphs referred to, provided that such person has filed a patent 
application within six months from. the date on which the invention first fell 
under those paragraphs. 
(2) In the case of an invention which has fallen under any of the 
paragraphs of Section 29(1) against the will of the person having the right to 
obtain a patent, the preceding subsection shall also apply, provided that such 
person has filed a patent application within six months from 
the date on which the invention first fell under those paragraphs. 
(3) In the case of an invention which has fallen under any of the 
paragraphs of Section 29(1) by reason of the fact that the person having the 
right to obtain a patent has exhibited the invention at an exhibition held by the 
Government or by any local public entity (hereinafter referred to as the 
"Government, etc.") or at one which is not held by the Government, etc. but is 
designated by the Commissioner of the Patent Office, or at an international 
exhibition held in the territory of a country party to the Paris Convention or of a 
Member of the World Trade Organization by its goverment, etc. or by a person 
authorized thereby, or at an international exhibition held in the territory of a 
country not party to the Paris Convention nor a Member of the World Trade 
Organization by its government, etc. or by a person authorized thereby where 
such country has been designated by the Commissioner of the Patent Office, 
subsection (1) shall also apply, provided that the person having the right to 
obtain a patent has filed a patent application within six months from the date 
on which the invention first fell under those paragraphs. 
(4) Any person who desires the application of subsection (1) or the 
preceding subsection with respect to an invention claimed in a patent 
application shall submit a written statement to that effect to the Commissioner IP/NI 1 IJPN/PI 1 
Page 17 
of the Patent Office simultaneously with the patent application. Within 30 days 
of the filing of the patent application. he shall also submit to the Commissioner 
of the Patent Office a document proving that the invention claimed in the 
patent application is an invention falling under subsection (1) or the preceding 
subsection. 
31.-Deleted. 
(Unpatentable inventions) 
32.--The inventions liable to contravene public order. morality or public health 
shall not be patented, notwithstanding Section 29. 
(Right to obtain patent) 
33.--(1) The right to obtain a patent may be transferred. 
(2) The right to obtain a patent may not be the subject of a pledge. 
(3) A joint owner of the right to obtain a patent may not assign his share 
without the consent of all the other joint owners. 
34.-:--(1) The succession to the right to obtain a patent before the filing of the 
patent application shall not be effective against third persons unless the 
successor in title files the patent application. 
(2) Where two or more applications for a patent are filed on the same 
date, on the basis of the same right to obtain a patent that has been derived by 
succession from the same person. the succession by any person other than 
the one agreed upon by the patent applicants shall not be effective against 
third persons. 
(3) The preceding subsection shall also apply whe're a patent application 
and a utility model application are filed on the same date. on the basis of a 
. right to obtain a patent and utility model registration for the same invention and 
device which has been derived by succession from the 
same person. IP/N/lIJPN/P/1 
Page 18 
(4) The succession to the right to obtain a patent after the filing of the 
patent application shall not take effect unless the Commissioner of the Patent 
Office is notified accordingly, except in the case of inheritance or other general 
succession. 
(5) Upon inheritance or other general succession with respect to a right 
to obtain a patent, the successor in title shall notify the Commissioner of the 
Patent Office accordingly without delay. 
(6) Where two or more notifications are made on the same date, on the 
basis of the same right to obtain a patent that has been derived by succession 
from the same person, a 'notification made by any person other than the one 
agreed upon after mutual consultation among the persons making the 
notifications shall not take effect. 
(7) Section 39(7) and (8) shall apply mutatis mutandis to the cases under 
subsections (2), (3) and (6). 
(Employees' inventions) 
35.--(1) An employer, a legal entity or a state or local public entity (hereinafter 
referred to as the "employer, etc,") shall have a non-exclusive license on the 
patent right concerned, where an employee, an executive officer of a legal 
entity or a national or local public official (hereinafter referred to as the 
"employee, etc.") has obtained a patent for an invention which by reason of its 
nature falls within the scope of the business of the employer, etc. and an act or 
acts resulting in the invention were part of the present or past duties of the 
employee, etc. performed on behalf of the employer, etc. (hereinafter referred 
to as an "employee's invention") or where a successor in title to the right to 
obtain a patent for an employee's invention has obtained a patent therefor. 
(2) In the case of an invention made by an employee, etc. which is not 
an employee's invention, any contractual provision, service regulation or other 
stipulation providing in advance that the right to obtain a patent or the patent 
right shall pass to the employer, etc. or that he shall have an exclusive license 
on such invention shall be null and void. 
(3) The employee, etc. shall have the right to a reasonable remuneration IP/N/lIJPN/P/1 
Page 19 
when he has enabled the right to obtain a patent or the patent right with 
respect to an employee's invention to pass to the employer, etc. or has given 
the employer, etc. an exclusive right to such invention in accordance with the 
contract, service regulations or other stipulations. 
(4) The amount of such remuneration shall be decided by reference to 
the profits that the employer, etc. will make from the invention and to the 
amount of contribution the employer, etc. made to the making of the invention. 
(Applications for patent) 
36.-(1) Any person desiring a patent shall submit a request to the 
Commissioner of the Patent Office stating the following: 
(i) the name and the domicile or residence of the applicant for the patent 
and, in the case of a legal entity, the name of an officer entitled to represent it; 
(ii) the date of submission; 
(iii) the title of the invention; 
(iv) the name and the domicile or residence of the inventor. 
(2) The request shall be accompanied by the specification, any drawings 
necessary and the abstract. 
(3) The specification under subsection (2) shall state the following: 
(i) the title of the invention; 
(ii) a brief explanation of the drawings; 
(iii) a detailed explanation of the invention; 
(iv) patent c1aim(s). 
(4) The detailed explanation of the invention under preceding subsection 
(iii) shall state the invention, as provided for in an ordinance of the Ministry of 
International Trade and Industry, in a manner sufficiently clear and complete 
for the invention to be carried out by a person having ordinary skill in the art to 
which the invention pertains. 
(5) In the patent claim. under SUbsection (3)(iv), there shall be set forth, 
by statements separated on a claim by claim basis, all matters which an 
applicant for a patent considers necessary in defining an invention for which a IP/N/lIJPN/P/l 
Page 20 
patent is sought. In such a case, it shall not preclude the statements of the 
patent claim(s) to be such that an invention claimed in one claim is the same 
as an invention claimed in another claim. 
(6) The statement of the patent c1aim(s) under subsection (3)(iv) shall 
comply with each of the following paragraphs as being: 
(i) statements setting forth the -invention(s) for which patent is sought 
and which is described in the detailed explanation of the invention; 
(ii) statements setting forth the invention(s) for which a patent is sought 
and which is clear; 
(iii) statements setting forth the claim(s) which is concise; 
(iv) statements which are as provided for in an ordinance of the Ministry 
of International Trade and Industry. 
(7) The abstract under subsection (2) shall state the summary of the 
invention disclosed in the specification or drawings and other matters provided 
for in an ordinance of the Mini$try of International Trade and Industry. 
36bis.-(1) Any person desiring a patent may, in lieu of the specification, 
drawings necessary and abstract under preceding Section (2), attach to the 
request a paper stating the matters to be stated in the specification under 
preceding Section (3) to (6) in a foreign language specified in an ordinance of 
the Ministry of International Trade and Industry and any text matter of the 
drawings. in the foreign language (hereinafter referred to as the "foreign 
language file") and a paper stating the matters to be state in the abstract under 
preceding Section (7) in the foreign language (hereinafter referred to as the 
"foreign language abstract"). 
(2) The applicant of an application for a patent to which he has attached 
the foreign language file and foreign language abstract" to the request under 
preceding subsection (hereinafter referred to as the "foreign language file 
application") shall furnish to the Commissioner of the Patent Office a 
translation into Japanese of the foreign language file and foreign language 
abstract within two months from the filing date of the application for a patent. 
(3) Where the translation of the foreign language file (excluding the IP/N/lIJPN/P/1 
Page 21 
drawings) referred to in preceding sUbsection has not been furnished within 
the time limit prescribed in that subsection, the application for a patent shall be 
deemed withdrawn. 
(4) The translation of the foreign language file referred to in subsection 
(2) is deemed to be the specification and drawings as submitted attached to 
the request under preceding Section (-2) and the translation of the foreign 
language abstract referred to in subsection (2) is deemed to be the abstract as 
submitted attached to the request ~nder preceding Section (2). 
37.-Where there are two or more inventions, they may be the subject of a 
patent application in the same request provided that these inventions are of an 
invention claimed in one claim (hereinafter referred to as "the specified 
invention") and of another or other inventions having the relationship as 
indicated below with respect to such specified invention: 
(i) inventions of which the industrial applicability and the problem to be 
solved are the same as those of the specified invention; 
(ii) inventions of which the industrial applicability and the SUbstantial part 
of the features stated in the claim are the same as those of the specified 
invention; 
(iii) . where the specified invention relates to a product, inventions of 
process of manufacturing the product, inventions of process of using the 
product, inventions of process used for handling the product, inventions of 
machine, instruments, equipment or other things used for manufacturing the 
product, inventions of products solely utilizing the specific properties of the 
product, or inventions of things used for handling the product; 
(iv) where the specified invention relates to a process, inventions of 
machines, instruments, equipment or other things used directly in the working 
of the specified invention; 
(v) inventions having ,a relationship as provided for in Cabinet Order. 
(Joint applications) 
38.-Where the right to obtain a patent is owned jointly, the patent may only be 
applied for jointly by all the joint owners. 
(First-to-file rule) 
39.-(1) Where two or more patent applications relating to the same invention IP/NIlIJPNIPI 1 
Page 22 
are filed on different dates, only the first applicant may obtain a patent for the 
invention. 
(2) Where two or more patent applications relating to the same invention 
are filed on the same date, only one such applicant, agreed upon after mutual 
consultation among all the applicants, may obtain a patent for the invention. If 
no agreement is reached or no consultation is possible, none of the applicants 
shall obtain a patent for the invention. 
(3) Where an invention claimed in a patent application is the same as a 
device claimed in a utility model application and the applications are filed on 
different dates, the patent applicant may obtain a patent only if his application 
was filed before the utiilty model application. 
(4) Where an invention claimed in a patent application is the same as a 
device claimed in a utility model application and the "applications are filed on 
the same date, only one applicant, agreed upon after mutual consultation 
between the applicants, may obtain the patent or the utility model registration. 
If no agreement is reached or no consultation is possible, the patent ap-
plicant shall not obtain a patent for the invention. 
(5) Where a patent application or a utility model applications is 
withdrawn or invalidated, such application shall, for the purposes of 
subsections (1) to (4), be deemed never to have been made. 
(6) A patent application or a utility model application filed by a person 
who is neither the inventor nor the creator nor the successor in title to the right 
to obtain a patent or utility model registration shall, for the purposes of 
subsections (1) to (4), be deemed not to be a patent application or a utility 
model application. 
(7) The Commissioner of the Patent Office shall, in the case of 
subsection (2) or (4), order the applicants to hold conSUltations for an 
agreement under SUbsection (2) or (4) and to report the result thereof, within 
an adequate time limit. IP IN 11 IJPN IP 11 
Page 23 
(8) Where the report under the preceding subsection is not made within 
the time limit designated in accordance with that subsection, the 
Commissioner of the Patent Office may deem that no agreement under 
subsection (2) or (4) has been reached. 
40.--0eleted. 
(Priority claim based on patent application, etc.) 
41.--(1) Any person desiring a patent may declare a priority claim for the 
invention claimed in a patent application on the basis of the invention which 
has been disclosed in the specification or drawings originally attached to the 
request (in the case where the earlier application is a foreign language file 
application, in the foreign language file) of a patent or utility model application 
in which he has the right to obtain a patent or utility model registration and 
which has been filed earlier (hereinafter referred to as "earlier application") 
except in the following cases: 
(i) the patent application concerned is not one filed within one year from 
the filing date of the earlier application; 
(ii) the earlier application is a new patent application divided out from a 
patent application under Section 44(1), a patent application converted from an 
application under Section 46(1) or (2), or a new utility model application 
divided out from a utility model application under Section 44(1) of this Law as 
applied under Section 11 (1) of the Utility Model Law or a utility model 
application converted from an application under Section 10(1) or (2) of the 
Utility Model Law; 
(iii) at the time when the patent application concerned is filed, the earlier 
application has been abandoned, withdrawn or invalidated; 
(iv) at the time when the patent application concerned is filed, the 
examiners decision or the trial decision on the earlier application has become 
final and conclusive; 
(v) at the time when the patent application concerned is filed, the 
registration of establishment referred to in Section 14(2) of the Utility Model 
Law with respect to the earlier application has been effected. 
(2) For inventions which are amongst those claimed in a patent 
application containing' a priority claim under subsection (1) and which are 
disclosed in' the specification or drawings (in the case where the earlier IP/NIlIJPN/PI 1 
Page 24 
application is a foreign language file application, the foreign language file) 
originally attached to the request of an earlier application whose priority is so 
claimed 
[in the case where the earlier application contains a priority claim under 
subsection (1) or 
under Section 8(1) of the Utility Model Law or a priority claim under Section 
43(1) or Section 43bis(1) or (2) of this Law (including its application under 
Section 11 (1) of the Utility Model Law), excluding the inventions disclosed in 
the document (limited to those equivalent to the specification and drawings) 
submitted at the time of the filing of the application whose priority is claimed 
for the earlier application]: the patent application concerned shall be deemed 
to 
have been filed at the time when the earlier application was filed, for the 
purposes of Section 29, the principal sentence of Section 29bis and Sections 
30(1) to (3), 39(1) to (4), 69(2)(ii), 72, 79, 81, 82(1), 104 [including its 
application under Section 65(5) (including its application 
under Section 184decies(2))], and 126(4) (including its application under 
Sections 17bis(5), 120quater(3) and 134(5)) of this Law, for the purposes of 
Sections 7(3) and 17 of the Utility Model Law, and for the purposes of Sections 
26, 31 (2), and 32(2) of the Design Law (Law No. 125 of 1959). 
(3) For inventions which are amongst those disclosed in the specification 
or drawings (in the case of a foreign language file application, in the foreign ,. 
language file) originally attached to the request of a patent application 
containing a priority claim under subsection (1) and which are disclosed in the 
specification or drawings (in the case where the earlier application is a foreign 
language file application, the foreign language file) originally attached to the 
request of an earlier application whose priority is so claimed [in the case where 
the earlier application contains a priority claim under that subsection or 
Section 8(1) of the Utility Model Law or a priority claim under Section 43(1) or 
43bis(1) or (2) of this Law (including its application under Section 11 (1) of the 
Utility Model Law), excluding the inventions disclosed in the documents 
(limited to those equivalent to the specification and drawings) submitted at the 
time of the filing of the application whose priority is claimed for the earlier 
application]: the laying open for public inspection or the Gazette containing the 
Utility Model relating to the earler application shall be deemed to have been IP/N/I/JPN/P/l 
Page 25 
effected or published at the time when the publication of the Gazette 
containing the Patent or the laying open for public inspection relating to the 
patent application concerned was published or effected. for the purposes of 
the principal sentence of Section 29bis of this Law or the principal sentence of 
Section 3bis of the Utility Model Law, 
(4) A person desiring to declare a priority claim under subsection (1) 
shall. simultaneously with the patent application. submit to the Commissioner 
of the Patent Office a document s~tting forth a statement to that effect and an 
identification of the earlier application, 
(Withdrawal. etc. of earlier application) 
42.-(1) The earlier application whose priority is claimed under Section 41 (1) 
shall be deemed to have been withdrawn at the expiration of one year and 
three months from the filing date of that earlier application. However. where 
that earlier application has been abandoned. withdrawn or invalidated, where 
the examiner's decision or trial decision on that earlier application has become 
final and conclusive, where the registration of establishment referred to in 
Section 14(2) of the Utility Model Law with respect to the earlier application· 
has been effected, or where all of the priority claims based on that earlier 
appllcation have been withdrawn, this provision shall not apply. 
(2) The applicant of a patent application containing a priority claim under 
Section 41 (1) shall not withdraw the priority claim after the expiration of one 
year and three months from 
the filing date of the earlier application. 
(3) Where the patent application containing a priority claim under 
Section 41 (1) is withdrawn within one year and three months from the filing 
date of the earlier application. the priority cla.im shall be deemed to have been 
withdrawn simultaneousl;:. 
(Priority claim under the Paris Convention) 
43.-(1) A person desiring to declare a priority claim in respect of a patent 
application under 0(1') of Article 4 of the Paris Convention shall, 
simultaneously with the patent application, submit to the Commissioner of the IP/N/1/JPN/Pll 
Page 26 
Patent Office a document setting forth a statement to that effect and specifying 
the country party to the Paris Convention in which the application was first filed, 
or considered under C(4) of said Article to have been first filed, or recognized 
under A(2) of said Article to have been first filed, as well as the filing date of 
such application. 
(2) A person who has declared a priority claim or priority claims by virtue 
of the preceding subsection shall submit a written statement to the 
Commissioner of the Patent Office setting forth the filing date or dates of the 
application or applications, certified by the country party to the Paris 
Convention in which the application or applications were first filed, or 
considered under C(4) of Article 4 of the Paris Convention to have been first 
filed, or recognized under A(2) of said Article to have been first filed, as well as 
a certified copy of each of the specifications and drawings of the inventions or 
a copy of each of the official gazettes or certificates having the same contents 
which have been issued by the government of the member country concerned, 
within one year and four months from the earliest of the following filing dates: 
(i) the filing date of said application first filed, or of said application 
considered under C(4) of Article 4 of the Paris Convention to have been first 
filed or of said application recognized under A(2) of said Article to have been 
first filed; 
(ii) the filing date or dates of said application or applications whose 
priority or priorities are claimed in the case where the patent application 
contains a priority claim or priority claims under Section 41 (1); 
(iii) the filing date or dates of the application whose priority is so claimed, 
where the patent application concerned contains other priority claim under 
subsection (1) or Section 43bis(1) or (2). 
(3) A person who has declared a priority claim by virtue of subsection (1) 
shall, together with the documents referred to in the preceding subsection, 
submit a document to the Commissioner of the Patent Office specifying the 
number of the first application, or the application considered under C(4) of 
Article 4 the Paris Convention or recognized under A(2) of said Article to be 
the first application. However, when the number is not available before the 
submission of the documents referred to in that subsection, he shall submit a 
document setting forth the reason therefor instead of the document referred to 
and shall submit a document specifying the number as soon as it becomes available. IP/N/lIJPN/P/l 
Page 27 
(4) Where a person who has declared a priority claim by virtue of 
subsection (1) fails to submit the documents referred to in subsection (2) 
within the time limit prescribed therein, the priority claim concerned shall lose 
its effect. 
(Priority claim declared as governed by the Paris Convention) 
43bis.-(1) A priority clair:n based on an application which a person 
specified in the left-
hand column of the following table has filed in or for any country specified in 
the right-hand column of the following table may be declared as governed by 
the provisions in Article 4 of the Paris Convention for an patent application: 
Japanese nationals or nationals of country party to the Paris 
Convention (including nationals deemed to be the nationals of the country 
party in accordance with Article 3 of the Paris Convention -hereinafter the 
same in subsection (2)). 
Member of the World Trade Organization 
Nationals of a Member of the World Trade Organization (meaning nationals of 
Members provided for in Article 13 of the Annex IC to the Marrakesh 
Agreement Establishing the World Trade Organization -hereinafter 
the same in subsection (2)). 
Country party to the Paris Convention or Member of the World Trade 
Organization 
(2) A priority claim based on an application which nationals of a country 
which is neither a party to the Paris Convention nor a Member of the World 
Trade Organization (limited to the country which allows Japanese nationals to 
declare a priority claim under the same condition as in Japan and which the 
Commissioner of the Patent Office designates -hereinafter referred to as the 
"specified country" in this subsection) and a priority claim based on an 
application which Japanese nationals or nationals of a country party to the 
Paris Convention or a Member of the World Trade Organization have filed in or IP IN 11 IJPNIP 11 
Page 28 
for any specified country may be declared as governed by the provisions in 
Article 4 of the Paris Convention for an patent application. 
(3) Section 43 shall apply mutatis mutandis to the declaration of a 
priority claim under subsection (1) or (2). 
(Division of patent applications) 
44.-(1) An applicant for a patent may divide a patent application comprising 
two or more inventions into one .or more new patent applications only at the 
time when or within the time limit by which the specification or drawings 
attached to the request may be amended. 
(2) In such a case, the new patent application shall be deemed to have 
been filed at the time of filing of the original application. However, this 
provision shall not apply, where the new patent application is either another 
application for a patent as referred to in Section 29bis of this Law or an 
application for a patent as referred to in Section 3bis of the Utility Model Law 
for the purposes of those sections and of Sections 30(4), 36bis(2), 41 (4) and 
43(1) and (2) (including its application under Section 43bis(3)). 
45 .. -Deleted. 
(Conversion of applications) 
46.--(1) An application for a utility model registration may convert his 
application into a patent application. 
(2) An applicant for a design registration may convert his application into 
a patent application. However, this provision shall not apply after 30 days from 
the transmittal of the examiners first decision that the design application is to 
be refused or after seven years from the filing date of the design application 
(excluding the 30-day period counted from the transmittal of the examiners 
first decision that the design application is to be refused), 
(3) The 30-day period prescribed in the proviso to subsection (2) shall, 
when the time limit prescribed in Section 46(1) of the Design Law has been 
extended in' accordance with Section 4 of this Law as applied under Section IP/N/lIJPN/P/l 
Page 29 
68(1) of the Design Law, be deemed to have been extended only for that 
period as extended. 
(4) Where the conversion of an application under sUbsection (1) or (2) 
has been made, the original application shall be deemed to have been 
withdrawn. 
(5) Section 44(2) shall apply mutatis mutandis to the conversion of an 
application under subsection (1) 9r (2). 
Chapter III -The Examin"ation 
(Examination by examiner) 
47.--(1) The Commissioner of the Patent Office shall have applications for 
patent examined by an examiner. 
(2) The qualifications of examiners shall be prescribed by Cabinet Order. 
(Exclusion of examiners) 
48.:--Section 139(i) to (v) and (vii) shall apply mutatis mutandis to examiners. 
(Examination of patent applications) 
48bis.-The examination of patent applications shall be carried out upon a 
request for examination. 
(Requests for examination) 
48ter.-(1) When a patent application has been filed, any person may, 
within seven years from the date thereof, make a request for examination to 
the Commissioner of the Patent Office. 
(2) With respect to a new patent application resulting from the division of 
a patent application under Section 44(1) or a patent application resulting from 
the conversion of an application under Section 46(1) or (2), a request for 
examination may be made even after the period prescribed in the preceding 
sUbsection (1), but only within 30 days from the division of the patent 
application, 'or the conversion of the application. IP/N/lIJPNIP/l 
Page 30 
(3) A request for examination may not be withdrawn. 
(4) When a request for examination has not been made within the time 
limit prescribed therefor in subsection (1) or (2), the patent application 
concerned shall be deemed withdrawn. 
48quater.-Any person desiring to make a request for examination shall submit 
a written request to the Commissioner of the Patent Office stating the 
following: 
(i) the name and the domicile or residence of the person making the 
request and, in the case of a legal entity, the name of an officer entitled to 
represent it; 
(ii) the date of submission; 
(iii) the patent application in respect of which the request for examination 
is made. 
48quinquies.-(1) The Commissioner of the Patent Office shall, where a 
request for examination has been made before the laying open of the 
application, publish such fact in the Patent Gazette at the time when the 
application is laid open or as soon as possible thereafter; where a request for 
examination has been made after the laying open of the application, he shall 
publish such fact in the Patent Gazette without delay. 
(2) Where a request for examination has been made by a person other 
than the applicant, the Commissioner of the Patent Office shall notify the 
applicant accordingly. 
(Preferential examination) 
48sexies.-When the Commissioner of the Patent Office recognizes that a 
person other than the applicant is commercially working the invention claimed 
in a patent application after the laying open of the application, he may, if 
necessary, direct the examiner to examine the application in preference to 
other patent applications. 
(Examiner's decision of refusal) IP/NI1 IJPN/P/1 
Page 31 
49.-The examiner shall make a decision that a patent application is to be 
refused where it falls under any of the -following paragraphs: 
(i) the amendment to the specification or drawings attached to the 
request does not comply with the requirements under Section 17bis(3); 
(ii) the invention claimed in the patent application is not patentable under 
Section 25, 29, 29bis, 32, 38 or 39(1) to (4); 
(iii) the invention claimed in the patent application is not patentable in 
accordance with the provisions of a treaty; 
(iv) the patent application do~s not comply with the requirements under 
Section 36(3) or (4) and (5) or Section 37; 
(v) when the patent application concerned is a foreign language file 
application, the features dis"closed in the specification or drawings attached to 
the request of the patent application do not remain within the scope of the 
features disclosed in the foreign language document; 
(vi) the applicant for a patent who is not the inventor has not succeeded 
to the right to obtain a patent for the invention concerned. 
(Notification of reasons for refusal) 
50.--When the examiner intends to render a decision that an application is to 
be refused, he shall notify the applicant for the patent of the reasons for refusal 
and. give him an opportunity to submit a statement of his arguments, 
designating an adequate time limit. However, in the case of Section 17bis(1 )(ii), 
this provision shall not apply to the case of a ruling to decline an application 
under Section 53(1). 
(Examiner's decision that a patent is to be granted) 
51.-When the examiner finds no reasons for refusal with respect to the patent 
application, he shall render a decision that a patent is to be granted. 
(Formal requirements of decision) 
52.--(1) The examiner's decision shall be in writing and shall state the 
reasons therefor. 
(2) When the examiner's decision has been rendered, the Commissioner 
of the Patent Office shall transmit a copy of the decision to the applicant. 
52bis.-Deletea. IP/N/lIJPNlPll 
Page 32 
(Declining of amendments) 
53.-(1) In the case of Section 17bis(1 )(ii), where, prior to the transmittal of 
the examiner's decision that a patent is to be granted, it is found that an 
amendment to the specification or 
drawings attached to the request does not comply with Section 17bis(3) to (5), 
the examiner shall decline the amendment by a ruling. 
(2) The ruling to decline an amendment under the preceding subsection 
shall be in writing and shall state the reasons therefor. 
(3) No appeal shall lie from a ruling to decline an amendment under 
subsection (1). However, this provision shall not apply to the examination in a 
trial demanded under Section 121 (1). 
(Relationship with litigation) 
54.--(1) The examination procedure may, if necessary, be suspended, until 
the ruling on the opposition to the patent or the trial decision has become final 
and conclusive or litigation procedure has been concluded. 
(2) Where a suit or motion for provisional attachment or provisional 
disposal has been filed, the court may, if necessary, suspend the litigation 
procedure until the examiner's decision or the trial decision becomes final and 
conclusive. 
55. to 63.-Deleted. 
Chapter Illbis -Laying Open of Applications 
(Laying open of applications) 
64.-(1) After one year and six months from the filing date of an application, 
the Commissioner of the Patent Office shall lay the patent application open for 
public inspection, unless the Gazette containing the Patent has already been 
published. IP/N/lIJPN/P/l 
Page 33 
(2) The laying open for public inspection of a patent application shall be 
effected by publishing the following particulars in the Patent Gazette. However, 
this provision shall not apply to the particulars referred to in paragraphs (iv) to 
(vi) where the Commissioner of the Patent Office recognizes that the 
publication of those particulars in the Patent Gazette is liable to contravene 
public order or morality: 
(i) the name and the domicile or residence of the applicant; 
(ii) the number and date, of the application; 
(iii) the name and the domicil~ or residence of the inventor; 
(iv) the particulars of the specification and the contents of the drawings, 
attached to the request; 
(v) the particulars stated in the abstract attached to the request; 
(vi) in the case of a foreign language file application, the particulars 
stated in the foreign language file and foreign language abstract; 
(vii) the number and the date of the laying open; 
(viii) other nece,ssary particulars. 
(3) In the case where the Commissioner of the Patent Office recognizes 
that a statement of the abstract attached to the request does not comply with 
Section 36(7) or, in other cases where he recognizes it necessary. he may. in 
lieu pf the particulars stated in the abstract under subsection (2)(v). publish 
those prepared by himself. 
(Effects of laying open of applications) 
65.--(1) When an applicant for a patent has, after the laying open of his 
patent application, given a warning with a written statement setting forth the 
contents of the invention claimed in the application, he may claim. against a 
person who has commercially worked the invention. after the warning but 
before the registration of the establishment of the patent right, the payment of 
compensation in a sum of money equivalent to what he would normally be 
entitled to receive for the working of the invention if the invention were 
patented. Even in the absence of the warning, the same shall apply to a 
person who commercially worked the invention before the registration of the 
establishment of the patent right. knowing that the invention was claimed in 
the patent application laid-open for public inspection. 
(2) The right to claim the compensation under subsection (1) may not be IP IN 11/JPN JP 11 
Page 34 
exercised unless after the registration of the establishment of the patent right. 
(3) The exercise of the right to claim the compensation under subsection 
(1) shall not preclude the exercise of the patent right. 
(4) Where a patent application has been abandoned, withdrawn or 
invalidated after the laying open of the patent application, or where the 
examiners decision or a trial decision that the patent application is to be 
refused has become final and conclusive, or where the patent right has 
been deemed never to have existed under Section 112(6) (except where, 
thereafter, the patent right has been deemed to have existed from the 
beginning under Section 121 bis(2)), or where the ruling to revoke the patent 
under Section 11"4(2) has become final and conclusive, or where, with 
exception of the cases coming within the proviso to Section 125, a trial 
decision that the patent is to be invalidated has become final and conclusive, 
the right under subsection (1) shall be deemed never to have been arisen. 
(5) Sections 1 01, 104 and 105 of this Law and Sections 719 and 724 
(tort) of the Civil Code (Law No. 89 of 1896) shall apply mutatis mutandis to 
the ~xercise of the right to claim the compensation under subsection (1). In 
such a case, where a person having the right to claim the compensation has 
become aware, before the registration of the establishment of the patent right, 
of the fact that the invention claimed in the patent application was being 
worked and of the person working the invention, "the time when the injured 
party or his legal representative became aware of such damage and of the 
person causing it" in Section 724 of the said Code shall read "the date of the 
registration of the establishment of the patent right." 
Chapter IV -:-The Patent Right 
1. The Patent Right 
(Registration of establishment of patent right) 
66.-(1) A patent right shall come into force upon registration of its 
. establishment. IP/NIlIJPNlP11 
Page 35 
(2) The establishment of a patent right shall be registered when the 
annual fees for the first to the third years under Section 107(1) have been paid 
or exemption or deferment of such payment has been granted. 
(3) Upon registration under the preceding subsection, the following 
particulars shall be published in the Patent Gazette. However, this provision 
shall not apply to the particulars listed in paragraph (v) where the patent 
application has already been laid open for public inspection: 
(i) the name and the domicile or residence of the patentee; 
(ii) the number and the filing date of the patent application; 
(iii) the name and the "domicile or residence of the inventor; 
(iv) the particulars stated in the specification and the contents of the 
drawings, attached to the request of the application; 
(v) the particulars stated in the abstract attached to the request; 
(vi) the patent number and the date of registration of the establishment; 
(vii) other necessary particulars. 
(4) Section 64(3) shall apply mutatis mutandis where the particulars 
stated in the abstract listed in Section 64(3)(v) are published in the Patent 
Gazette under subsection (3). 
(5) During five months after the date of the publication of the Gazette 
containing the Patent, the Commissioner of the Patent Office shall make the 
application files and their attachments available for public inspection in the 
Patent Office. 
(Term of patent right) 
67.-(1) The term of the patent right shall be 20 years from the filing date of 
the patent application. 
(2) The term of the patent right may be extended, upon application for 
registration of an extension, by a period not exceeding five years if, because of 
the necessity of obtaining an approval or other disposition which is governed 
by provisions j-n laws intended to ensure safety, etc. in the working of the 
patenteainve"rHlon, and' which is provided for in Cabinet Order as being such 
that, in 'view' '6fthe--object ot the rerevant disposition, proceedings, etc .• a IP/N/lIJPN/P/l 
Page 36 
considerable period of time is required for the proper action for the disposition, 
it was not possible to work the patented invention for two years or more. 
(Registration of extension of term of patent right) 
67bis.-(1) A person desiring to apply for registration of an extension of 
the term of a patent right shall submit to the Commissioner of the Patent Office 
an application stating the following matters: 
(i) the name and the domicile or residence of the applicant and, in the 
case of a legal entity, 
the name of an officer entitled to represent it; 
(ii) the Patent Number; 
(iii) the term of the extension applied for (limited to a period of two years 
or more but not exceeding five years); 
(iv) particulars of the disposition as provided for in Cabinet Order referred 
to in Section 67(2). 
(2) The application under the preceding subsection shall be 
accompanied by materials which give reasons for the extension, as provided 
for in an ordinance of the Ministry of International Trade and Industry. 
(3) The application for registration of an extension of the term of a patent 
right shall be made within the time limit prescribed by Cabinet Order counting 
from the date of obtaining the disposition provided for in Cabinet Order 
referred to in Section 67(2). However, the application shall not be made after 
six months prior to the date of expiration of the term of a patent right provided 
for in Section 67(1). 
(4) Where a patent is owned jointly, each of the joint owners may not, 
except jointly with the other owners, apply for registration of an extension of· 
the term' of a patent right. 
(5) Where an application for registration of an extension of the term of a 
patent right is filed, the term of the patent right shall be deemed to have been 
extended; However, this provision shall not apply when the examiners 
decision that the application is to be refused has become final and .conclusive 
or when an extension of the term of the patent right has been registered. IP/NIlIJPN/PI 1 
Page 37 
(6) When an application for registration of an extension of the term of a 
patent right is filed. the matters as set forth under each of the paragraphs in 
subsection (1) shall be published in the Patent Gazette. 
67ter.-(1 ) The examiner shall make a decision that an application for 
registration of an extension of a patent right is to be refused where it falls 
under any of the following paragraphs: 
(i) where it is not deemed, that the obtaining of the disposition as 
provided for in Cabinet Order referred to in Section 67(2) was necessary for 
the working of the patented invention; 
(ii) where the disposition as provided for in Cabinet Order referred to in 
Section 67(2) was not obtained by the patentee, or an exclusive licensee or a 
registered non-exclusive licensee under the patent; 
(iii) where the period of time during which the patented invention could 
not be worked falls short of two years; 
(iv) where the term for which an extension is applied exceeds the period 
of time during which the patented invention could not be worked; 
(v) where the person applying for an extension is not the patentee 
concerned; 
(vi) . where the application does not comply with the requirements of 
Section 67bis(4). 
(2) When the examiner finds no reasons for refusing an application for 
registration of an extension of the term of a patent right, he shall render a 
decision that the registration of the extension is to be made. 
(3) When the decision under the preceding paragraph is rendered, the 
registration is made to the effect that the term of the patent right has been 
extended. 
(4) When the registration under the preceding paragraph is made, the 
following particulars 
shall be published in the Patent Gazette: 
(i) the name and'the domicile or residence of the patentee; 
(ii) the Patent Number; IP/N/lIJPN/P/l 
Page 38 
(iii) the date of the registration of the extension; 
(iv) the term of the extension; 
(v) particulars of the disposition as provided for in Cabinet Order referred 
to in Section 67(2). 
67quater.-Sections 47(1), 48, 50 and 52 shall apply mutatis mutandis to the 
examination of an application for registFation of an extension of the term of a 
patent right. 
(Effects of patent right) 
68.-A patentee shall have an exclusive right to commercially work the 
patented invention. Howe'ver, where the patent right is the subject of an 
exclusive license, this provision shall not apply to the extent that the exclusive 
licensee exclusively possesses the right to work the patented invention. 
(Effects of the term extended patent right) 
68bis.--The effects of the patent right of which the term has been extended 
[including cases in which the term is deemed to be extended under Section 
67bis(5)] shall not extend to acts other than the working of the patented 
invention concerned in respect of the product (where, in the disposition 
concerned, any specific use of such product to be used was specified, the 
product used for such specific use) which was the subject of the disposition as 
provided for in Cabinet Order referred to in·· Section 67(2) and as being the 
ground for the registration of the extension. 
(Limits of patent right) 
69.-(1) The effects of the patent right shall not extend to the working of the 
patent right for the purposes of experiment or research. 
(2) The effects of the patent right shall not extend to the following: 
(i) vessels or aircraft merely passing through Japan or machinery, 
instruments, equipment or other accessories used therein; 
(ii) products existing in Japan prior to the filing of the patent application. 
(3) The effects of the patent right for inventions of medicines (namely, 
products used for the' diagnosis, cure, medical treatment or prevention of 
human disea'ses -hereinafter referred to as "medicines" in this subsection) to IP/N/lIJPNlPll 
Page 39 
be manufactured by mIxing two or more medicines or for inventions of 
processes for manufacturing medicines by mixing two or more medicines shall 
not extend to acts of preparing medicines in accordance with the prescriptions 
of physicians or dentists or to medicines prepared in accordance with the 
prescriptions of physicians or dentists. 
(Technical scope of patented inventioAs) 
70.-(1) The technical scope of a patented invention shall be determined on 
the basis of the statements of th~ patent claim(s) in the specification attached 
to the req uest. 
(2) In the case of the preceding subsection, the meaning of a term or 
terms of the patent claim(s) shall be interpreted in the light of the specification 
excluding the patent claim(s) and the drawings. 
(3) In the case of sUbsections (1) and (2), no statements of the abstract 
attached to the request shall be. taken into account for such purpose. 
71.--(1) A request for interpretation may be made to the Patent Office with 
re?pect to the technical scope of a patented invention. 
(2) Where such a request is made, the Commissioner of the Patent 
Office shall designate three trial examiners to give the requested 
interpretation. 
(3) Proceedings concerning an interpretation other than those provided 
for in the preceding subsection shall be prescribed by Cabinet Order. 
(Relationship with another's patented invention, etc.) 
72.--When a patented invention would utilize another person's patented 
invention, registered utility model or registered design or design similar thereto 
under an application filed prior to the filing date of the patent application 
concerned, or when the patent right conflicts with another person's design right 
under an application for registration of a design filed prior to the filing date of 
the patent application concerned, the patentee, exclusive licensee or non­
exclusive licensee shall not commercially work the patented invention. IP/N/lIJPNlPll 
Page 40 
(Joint patent rights) 
73.-(1) Each of the joint owners of a patent right may neither transfer his 
share nor establish a pledge upon it without the consent of all the other joint 
owners. 
(2) Each of the joint owners may, except as otherwise prescribed by 
contract, work the patented invention without the consent of the other joint 
owners. 
(3) Each of the joint owners may grant neither an exclusive license nor a 
non-exclusive license without the consent of all the other joint owners. 
74. and 75.--Deleted. 
(Extinguishment of patent right in absence of heir) 
76.-A patent right shall be extinguished when there is no person claiming to 
be an heir within the period prescribed by Section 958 of the Civil Code. 
(Exclusive licenses) 
77 .. --(1) A patentee may grant an exclusive license on his patent right. 
(2) An exclusive licensee shall have an exclusive right to commercially 
work the patented invention to the extent laid down in the license contract. 
(3) An exclusive license may be transferred only together with the 
business in which it is worked, or only with the consent of the patentee or in 
the case of inheritance or other general succession. 
(4) An exclusive licensee may establish a pledge or grant a non­
exclusive license on . the exclusive license only with the consent of the 
patentee. 
(5) Section 73 shall apply mutatis mutandis to exclusive licenses. 
(Non-exclusive licenses) IP/N/lIJPN/P/1 
Page 41 
78.-(1) A patentee may grant a non-exclusive license on his patent right. 
(2) A non-exclusive licensee shall have the right to commercially work 
the patented invention to the extent prescribed in this Law or laid down by the 
license contract. 
(Non-exclusive license by virtue of prior use) 
79.-Where, at the time of filing of a patent application, a person who has 
made an invention by himself without knowledge of the contents of an 
invention claimed in the patent application or has learned the invention from a 
person just referred to, has been commercially working the invention in Japan 
or has been making preparations therefor, such person shall have a non­
exclusive license on the patent right under the patent application. Such license 
shall be limited to the invention which is being worked or for which 
preparations for working are being made and to the purpose of such working or 
the preparations therefor. 
(Non-exclusive license due to working prior to registration of demand for 
invalidation 
trial) 
80 .. --(1) A person who falls under any of the following paragraphs and who is 
running a business working an invention in Japan or preparing the business 
before the registration of a demand for a trial under Section 123(1) without 
knowing that the patent falls under the requirements of any of the paragraphs 
of that Section, shall have a non-exclusive license on the invalidated patent 
right or on the exclusive license existing at the time of the invalidation within 
the scope of the invention which is worked or prepared to be worked and within 
the scope of the purposes of the business: 
(i) where one of two or more patents granted for the same invention has 
been invalidated, the original patentee; 
(ii) where his patent has been invalidated and a patent for the same 
invention has been granted to the person entitled to obtain the patent, the 
original patentee; 
(iii) in the case referred to in paragraphs (i) and (ii), a person who, at the 
time of the registration of the demand for a trial under Section 123(1), has an 
exclusive license on 'the patent that has been invalidated or a non-exclusive 
license whIch is effective under Section 99(1) on the patent or exclusive right. IP/N/lIJPN/P/l 
Page 42 
(2) The patentee or the exclusive licensee shall have a right to receive a 
reasonable remuneration as consideration for the non-exclusive license under 
the preceding subsection. 
(Non-exclusive license after expiration of design right) 
81.-Where a design right under an application for a design registration filed 
prior to or on the filing date of a patent application conf1icts with the patent right 
under the patent application and the term of the design right has expired, the 
owner of the expired design right shall, to the extent of such design right, have 
a non-exclusive license on the patent right or the exclusive license existing at 
the time when the design right expired. 
82.--(1) Where a design right under an application for a design registration 
filed prior to or on the filing date of a patent application conf1icts with the patent 
right under the patent application and the term of the design right has expired, 
a person who, at the time of expiration, 
has an exclusive license on the expired design right or a non-exclusive license 
which is effective under Section 99(1), as applied under Section 28(3) of the 
Design Law, against the design right or the exclusive license, shall, to the 
extent of the expired right, have a non-exclusive license on the patent right 
concerned or on the exclusive license existing at the time when the design 
right expired. 
(2) The patentee or the exclusive licensee shall have a right to a 
reasonable remuneration as consideration for the non-exclusive license under 
the preceding subsection. 
(Arbitration decision on grant of non-exclusive license in case of non-working) 
83.-(1) Where a patented invention has not been sufficiently and 
continuously worked during a period of three years or more in Japan, a person 
who intends to work the patented invention may request the patentee or the 
exclusive licensee to hold consultations on the grant of a non-exclusive license 
thereon. However, this provision shall not apply unless four years have 
elapsed since the filing ·date of the application corresponding to the patented 
invention. IP/N/lIJPNlP1l 
Page 43 
(2) If no agreement is reached or no consultation is possible under the 
preceding subsection. a person who intends to work the patented invention 
may request the Commissioner of the Patent Office for an arbitration decision. 
(Submission of written reply) 
84.-Where a request has been made for arbitration under Section 83(2), the 
Commissioner of the Patent Office shall transmit a copy of the written request 
to the patentee or exclusive licensee mentioned in the request or to other 
persons having any registered rights relating to the patent and shall give them 
an opportunity to submit a written reply. designating an adequate time limit. 
(Hearing of Industrial Property Council. etc.) 
85.--(1) Before rendering an arbitration decision under Section 83(2). the 
Commissioner of the Patent Office shall hear the views of the Council to be set 
up by Cabinet Order. 
(2) Where there is a legitimate reason for the failure to sufficiently work 
the patented invention. the Commissioner of the Patent Office shall not render 
an arbitration decision ordering a non-exclusive license to be granted. 
(Formal requirements of arbitration) 
86.--(1) The arbitration decision under Section 83(2) shall be in writing and 
shall state the reasons therefor. 
(2) An arbitration decisioin ordering a non-exclusive license to be 
granted shall set forth the following: 
(i) the scope of the non-exclusive license; 
(ii) the consideration for the license and the method and time of 
payment. 
(Transmittal of copy of arbitration decision) 
87.--(1) A copy of an arbitration decision rendered under Section 83(2) shall 
be transmitted by the Commissioner of the Patent Office to the parties and 
other persons having any 
registered rigHts relating to the patent. IP IN Il/JPN IP 11 
Page 44 
(2) When a copy of an arbitration decision ordering a non-exclusive 
license to be granted has been transmitted to the parties under the preceding 
subsection, an agreement in the terms of the arbitration decision shall be 
deemed to have been reached by the parties. 
(Deposit of consideration) 
88.-A person who is to pay a remuneration as consideration under Section 
86(2)(ii) shall make a deposit of it in the following case: 
(i) where the person to receive the remuneration is unwilling or unable to 
receive it; 
(ii) where an action' under Section 183(1) has been instituted with 
respect to the remuneration; 
(iii) where the patent right or the exclusive license is the subject of a 
pledge. However, this provision shall not apply where the consent of the 
pledgee has been obtained. 
(Lapse of arbitration decision) 
89.-Where a person who desires a non-exclusive license fails to payor 
deposit the remuneration (or the first instalment thereof where payment is to 
be Glade periodically or by instalments) within the time prescribed in the 
arbitration decision under Section 83(2), the arbitration decision ordering the 
non-exclusive license to be granted shall lose its effect. 
(Cancellation of arbitration decision) 
90.-(1) After rendering an arbitration decision ordering a non-exclusive 
license to be granted, when the reason for the arbitration decision is no longer 
applicable or circumstances have otherwise changed and it has become to be 
impossible to sufficiently support the arbitration decision or a person who has 
abtained a non-exclusive license under the arbitration decision fails to work the 
patented invention sufficiently, the Commissioner of the Patent Office may 
cancel the arbitration decision upon the request of the interested person or ex 
officio. 
(2) Sections 84, 85(1), 86 and 87 shall apply mutatis mutandis to the 
cancellation of the arbitration decision under preceding subsection and 
Section 85(2)' shall apply mutatis mutandis to the cancellation of the arbitration IP IN I lIJPN /P 11 
Page 45 
decision under preceding subsection when the person who has obtained a 
non-exclusive license under the arbitration decision fails to work the patented 
invention sufficiently. 
9 1.--When an arbitration decision has been cancelled under Section 90(1), the 
non-exclusive license shall be extinguished. 
(Restriction on objections to arbitration decision) 
91 bis.-Objections to the remuneration fixed in an arbitration decision under 
Section 83(2) may not be made a ground for a request for reconsideration of 
the decision under the Administrative Appeal Law (Law No. 160 of 1962). 
(Arbitration decision on grant of non-exclusive license on one's own patented 
invention) 
92.-(1) Where a patented invention falls under any of the cases provided for 
in Section 72, the patentee or the exclusive licensee may request the other 
person referred to in that section to hold consultations on the grant of a non­
exclusive license to work the patented invention or 
of a non-exclusive license on the utility model right or the design right. 
(2) The other person referred to in Section 72 who has been requested 
to hold the consultations under the preceding subsection may request the 
patentee or the exclusive licensee having requested the consultations to hold 
consultations on the grant of a non-exclusive license within the scope of the 
patented invention which the patentee or exclusive licensee desires to work by 
obtaining the non-exclusive license on the patent right, the utility model right or 
the design right through the consultations requested by the patentee or the 
exclusive licensee. 
(3) If no agreement is reached or no consultation is possible under 
subsection (1), the patentee or the exclusive licensee may request the 
Commissioner of the Patent Office for an arbitration decision. 
(4) If no agreement is reached or no consultation is possible under 
subsection (2) and an arbitration under the preceding subsection is requested, 
the other pers'on referred to in Section 72 may request the Commissioner of IP/NIlIJPNIPI 1 
Page 46 
the Patent Office for an arbitration decision only within the time limit which the 
Commissioner of the Patent Office designates as the time limit for the other 
person to submit a written reply in accordance with Section 84 as applied 
under subsection (7). 
(5) If, in the case of subsection (3) or the preceding subsection, the grant 
of a non-exclusive license would unduly ~njure the interests of the other person 
referred to in Section 72 or the patentee or exclusive licensee, the 
Commissioner of the Patent Offiqe shall not render an arbitration decision 
ordering a non-exclusive license to be granted. 
(6) In the case of subsection (4) in addition to the case provided for in 
the preceding subsection, the Commissioner of the Patent Office shall not 
render an arbitration decision ordering a non-exclusive license to be granted if 
an arbitration decision ordering a non-exclusive license to be granted is not 
rendered with respect to the request for the arbitration decision under 
subsection (3). 
(7) Sections 84, 85(1) and 86 to 91 bis shall apply mutatis mutandis to 
the arbitration under SUbsection (3) or (4). 
(Arbitration decision on grant of non-exclusive license in public interest) 
93.-(1) Where the working of a patented invention is particularly necessary in 
the public interest, a person who intends to work the invention may request the 
patentee or the exclusive licensee to hold consultations on the grant of a non­
exclusive license. 
(2) If no agreement is reached or no consultation is possible under the 
preceding subsection, a person who intends to work the patented invention 
may request the Minister for International Trade and Industry for an arbitration 
decision. 
(3) Sections 84, 85(1) and 86 to 91 bis shall apply mutatis mutandis to 
the arbitration under the preceding subsection. 
(Transfer, etc. of non-exclusive license) 
94.-(1) A non-exclusive license, with the exception of one which results from IP/N/lIJPN/P/l 
Page 47 
an arbitration decision under Section 83(2), 92(3) or (4) or Section 93(2) of this 
Law, Section 22(3) of the Utility Model Law or Section 33(3) of the Design Law, 
may be transferred, but only together 
with the business in which it is worked or only with the consent of the patentee 
(or the patentee and the exclusive licensee in the case of a non-exclusive 
license on an exclusive license). 
(2) A non-exclusive licensee may, except in the case of a non-exclusive 
license resulting from an arbitration decision under Section 83(2), 92(3) or (4) 
or 93(2) of this Law, Section 22(3) of the Utility Model Law or Section 33(3) of 
the Design Law, establish" a pledge on the non-exclusive license, but only with 
the consent of the patentee (or the patentee and exclusive licensee in the case 
of a non-exclusive license on an exclusive license). 
(3) A non-exclusive license resulting from an arbitration decision under 
Section 83(2) or 93(2) may be transferred only together with the business in 
which it is worked. 
(4) A non-exclusive license resulting from an arbitration decision under 
Section 92(3) of this Law, Section 22(3) of the Utility Model Law or Section 
33(3) of the Design Law shall be transferred together with the patent, utility 
model or design rig-ht to which the non-exclusive license is entitled, and if such 
right has been transferred independently from the business in which it is 
worked or extinguished, the non-exclusive license shall be extinguished 
simultaneously. 
(5) A non-exclusive license resulting from an arbitration decision under 
Section 92(4) shall be transferred together with the patent, utility model or 
design right to which the non-exclusive license is entitled and shall be 
extinguished at the same time as the patent, utility model right or design right. 
(6) Section 73(1) shall apply mutatis mutandis to non-exclusive license. 
(Pledges) 
95.--Where a patent 'right or an exclusive or non-exclusive license is the 
subject of a' peldge, the pledgee may not work the patented invention except IP/N/lIJPN/PIl 
Page 48 
as otherwise provided by contract. 
96.-A pledge on a patent right or an exclusive or non-exclusive license may be 
exercised against the remuneration received as consideration for the patent 
right or the license or against money or goods that the patentee or exclusive 
licensee would be entitled to receive for the working of the patented invention. 
However, an attachment order shall be obtained prior to the payment or 
delivery of the money or property. 
(Surrender of patent right. etc.) 
97.-(1) Where there is an exclusive licensee, pledgee or non-exclusive 
licensee under Section 35(1), 77(4) or 78(1), a patentee may surrender his 
patent right only with the consent of such person. 
(2) Where there is a pledgee or non-exclusive licensee under Section 
77(4), an exclusive licensee may surrender his license only with the consent of 
such person. 
(3) Where there is a pledgee, a non-exclusive licensee may surrender 
his license only with the pledgee's consent. 
(Effects of registration) 
98.--(1) The following shall be of no effect unless they are registered: 
(i) transfers (otherwise than by inheritance or other general succession), 
extinguishment by 
surrender or restrictions on disposal of a patent right; 
(ii) the grant, transfer (otherwise than by inheritance or other general 
succession), modification or extinguishment (otherwise than on a merger or on 
the extinguishment of the patent right) of an exclusive license, or a restriction 
on the disposal thereof; 
(iii) the grant, transfer (otherwise than by inheritance or other general 
succession), modification or extinguishment (otherwise than on a merger or on 
the extinguishment of a secured credit) of a pledge on a patent right or 
exclusive license, or a restriction on the disposal thereof. 
(2) Inheritance or other general succession under any of the preceding IP/NI 1 IJPN/PI 1 
Page 49 
paragraphs shall be notified to the Commissioner of the Patent Office without 
delay. 
99.-(1) Once a non-exclusive license has been registered, it shall also be 
effective against anyone subsequently acquiring the patent right or the 
exclusive license or an exclusive license on such a patent right. 
(2) A non-exclusive license under Section 35(1), 79, 80(1), 81, 82(1) or 
176 shall be effective as under the preceding subsection without registration. 
(3) The transfer, modification, extinguishment or restriction on disposal 
of a non-exclusive license or the grant, transfer, modification, extinguishment 
or restriction on dis·posal of a pledge relating to a non-exclusive license shall 
not be effective against any third party unless it is registered.2. Infringement 
(I njunction) 
100.-(1) A patentee or exclusive licensee may require a person who is 
infringing or is likely to infringe the patent right or exclusive license to 
discontinue or refrain from such infringement. 
(2) . A patentee or an exclusive licensee who is acting under the 
preceding subsection may demand the destruction of the articles by which the 
act of infringement was committed (including the articles manufactured by the 
act of infringement in the case of a pat.ented invention of a process of 
manufacture), the removal of the facilities used for the act of infringement, or 
other measures necessary to prevent the infringement. 
(Acts deemed to be infringement) 
101.--The following acts shall be deemed to be an infringement of a patent 
right or exclusive license: 
(i) in the case of a patent for an invention of produce acts of 
manufacturing, assigning, leasing, importing or offering for assignment or 
lease of, in the course of trade, article to be used exclusively for the 
manufacture of the product; 
(ij) in the case of a patent for an invention of a process, acts of 
manufacturing, assigning, leasing, importing or offering for assignment or 
lease of, in the course of trade, article to be used exclusively for the working of IP/N/lIJPNlPll 
Page 50 
such invention. 
(Presumption. etc. of amount of damage) 
102.-(1) Where a patentee or exclusive licensee claims. from a person who 
has intentionally or negligently infringed the patent right or exclusive license, 
compensation for damage caused to-him by the infringement. the profits 
gained by the infringer through the infringement shall be presumed to be the 
amount of damage suffered by the patentee or exclusive licensee. 
(2) A patentee or exclusive licensee may claim. from a person who has 
intentionally or negligently infringed the patent right or exclusive license. an 
amount of money which he would normally be entitled to receive for the 
working of the patented invention. as the amount of damage suffered by him. 
(3) The preceding subsection shall not preclude a claim to damages 
exceeding the amount referred to therein. In such a case. where there has 
been neither wilfulness nor gross negligence on the part of the person who has 
infringed the patent right or the exclusive license. the court may take this into 
consideration when awarding damages. 
(Presumption of negligence) 
1 03.-A person who has infringed a patent right or exclusive license of another 
person shall be presumed to have been negligent as far as the act of 
infringement is concerned. 
(Presumption of manufacture by patented process) 
1 04.-ln the case of a patent for an invention of a process of manufacutring a 
product, where such product was not publicly known in Japan prior to the filing 
of the patent application concerned, any identical product shall be presumed 
to have been manufactured by that process. 
(Production of documents) 
10S.-ln litigation relating to the infringement of a patent right or exclusive 
license, the court may, upon the request of a party. order the other party to 
produce documents necessary for the assessment of the damage caused by 
the infringement. However, this provision shall not apply when the person IP/NI lIJPN/PI 1 
Page 51 
possessing the documents has a legitimate reason for refusing to produce 
them. 
(Measures for recovery of reputation) 
106.-Upon the request of a patentee or exclusive licensee. the court may. in 
lieu of damages or in addition thereto, order a person who has injured the 
business reputation of the patentee Of exclusive licensee by infringing the 
patent right or exclusive license. whether intentionally or negligently. to take 
the measures necessary for the reGovery of the business reputation.3. 
Annual Fees 
(Annual fees) 
107.--(1) A person who obtains registration of the establishment of a patent 
right or a patentee shall pay. as annual fees. the amount specified in the right­
hand column of the following table corresponding to the relevant period in the 
left-hand column, for each case and for each year from the date of the 
registration of the establishment of the patent right to the expira-
tion of the term (where the term is extended by virtue of Section 67(2), the 
added extension term) under Section 67(1): 
Division of year Amounts 
First to third year Annually, *013,000 plus *01,400 per claim 
Fourth to sixth year 
Seventh to nineth year 
Tenth to twelfth year Annually, *020.300 plus *02,100 per claim 
Annually, *040,600 plus *04,200 per claim 
Annually, *081,200 plus *08,400 per claim 
Thirteenth to fifteenth year Annually, *0162,400 plus *016.800 per claim 
Sixteenth to eighteenth year Annually. *0324.800 plus *033,600 per 
claim 
Nineteenth to tvJenty-first year Annually, *0649.600 plus *067,200 per 
claim 
Twenty-second to twenty-fifth year Annually, *01.299,200 plus *0134,400 
per claim 
(2) The preceding subsection shall not apply to patent rights belonging to 
the State. IP/NIlIJPNlP1 1 
Page 52 
(3) The payment of the annual fees under subsection (1) shall be made 
by patent revenue stamps as prescribed by an ordinance of the Ministry of 
International Trade and Industry. 
(Time limit for payment of annual fees) 
108.-(1) The annual fee for each year from the first to third years under 
Section 107(1) shall be paid in a lump sum within 30 days from the date of 
transmittal of the examiner's deci.sion or the trial decision that the patent is to 
be granted. 
(2) The annual fee for each year from the fourth and subsequent years 
under Section 107(1) shall be paid during the preceding year or prior thereto. 
However, where the date of transmittal of the examiners decision or trial 
decision that the registration of a extention of the term of a patent right is to be 
made (hereinafter referred to in this subsection as the "date of transmittal") is 
later than a date which is thirty days prior to the last day of the year in which 
the day of the expiration of the patent right would fall if there had been no 
registration of an extention, the annual fee shall be paid in lump sum, for each 
year from the year following that year to the year in which the date of 
transmittal fall (where there are less than thirty days from the date of 
transmittal to the last day of the year in which the day of transmittal falls, to the 
year following that year in which the date of transmittal falls). 
(3) Upon the request of a person liable to pay an annual fee, the 
Commissioner of the Patent Office may extend the period prescribed in 
subsection (1) by a period not exceeding 30 days. 
(Reduction or deferment of payment of annual fees or exemption therefrom) 
1 09.--Where the Commissioner of the Patent Office recognizes that a person 
liable to pay an annual fee for each year from the first to the third years 'under 
Section 107(1) is the inventor of the patented invention or the inventor's heir 
and that he cannot afford to pay the annual fees, he may reduce such fees or 
grant an exemption from payment or deferment of payment 
as.prescribed by Cabinet Order. (Payment of annual fees by an interested person) IP/NI1 IJPN/P/l 
Page 53 
110.-(1) An interested person may pay an annual fee even against the will of 
the person liable to pay. 
(2) An interested person who has paid an annual fee in accordance with 
the preceding subsection may demand reimbursement of the expenditure to 
the extent that the person liable to pay is actually making a profit. 
(Refund of annual fees) 
111.--(1) Annual fees shall be refunded. upon the request of the person who 
paid them, only in the following cases: 
(i) annual fees paid by mistake or in excess; 
(ii) the annual fees for the year following the year in which a ruling to 
revoke the patent under Section 114(2) or a trial decision that the patent is to 
be invalidated became final and conclusive and subsequent years; 
(iii) The annual fee for the year following the year in which the trial 
decision that the registration of an extension of the term of a patent right is to 
be invalidated became final and conclusive. and subsequent years (limited to 
that for the year following the year in which the day of the expiration of the term 
of the patent right would fall if there had been no registration of the extension 
and subsequent years). 
(2) No refund of annual fees under the preceding subsection may be 
requested after one year from the date of payment in the case of annual fees 
under paragraph (i) above, or after six months from the date on which a ruling 
to revoke the patent under Section 114(2) or a trial decision became final and 
conclusive in the case of annual fees under paragraphs (ii) and (iii) above. 
(Late payment of annual fees) 
112.--(1) Where a patentee is unable to pay an annual fee within the time limit 
prescribed in Section 108(2) or within the time limit for deferred payment under 
Section 109. he may pay the annual fee belatedly within six months from the 
expiration of that time limit. 
(2) In the case of late payment of an annual fee in accordance with the 
preceding subsection. 'the patentee shall. in addition to the annual fee provided 
for in Section 107(1). pay a surcharge of the same amount as the annual fee. IP/N/lIJPN/P/l 
Page 54 
(3) The payment of the surcharge referred to in the preceding subsection 
shall be made by patent revenue stamps as prescribed by an ordinance of the 
Ministry of International Trade and Industry. 
(4) Where a patentee fails to pay within the time limit for late payment 
under subsection (1) an annual fee due by the time limit prescribed in the 
principal sentence of Section 108(2) as well as the surcharge under 
subsection (2), the patent right shall be deemed to have been extinguished 
retroactively from the time of the expiration of the time limit prescribed in the 
principal sentence of Section 108(2). 
(5) Where a patentee fails to pay an annual fee under Section 108(2) 
and the surcharge under subsection (2) within the time limit for late payment 
under subsection (1), the patent right shall 
be deemed to have been extinguished retroactively from the time of the 
lapsing of the year in which the day of the expiration of the term of the patent 
right would fall if there had been no registration of the extension. 
(6) Where a patentee fails to pay an annual fee whose payment h"as 
been deferred under Section 109, and the surcharge under subsection (2), 
within the time limit for late payment under subsection (1), the patent right 
shall be deemed never to have existed. 
(Restoration of patent right by late payment of annual fees) 
112bis.-(1) Where the patent right is one which was deemed to have 
been extinguished under Section 112(4) or (5) or which was deemed never to 
have existed under Section 112(6) and the owner of the extinguished patent 
right is unable to pay an annual fee and surcharge belatedly within the time 
limit for late payment under Section 112(1) due to reasons outside his control, 
he may pay the annual fee and surcharge referred to in Section 112(4) to (6) 
within 14 days (where he is a resident abroad, within two months) from the 
date on which the reasons ceased to be applicable but not later than six 
months following the expiration of said time limit. 
(2) Where the annual fee and surcharge have been paid in accordance IP/N/lIJPN/P/l 
Page 55 
with preceding subsection, the patent right shall be deemed to have been 
maintained retroactively from the time of the expiration of the time limit 
prescribed in the principal sentence of Section 108(2) or the lapsing of the year 
in which the day of the expiration of the term of the patent right falls or existed 
from the beginning. 
(Restriction on effects of patent right restored) 
112ter.--(1) Where a patent right has been restored under preceding 
Section (2), if the patent has bee~ granted for the invention of a product, the 
effects of the patent right shall not extend to the product which was imported 
into, or manufactured or acquired in Japan after the expiration of the time limit 
for late payment under Section 112(1) but before the registration of the 
restoration of the patent right. 
(2) The effects of patent right restored under preceding Section (2) shall 
not extend to the following acts after the expiration of the time limit for late 
payment under Section 112(1) but before the registration of the restoration of 
the patent right: 
(i) the working of the invention; 
(ii) in the case of a patent for an invention of product, acts of 
mar)ufacturing, assigning, leasing, importing or offering for assignment or 
lease of the article to be used exclusively for the manufacture of the product; 
(iii) in the case of a patent for an invention of a process, acts of 
manufacturing, assigning, leasing, importing or offering for assignment or 
lease of the article to be used exclusively for the working of the invention. 
o IP/NIlIJPN/PI1 
Page 56 
Chapter V --Opposition to the Patent 
(Opposition to the patent) 
113.--0nly within six months from the publication of the Gazette containing the 
patent, any person may file with the Commissioner of the Patent Office an 
opposition to the patent on the grounds that the patent falls under any of the 
undermentioned paragraphs. In this context, if there are two or more claims, the 
opposition may be filed for each claim. That is: 
(i) where the patent has been granted on a patent application (excluding 
any foreign language file application) with an amendment which does not 
comply with the requirements of 
Section 17bis(3); 
(ii) where the patent has been granted contrary to Section 25, 29, 29bis, 32 
or 39 (1) to (4); 
(iii) where the patent has been granted contrary to the provisions of a treaty; 
(iv) where the patent has been granted on a patent application which does 
not comply with the requirements of Section 36(4) or (6) [excluding (iv)]; 
(v) where the features disclosed in the specification or drawings attached to 
a request with respect to the patent under a foreign language file application do 
not remain within the scope of the features disclosed in the foreign language file. 
(Ruling) 
114.-(1) A trial concerning an opposition and ruling thereon shall be 
conducted by a collegial body of three or five trial examiners. 
(2) Where it is found that a patent concerned in the opposition falls· under 
any of the paragraphs in the preceding Section, the trial examiners shall render 
a ruling that the patent is to be revoked (hereinafter referred to as "ruling to 
revoke"). 
(3) Where a ruling to revoke has become final and conclusive, the patent 
right shall be deemed never to have existed. 
(4) Where it is not found that a patent concerned in the opposition falls 
under any of the paragraphs in the preceding Section, the trial examiners shall 
render a ruling that the patent is to be maintained. IP IN I lIJPN IP /l 
Page 57 
(5) No appeal shall lie from a ruling under subsection (4). 
(Formal requirements of an written opposition, etc.) 
115.-(1) A person filing an opposition shall submit a written opposition to 
the Commissioner of the Patent Office stating the following: 
(i) the name and the domicile or residence of the opponent and his 
representative and, in the case of a -legal entity, the name of an officer 
representing it; 
(ii) an identification of the patent concerned in the opposition; 
(iii) the grounds of the opposition and an indication of the supporting 
evidence. 
(2) An amendment of the written opposition submitted under the preceding 
subsection 
after the expiration of the time limit prescribed in the preceding Section shall not 
change the gist thereof. 
(3) The trial examiner-in-chief shall transmit a copy of the written opposition 
to the patentee. 
(4) Section 123(3) shall apply mutatis mutandis where the opposition has 
been filed. 
(Designation of trial examiners, etc.) 
116.-Sections 136(2) and 137 to 144 shall apply mutatis mutandis to the 
collegial body and trial examiners constituting thereof under Section 114(1). 
(Conduct of trial examination, etc.) 
117.--(1) The trial examination of the opposition shall be conducted by 
documentary examination. However, the trial examiner-in-chief may decide to 
conduct the trial by oral trial on a motion by patentee, opponent of intervenor or 
ex officio. 
(2) Sections 145(3) and (4), 146 and 147 shall apply mutatis mutandis to 
the oral examination in accordance with the proviso to the preceding subsection. IP/NIlIJPN/PI 1 
Page 58 
(3) Where there is a ground for interruption or suspention of the trial 
proceedings of an opposition and ruling thereon the part of one of the joint 
owners of a patent right the interruption or suspention shall have effect on all of 
them. 
(Intervention) 
118.-(1) Any person who has a-right with respect to the patent right or 
any other person who has an interest in the patent right may intervene in the trial 
examination, in order to assist the. patentee, until the ruling of the opposition. 
(2) Sections 148(4) and (5) and 149 shall apply mutatis mutandis to the 
intervenor under the preceding subsection. 
(Taking of evidence and preservation thereof) 
119.-Sections 150 and 151 shall apply mutatis mutandis to the examination and 
preservation of evidence in a trial examination of opposition. In such a case. the 
last sentence in Section 151 of this law shall read in such a case. "the facts that 
the party admitted in court and the obvious facts therein" in Section 257 of the 
Code of Civil Procedure and "deposit the security money of ... the truthfulness of 
the assertion" in Section 267(2) of the Code shall read. respectively, "the 
obv.ious facts" and "truthfulness of the assertion" and "where trial court cannot 
get a conviction by the examination of evidence" in Section 336 of the Code of 
Civil Procedure" shall read "the trial examiner-in-chief." 
(Trial examination ex officio) 
120.-(1) In a trial examination of an opposition, even the grounds that 
have not been pleaded by a patentee, an opponent or intervenor may be 
examined. 
(2) In a trial examination of an opposition, only the claims sought by the 
opponent may be considered in the trial examination. 
(Combination or separation of trial examination) 
120bis.-(1) The trial examinations of two or more oppositions concerning 
the same patent right shall be combined, unless the special circumstances 
exist. IPIN/lIJPN/P/l 
Page 59 
(2) Trial examinations that have been combined under the preceding 
subsection may later 
be conducted separately. 
(Withdrawal of oppositions) 
120ter.--(1) An opposition to the patent may not be withdrawn after the 
notification under Section 120quater(1). 
(2) Section 155(3) shall apply mutatis mutandis to the withdrawal of the 
opposition. 
(Submission of arguments, etc.) 
120quater.-(1) When the trial examiner-in-chief intends to render a ruling to 
revoke, he shall notify the patentee and intervenor of the reasons for revocation 
of the patent and give them an opportunity to submit a statement of their 
arguments designating an adequate time limit. 
(2) The patentee may demand a correction of the specification or drawings 
attached to the request only within the time limit designated under the preceding 
subsection. However, such correction is limited to the following: 
(i) the restriction of a claim or claims; 
(ii) the correction of errors in the description or incorrect translations; 
(iii) the clarification of an ambiguous description. 
(3) Sections 126(2) to (4), 127, 128, 131, 132(3) and (4) and 165 shall apply 
mutatis mutandis to the case of the preceding subsection. 
(Formal requirements of ruling) 
120quinquies.-(1) The ruling on the opposition shall be in writing and shall 
state the particulars mentioned below, and the trial examiners who have 
rendered the ruling shall have their names and seals affixed thereto: 
(i) the number of the opposition case; 
(ii) the name and the domicile or residence of the patentee, opponent and 
intervenor as well as of their representatives; 
(iii) the identification of the patent relating to the ruling; 
(iv) the conclusions of the ruling and the reasons therefor; IP/NIlIJPN/PI 1 
Page 60 
(v) the date of the ruling. 
(2) Once the ruling has been rendered, the Commissioner of the Patent 
Office shall transmit it to the patentee, opponent, intervenor and persons whose 
demand to intervene has been refused. 
(Application mutatis mutandis of provisions on trial) 
120sexies.-(1) Sections 133, 134(4), 135, 152, 168, 169(3) to (6) and 170 shall 
apply 
mutatis mutandis to the trial examination of the opposition and the ruling 
thereon. 
(2) Section 114(5) shall apply mut~tis mutandis to the ruling under Section 
135 as applied under the preceding subsection. 
Chapter VI -Trial 
(Trial against examiners decision of refusal) 
121.-(1) A person who has received the examiner's decision that his 
application is to be refused and is dissatisfied may demand a trial thereon within 
30 days from the transmittal of the examiners decision. 
(2) Where, due to reasons outside his control, a person is unable to 
demand a trial under the preceding subsection within the time limit prescribed 
therein, he may, notwithstanding that subsection, make the demand within 14 
days (where he is a resident abroad, within two months) from the date when the 
reasons ceased to be applicable but not later than six months, following the 
expiration of the said time limit. 
122.-Deleted. 
(Trial for invalidation of patent) 
123.-(1) In the following cases, a trial may be demanded for the 
invalidation of a patent. In this context, if there are two or more claims, a trial 
may be demanded for each claim. The cases referr~d to are: 
(i) where the patent has been granted on a patent application (excluding a IP/NIlIJPN/PI 1 
Page 61 
foreign language file application) with an amendment which does not comply 
with the requirements of Section 17bis(3); 
(ii) where the patent has been granted contrary to Section 25, 29, 29bis, 32, 
38 or 39(1) to (4); 
(iii) where the patent has been granted contrary to the provisions of a treaty; 
(iv) where the patent has been granted on a patent application which does 
not comply with the requirements of Section 36(4) or (6) (excluding paragraph 
(iv)); 
(v) where the features disclosed in the specification or drawings attached to 
the request with respect to the patent under a foreign language file' application 
does not remain within the scope of the features disclosed in the foreign 
language file; 
(vi) where the patent has been granted on a patent application filed by a 
person who is not the inventor and has not succeeded to the right to obtain a 
patent for the invention concerned; 
(vii) where, after the grant of the patent, the patentee has become a person 
who can no longer enjoy a patent right under Section 25 or the patent no longer 
complies with a treaty; 
. (viii) where the correction of the specification or drawings attached to the 
request with respect to the patent has been made contrary to the proviso to 
Section 126(1), Section 126(2) to (4) (including its application under Section 
134(5)), or the proviso to Section 134(2). 
(2) Even after the extinguishment of a patent right, a trial under the 
preceding subsection may be demanded. 
(3) Where a trial under subsection (1) has been demanded, the trial 
examiner-in-chief shall notify the exclusive licensee with respect to the patent 
right and other persons who have any registered rights relating to the patent. 
124.-Deleted. 
125.-Where a trial decision that a patent is to be invalidated has become final 
and conclusive, the patent right shall be deemed never to have existed. 
However, where a patent falls under paragraph (vii) of Section 123(1) and a trial 
decision that the patent is to be invalidated has become final and conclusive, the IP/N/I/JPN/P/l 
Page 62 
patent right shall be deemed not to have existed from the time when the patent 
first fell under that paragraph. 
(Trial for invalidation of registration of extension of term) 
125bis.-(1) A trial for invalidation of the registration of an extension of the 
term of a patent right may be demanded if the registration falls under any of the 
following paragraphs: 
(i) where the registration of an extension has been effected in respect of an 
application filed in the case when it is not deemed that the obtaining of the 
disposition as provided for in Cabinet Order referred to in Section 67(2) was 
necessary for the working of the patented invention; 
(ii) where the registration of an extension has been effected in respect of an 
application filed in the case when the disposition as provided for in Cabinet 
Order referred to in Section 67(2) was not obtained by the patentee, or an 
exclusive licensee or a registered non-exclusive licensee relating to the patent; 
(iii) where the term of an extension through the registration of the extension 
exceeds the period of time during which the patented invention could not be 
worked; 
(iv) where the registration of an extension has been effected on an 
application by a person who is not the patentee concerned; 
(v) where the registration of an extension has been effected on an 
application which did not comply with requirements under Section 67bis(4). 
(2) Section 123(2) and (3) shall apply mutatis mutandis to the demand for a 
trial under the preceding subsection. 
(3) Where a trial decision that the registration of an extension is to be 
invalidated has become final and conclusive, the extension of the term through 
the registration of the extension shall be deemed never to have existed. 
However, where the registration of the extension falls under paragraph (iii) of 
subsection (1) and the trial'decision that the registration of the extension of the 
term exceeding the period of time during which the patented invention could not 
be worked has become final and conclusive, the extension of the term 
exceeding the said period of time shall be deemed not to have existed. 
(Trial for correction) 
126.-(1) The patentee, except in the case where an opposition or a trial IP/NI1 IJPN/P/1 
Page 63 
under Section 123(1) is pending at the Patent Office, may demand a correction 
of the specification or drawings attached to the request. However, such 
correction shall be limited to the following: 
(i) the restriction of a claim or claims; 
(ii) the correction of errors in the description or of incorrect translations; 
(iii) the clarification of an ambiguous description. 
(2) The correction of the specification or drawings under the preceding 
subsection shall remain within .the scope of the features disclosed in the 
specification or drawings originally attached to the request [in the case of the 
proviso (ii) to the preceding subsection, the specification and drawings originally 
attached to the request (in the case of a patent granted on a foreign language 
file application, in the foreign language file)]. 
(3) The correction of the specification or drawings under subsection (1) may 
not be such as to substantially enlarge or modify the claim or claims. 
(4) In the case of the paragraphs (i) and (ii) of the proviso to the subsection 
(1), an invention constituted by the features described in the corrected claim 
must be one which could have been patented independently at the time of filing 
of the patent application. 
(5) A trial under subsection (1) may be demanded even after the 
extinguishment of the patent right. However, this provision shall not apply after 
the patent has been revoked by a ruling or invalidated on a trial under Section 
123(1 ). 
127.-Where there is an exclusive licensee, a pledgee or a non-exclusive 
licensee under Section 35(1), 77(4) or 78(1), the patentee may demand a trial 
under Section 126(1) only with the consent of such person. 
128.-Where a trial decision that the specification or drawings attached to the 
request are to be corrected has become final and conclusive, the patent 
application, the laying open of the application, the examiners decision or the 
trial decision that the patent is to be granted, or the registration of establishment 
of the patent right shall be deemed to have been made on the basis of the IP/NIlIJPNIPI 1 
Page 64 
corrected specification or drawings. 
129. and 130.-Deleted. 
(Form'al requirements of demands for trial) 
131.--(1) A person demanding a trial shall submit a written demand to the 
Commissioner of the Patent Office stating the following: 
(i) the name and the domicile or residence of the demandant and his 
representative and, in the case. of a legal entity, the name of an officer 
representing it; 
(ii) an identification of the trial case; 
(iii) the relief sought in the demand and the grounds therefor. 
(2) An amendment of the written demand submitted under the preceding 
subsection shall not change the gist thereof. However, this provision shall not 
apply with respect to the grounds for the demand under paragraph (iii) of the 
preceding subsection. 
(3) When a trial is demanded under Section 126(1), the corrected 
specification or drawings shall be attached to the written demand. 
(Joint trial) 
132.--(1) Where two or more persons demand a trial concerning the 
same patent right under Section 123(1) or 125bis(1), the demand may be made 
jointly. 
(2) Where a trial is demanded against any of the joint owners of a patent 
right. all the joint owners shall be made defendants. 
(3) Where joint owners of a patent right or a right to obtain a patent demand 
a trial concerning the right under joint ownership, the demand shall be made 
jointly by all the joint owners. 
(4) Where there is a ground for interruption or suspension of the trial 
proceedings on the 
p~rt of one of the demandants under subsection (1) or the preceding subsection IP/NIlIJPN/PI 1 
Page 65 
or one of the defendants under subsection (2), the interruption o~ suspension 
shall have effect on all of them. 
(Dismissal by ruling in the case of non-compliance with formal requirements) 
133.--(1) Where a demand does not comply with Section 131 (1) or (3), 
the trial examiner-in-chief shall invite the demandant to amend the demand, 
designating an adequate time limit. The-same shall apply in the case of failure to 
pay the fee under Section 195(2). 
(2) Where the demandant fails to make the amendment within the time limit 
designated under the preceding subsection, the trial examiner-in-chief shall 
dismiss the demand by a ruling. 
(3) A ruling under the preceding subsection shall be in writing and shall 
state the reasons therefor. 
(Submission of written reply, etc.) 
134.-(1) When a trial has been demanded, the trial examiner-in-chief 
shall transmit a copy of the written demand to the defendant, and shall give him 
an opportunity to submit a written reply, designating an adequate time limit. 
(2) The defendant in the trial under Section 123(1) may demand a 
correction of the specification or drawings attached to the request only within the 
time limit designated under the preceding subsection or Section 153(2). 
However, such correction is limited to the following: 
(i) the restriction of a claim or claims; 
(ii) the correction of errors in the description or of incorrect translations; 
(iii) the clarification of an ambiguous description. 
(3) Upon receipt thereof, the trial examiner-in-chief shall transmit a copy of 
the written reply to the demandant or the corrected specification or drawings 
attached to the written demand under the preceding subsection. 
(4) The trial examiner-in-chief may examine the parties and intervenors with 
respect to the trial. 
(5) Secfions 126(2) to (5), 127, 128, 131, 132(3) and (4) and Section 165 IP/NIlIJPNlP11 
Page 66 
shall apply mutatis mutandis to the case of subsection (2). 
(Dismissal of irregular demand by trial decision) 
135.-An irregular demand for a trial which cannot be amended may be 
dismissed by a trial decision without giving the defendant an opportunity to 
submit a written reply. 
(Collegial system in trial) 
136.-(1) A trial shall be con.ducted by a collegial body of three or five trial 
examiners. 
(2) The collegial body" referred to in subsection (1) shall take its decisions 
by a majority vote. 
(3) The qualification of trial examiners shall be prescribed by Cabinet Order. 
(Designation of trial examiners) 
137.-(1) For each trial (but in the case of a trial where the examiner 
examines a demand in accordance with Section 162, only when a report has 
been made under Section 164(3)), the 
Commissioner of the Patent Office shall designate the trial examiners 
constituting the collegial body under Section 136(1). 
(2) When any trial examiner designated in accordance with the preceding 
subsection is unable to participate in the trial, the Commissioner of the Patent 
Office shall relieve him of such designation and appoint another trial examiner to 
take his place. 
(Trial examiner-in-chief) 
138.-(1) The Commissioner of the Patent Office shall designate one of 
the trial examiners designated under Section 137(1) as the trial examiner-in­
chief. 
(2) The trial examiner-in-chief shall preside in matters relating to the trial. 
(Exclusion of trial examiners) IP/NI1/JPN/P1 1 
Page 67 
139.-ln the following cases, trial examiners shall be precluded from performing 
their functions: 
(i) where the trial examiner or his spouse or former spouse is or was a 
party, an intervenor or an opponent in the case; 
(ii) where the trial examiner is or was a relative by blood within the fourth 
degree, a relative by affinity within the third degree or a relative cohabiting with a 
party, an intervenor oran opponent in the case; 
(iii) where the trial examiner is a guardian, a s,upervisor or a curator of a 
party, an intervenor or an oppone,nt in the case; 
(iv) where the trial examiner has become a witness or an expert witness in 
the case; 
(v) where the trial examiner is or was a representative of a party, an 
intervenor or an opponent in the case; 
(vi) where the trial examiner participated as an examiner in the examiner's 
decision which is challenged in the case; 
(vii) where the trial examiner has a direct interest in the case. 
140.-Where there is a ground for exclusion under Section 139, a party or an 
intervenor may present a motion of exclusion. 
(Challenge of trial examiner) 
141.-(1) Where there are circumstances preventing a fair trial on the part 
of a trial examiner, a party or an intervenor may challenge him. 
(2) After he has made a written or oral statement to a trial examiner with 
regard to the case, a party or an intervenor may not challenge him. However, 
this provision shall not apply where the party or intervenor did not know that 
there was a ground for challenge or where a ground for challenge arose 
subsequently. 
(Formal requirements of motion of exclusion or challenge) 
142.-(1) A person who presents a motion of exclusion or challenge shall 
submit a document to the Commissioner of the Patent Office setting forth the 
grounds therefor. However, in the oral trial examination this procedure may be 
carried out orally. IP/N/lIJPN/P/l 
Page 68 
(2) The ground for exclusion or challenge shall be substantiated within three 
days from the date on which the motion under the preceding subsection was 
presented. This provision shall also apply in the case of the proviso to Section 
141 (2). 
(Ruling on motion of exclusion or challenge) 
143.--(1) When a motion of exdusion or challenge has been made, the 
trial examiners other than the trial examiner concerned in the motion shall 
render a ruling thereon through a .trial. However, the trial examiner concerned in 
the motion may state his opinion. 
(2) . The ruling under the preceding sUbsection shall be in writing and shall 
state the reasons therefor. 
(3) No appeal shall lie from the ruling under subsection (1). 
144.-When a motion of exclusion or challenge has been presented, the trial 
proceedings shall be suspended until a ruling thereon. However, this provision 
shall not apply to matters requiring urgent attention. 
(Conduct of trial examination) 
145.-(1) The trial under Section 123(1) or 125bis(1) shall be conducted 
by oral trial examination. However, the trial examiner-in-chief may decide to 
conduct the trial by documentary examination on a motion by a party or an 
intervenor or ex officio. 
(2) Trials other than the trial under the preceding subsection shall be 
conducted by documentary examination. However, the trial examiner-in-chief 
may decide to conduct the trials by oral examination on a motion by a party or ex 
officio. 
(3) Where a trial is conducted by oral examination in accordance with 
subsection (1) or the proviso to the preceding subsection, the trial examiner-in­
chief shall fix the date and place thereof and transmit a document containing this 
information to the parties and the intervenor. However, this provision shall not 
apply where a party o·r intervenor appearing in the case concerned has been 
notified of ttie date and place. IP/NIlIJPN/PI 1 
Page 69 
(4) The oral examination under subsection (1) or the proviso to subsection 
(2) shall be conducted in public. However, this provision shall not apply where 
public order or morality is liable to be injured thereby. 
146.-Section 134 (interpreters) of the Code of Civil Procedure shall apply 
mutatis mutandis to the trial. 
(Records) 
147.--(1) With respect to a trial by oral examination under Section 145(1) 
or the proviso to Section 145(2), the official designated by the Commissioner of 
the Patent Office shall, under the direction of the trial examiner-in-chief, prepare 
the record setting forth the gist of the trial examination and other necessary 
matters whenever a trial takes place. 
(2) The record under the preceding subsection shall have affixed thereto 
the name and the seal of the trial examiner-in-chief in charge of the trial and of 
the official who has prepared the record. 
(3). Sections 145 to 147 (records) of the Code of Civil Procedure shall apply 
mutatis mutandis to the record under subsection (1). 
(I ntervention) 
148.--(1) Any person who may demand a trial under Section 132(1) may 
intervene in the trial as a demandant until the conclusion ·of the trial. 
(2) An intervenor under the preceding subsection may continue the trial 
proceedings even after the dem~nd for the trial has been withdrawn by the 
original party. 
(3) Any person who has an interest in the result of the trial may intervene in 
the trial, in order to assist one of the parties, until the conclusion of the trial. 
(4) An intervenor under the preceding subsection may initiate and take part 
in any procedure relatfng to the trial. IP/N/lIJPN/PIl 
Page 70 
(5) Where there is a ground for interruption or suspension. of the trial 
proceedings on behalf of the intervenor under subsection (1) or (3), the 
interruption or suspension shall also be effective against the original party. 
149.--(1 ) A person desiring to intervene shall submit a written demand to 
intervene to the trial examiner-in-chief. 
(2) The trial examiner-in-chief shall transmit the demand to intervene to the 
parties and the intervenors and give them an opportunity to express their 
opinions, designating an adequate time limit. 
(3) Where a demand to intervene is made, the trial examiner in the trial 
concerned shall render a ruling thereon through a trial. 
(4) The ruling under the preceding sUbsection shall be in writing and shall 
state the reasons therefor. 
(5) No appeal shall lie from the ruling under subsection (3). 
(Taking of evidence and preservation thereof) 
150.-(1) With respect to a trial, evidence may be taken on a motion by a 
party or an intervenor, or ex officio. 
(2) With respect to a trial, evidence may be preserved on a motion by an 
interested person, before the demand for the trial is made, and on a motion by 
any party or intervenor, or ex officio, during the pendency of the trial. 
(3) The motion before the demand for a trial under the preceding 
subsection shall be presented to the Commissioner of the Patent Office. 
(4) Where a motion has been presented under subsection (2) before the 
demand for a trial, the Commissioner of the Patent Office shall designate the 
trial examiner to be in charge of preserving the evidence. 
(5) Where evide'nce has been taken or preserved ex officio under 
subsection (1) or (2), the trial examiner-in-chief shall notify the parties and the 
intervenors of the result thereof and shall give them an opportunity to state their opinion, designating an adequate time limit. IP/N/lIJPN/P/1 
Page 71 
(6) The taking or preservation of evidence under subsection (1) or (2) may 
be entrusted to a local court or the court with summary jurisdiction in the place 
where the case is to be handled. 
151.-Section 147 of this Law and Section 130 (designation and commission of 
commissioned judge), Section 15?(1) to (3) (the date appointed), Section 154(1) 
(summons), Sections 257 to 260, 262 to 267, 271 to 276, 279 to 282, 283(1), 
285 to 302, 304, 305 and 306(1) and (2), the first sentence of Section 306(3), 
Sections 307 to 314, 319·to 327,328(1),329(1),330,332 to 334,335(1),336 
and 337, the first sentence of 340, 341 to 343 and 345 to 351 bis (evidence) and 
Section 358ter (production of documents) of the Code of Civil Procedure shall 
apply mutatis mutandis to the examination and preservation of evidence under 
Section 150. In such a case, "the facts that the party admitted in court and the 
obvious facts therein" in Section 257 and "deposit the security money of ... the 
truthfulness of the assertion" in Section 267(2) of the said code shall read, 
respectively, "the obvious facts" and "truthfulness of the assertion." 
(Tri.al examination ex officio) 
152.-Even where a party or an intervenor fails to initiate a procedure within the 
time limit prescribed by law or designated in accordance with the law or fails to 
appear in accordance with Section 145(3), the trial examiner-in-chief may 
proceed with the trial proceedings. 
153.-(1) In a trial, even grounds that have not been pleaded by a party or 
an intervenor may be examined. 
(2) Where in the trial examination grounds that have not been pleaded by a 
party or an intervenor are being examined in accordance with the preceding 
subsection, the trial examiner-in-chief shall notify the parties and the intervenors 
of the result of the trial examination and give them an opportunity to state their 
opinion thereon, designating an adequate time limit. 
(3) In a trial, only the relief sought by the demandant may be considered in 
the trial examination. IP/N/lIJPNlP1l 
Page 72 
(Combination or separation of trials) 
154.-(1) When one or both of the parties to two or more trials are the 
same, the trial examinations may be combined. 
(2) Trial examinations that have been combined under the preceding 
subsection may later be conducted separately. 
(Withdrawal of demand for trial) 
155.-(1) A demand for a trial may not be withdrawn after the notification 
under Section 156(1). 
(2) A demand for a trial may not be withdrawn, without the consent of the 
adverse party, after the written reply under Section 134(1) has been submitted. 
(3) When a demand for a trial under Section 123(1) has been made with 
regard to two or more claims covered by a patent which has two or more claims, 
the demand may be withdrawn for any of the claims. 
(Notification of conclusion of trial examination) 
156.-(1) When a case is ready for the rendering of a trial decision, the 
trial examiner-in-chief shall notify the parties and the intervenors of the 
conclusion of the trial examination. 
(2) The trial examiner-in-chief may, if necessary, reopen a trial examination, 
upon a motion by a party or an intervenor, or ex officio, even after the notification 
under the preceding subsection. 
(3) The trial decision shall be rendered within 20 days from the notification 
under subsection (1). However, this provision shall not apply where the case is 
complicated or where there are unavoidable circumstances. 
(Trial decision) 
157.-(1) When a trial decision has been rendered, the trial shall be 
closed. IP/N/lIJPNlPll 
Page 73 . 
(2) The trial decision shall be in writing and shall state the particulars 
mentioned below; the trial examiners who have rendered the trial decision shall 
have their names and seals affixed thereto: 
(i) the number of the trial; 
(ii) the name and the domicile or residence of the parties and the 
intervenors as well as of their representatives; 
(iii) an identification of the trial case; 
(iv) the conclusions of the trial decision and the reasons therefor; 
(v) the date of the trial decision. 
(3) Once it has been rendered, the Commissioner of the Patent Office shall 
transmit the trial decision to the parties, the intervenors and persons whose 
demand to intervene has been refused. 
(Special provisions for trials against examiner's decision of refusal) 
158.-Any action taken during the examination procedure shall also be relevant 
in the trial under Section 121 (1). 
159.-(1) Section 53 shall apply mutatis mutandis to the trial under 
Section 121(1). In such a case, "Section 17bis(1)(ii)" in Section 53(1) shall read 
"Section 17bis(1 )(ii) or (iii)," and "an amendment" in Section 53(1) shall read "an 
amendment (i~ the case of Section 17bis(1 )(ii), excluding the amendment made 
prior to the demand for the trial under Section 121 (1 ))." 
(2) Section 50 shall apply mutatis mutandis where a reason for refusal 
which was not contained in the examiners decision is found in the trial under 
Section 121 (1). In such a case, "in the case of Section 17bis(1 )(ii)" in the 
provisions of the proviso to Section 50 shall read "in the case of Section 
17bis(1 )(ii) or (iii) (in the case of Section 17bis(1 )(ii), excluding the amendment 
made prior to the demand for the trial under Section 121 (1 ))." 
(3) Section 51 shall apply mutatis mutandis where a demand for a trial 
under Section 121 (1) is to be allowed. 
160.-(1) Where an examiner's decision has been cancelled in a trial 
under Section 121 (1"), a trial decision may be made to order a further 
examination to be carried out. IP/N/li1i>N/P/1 
Page 74 
(2) The adjudication in the trial decision under the preceding subsection 
shall be binding on the examiner with respect to the case concerned. 
(3) Section 159(3) shall not apply where a trial decision under subsection 
(1) is rendered. 
161.-Sections 134(1) to (3) and (5), 148 and 149 shall not apply to a trial under 
Section 121(1). 
162.-Where, in the case of a demand for a trial under Section 121 (1), an 
amendment has been made to the specification or drawings attached to the 
request in the patent application concerned within 30 days of such demand, the 
Commissioner of the Patent Office shall cause the examiner to examine the 
demand. 
163.--(1 ) Sections 48, 53, and 54 shall apply mutatis mutandis to the 
examination under Section 162. In such a case, "Section 17bis(1 )(ii)" in Section 
53(1) shall read "Section 17bis(1 )(ii) or (iii)," and "an amendment" in Section 
53(1) shall read "an amendment (in the case of Section 17bis(1 )(ii), excluding 
the amendment made prior to the demand for the trial under Section 121 (1 ))." 
(2) Section 50 shall apply mutatis mutandis where a reason for refusal 
which was not contained in the examiners decision concerned in the demand 
for a trial is found in the examination under Section 162. In such a case, "in the 
case of Section 17bis(1 )(ii)" in the provisions of the proviso to Section 50 shall 
read "in the case of Section 17bis(1 )(ii) or (iii) (in the case of Section 17bis(1 )(ii), 
excluding the amendment made prior to the demand for the trial under Section 
121(1))." 
(3) Sections 51 and 52 shall apply mutatis mutandis where a demand for a 
trial is to be allowed in the examination under Section 162. 
164.-(1 ) When the examiner renders a decisio!1 that a patent is to be 
granted in the examination under Section 162, he shall cancel his decision of 
refusal concerned in the demand for the trial. IP/N/lIJPNlP1l 
Page 75 
(2) Except in the case provided for in the preceding subsection, the 
examiner shall not render a ruling to decline an amendment under Section 53(1) 
as applied under Section 163(1). 
(3) Except in the case provided for In sUbsection (1), the examiner shall 
make a report to the Commissioner of the Patent Office on the result of the 
examination without rendering a decision with respect to the demand for a trial. 
(Special provisions for trials for correction) 
16S.--Where a demand for a trial under Section 126(1) does not relate to any of 
the matters in the proviso to that subsection or does not comply with Secfion 
126(2) to (4) of that section, the trial examiner-in-chief shall notify the 
demandant of the reasons therefor and shall designate an adequate time limit 
and give him an opportunity to submit his views in writing, designating an 
adequate time limit. 
166.--Sections 134(1) to (3) and (5), 148 and 149 shall not apply to the trial 
under Section 126(1)~ 
(Effects of trial decision) 
167.-When a final and conclusive trial decision in a trial under Section 123(1) or 
125bis(1) has been registered, no one may demand a trial on the basis of the 
same facts and the same evidence. 
(Relationship with litigation) 
168.--(1) The trial proceedings may, if it is deemed necessary in the trial, 
be suspended until the ruling on the opposition to the patent or the trial decision 
in another trial has become final and conclusive or litigation proceedings have 
been concluded. 
(2) Where a suit or an application for provisional attachment or provisional 
disposal has been filed, if the court deems it necessary, it may suspend the 
proceedings until a trial decision has become final and conclusive. 
(Costs of trial) 
169.--(1) The bearing of the costs in connection with a trial under Section IP/N/lIJPN/P/l 
Page 76 
123(1) or 125bis(1) shall be decided ex officio by way of the trial decision where 
the trial is terminated by a trial decision or by a ruling in the trial where the trial is 
terminated otherwise than by a trial decision. 
(2) Sections 89 to 94. 98(1) and (2). 99. 101 and 102 (bearing of litigation 
costs) of the Code of Civil Procedure shall apply mutatis mutandis to the costs in 
connection with the trial under the preceding subsection. 
(3) The costs in connection with the trial under Section 121 (1) or 126(1) 
shall be borne by the demandant or the opponent. 
(4) Sectio~ 93 (costs of joint litigation) of the Code of Civil Procedure shall 
apply mutatis mutandis to the costs borne by the demandant or the opponent 
under the preceding subsection. 
(5) The amount of costs in connection with a trial shall be decided by the 
Commissioner of the Patent Office. upon request, after the trial decision or the 
ruling has become final and conclusive. 
(6) The extent, amount and payment of the costs of a trial as well as the 
pay~ent necessary for procedural acts for the trial to be effected shall be 
governed by the provisions in the Law on Civil Procedure Costs, etc. (Law No. 
40 of 1971) which relate to these matters, unless they are incompatible with the.ir 
nature (with the exception of the proportions laid down in Chapter 11. Parts 1 and 
3 of that Law). 
(Executory force of ruling on amount of costs) 
170.--A final and conclusive ruling on the costs in connection with a trial shall 
have the same effect as an enforceable title of liability. 
Chapter VII -Retrial 
(Demand for retrial) 
171.--(1) Any party may demand a retrial against a final and conclusive 
ruling to revoke a patent or trial decision. IP/NIlIJPN/PI 1 
Page 77 
(2) Sections 420(1) and (2) and 421 (grounds for retrial) of the Code of Civil 
Procedure shall apply mutatis mutandis to the' demand for a retrial under the 
preceding subsection. 
172.-(1) Where the demandant and the defendant in a trial have in 
collusion caused a trial decision to be rendered, with the purpose of injuring the 
rights or interests of a third person, such person may demand a retrial against 
the final and conclusive trial decision. 
(2) In such a retrial, the dernandant and the defendant shall be made joint 
defendants. 
(Time limit for demand for retrial) 
173.--(1 ) A retrial must be demanded within 30 days from the date on 
which the demandant became aware of the grounds for the retrial after the ruling 
to revoke a patent or trial decision became final and conclusive. 
(2) Where, due to reasons outside his control, a person is unable to 
demand a retrial within the time limit prescribed in the preceding subsection, he 
may, notwithstanding that subsection, make the demand within 14 days (where 
he is a resident abroad, within two months) from the. date when the reasons 
ce.ased to be applicable but not later than six months following the expiration of 
the said time limit. 
(3) Where a retrial is demanded on the ground that the demandant was not 
represented in accordane with the legal provisions applicable, the time limit 
provided for in subsection (1) shall be counted from the day following the date 
on which the demandant or his legal representative became aware that the 
ruling to revoke a patent or trial decision had been rendered due to the 
transmittal of a copy thereof. 
(4) No demand for a retrial may be made after the expiration of three years 
from the date on which the ruling to revoke a patent or trial decision became 
final and conclusive. 
(5) Where a ground for a retrial has arisen after the ruling to revoke a patent 
or trial decision became final and conclusive, the time limit prescribed in the 
preceding subsection shall be counted from the day following the date on which IP/N/lIJPNlP1l 
Page 78 
the ground first arose. 
(6) Subsections (1) and (4) shall not apply to a demand for a retrial made on 
the ground that the trial decision conflicts with a final and conclusive trial 
decision previously rendered. 
(Application mutatis mutandis of provisions on trial, etc.) 
174.--(1 ) Sections 114, 116 to 120, 120quater to 120sexies, 131, 132(3), 
154, 155(1) and (3), and 156 shall apply mutatis mutandis to a retrial against a 
final and conclusive ruling to revoke a patent. 
(2) Sections 131, 132(3) and (4), 133, 134(4), 135 to 147, 150 to 152, 
155(1),156 to 160, 
168, 169(3) to (6), and 170 shall apply mutatis mutandis to a retrial against a 
final and conclusive trial decision in a trial under Section 121 (1). 
(3 ) Sections 1 31, 1 32 (1 ), (2 ) and (4), 1 33, 1 34 (1 ), (3 ) and (4), 1 35 to 1 52, 
154 to 157, 167, 168, 169(1), (2), (5) and (6), and 170 shall apply mutatis 
mutandis to a retrial against a final and conclusive trial decision in a trial under 
S~ction 123(1) or 125bis(1). 
(4) Sections 131, 132(3) and (4), 133, 134(4), 135 to 147, 150 to 152, 
155(1), 156, 157, 165, 168, 169(3) to (6), and 170 shall apply mutatis mutandis 
to a retrial against a final and conclusive trial decision in a trial under Section 
126(1). 
(5) Section 427(1) (scope of examination) of the Code of Civil Procedure 
shall apply mutatis mutandis to retrials. 
(Restriction on effects of patent right restored by retrial) 
175.--(1) Where a patent right relating to a revoked or invalidated patent 
or a patent right relating to the invalidated registration of an extension of the 
term thereof has been restored through a retrial or where the establishment of a 
patent right or the extension of the term of a patent right with respect to "a patent 
application or an application for the registration of an extension of the term of a 
patent right which was refused by a trial decision has been registered through a IP/NIlIJPN/PI 1 
Page 79 
retrial, and where the patent has been granted for the invention of a product, the 
effects of the patent right shall not extend to any product imported into, or 
manufactured or acquired in Japan, in good faith after the time when the trial 
decision became final and conclusive but before the demand for a retrial was 
registered. 
(2) Where a patent right relating -to a revoked or invalidated patent or a 
patent right relating to the invalidated registration of an extension of the term 
thereof has been restored through a retrial or where the establishment of a 
patent right or the extension of the term of a patent right with respect to a patent 
-
application or an application for the registration of an extension of the term of a 
patent right which was refused by a trial decision has been registered through a 
retrial, the effects of the patent right shall not extend to the following acts: 
(i) the working of the invention in good faith; 
(ii) in the case of a patent for an invention of product, acts of manufacturing, 
assigning, leasing, importing or offering for assignment or lease of, in good faith, 
the article to be ~sed exclusively for the manufacture of the product; 
(iii) in the case of a patent for an invention of a process, acts of 
manufacturing, assigning, leasing, importing or offering for assignment or lease 
of, in good faith, the article to be used exclusively for the working of such 
invention. 
176.--Where a patent right relating to a revoked or invalidated patent or a patent 
right relating to the. invalidated registration of an extension of the term thereof 
has been restored through a retrial or where the establishment of a patent right 
or the extension of the term of a patent right with respect to a patent application 
or an application for the registration of an extension of the term of a patent right 
which was refused by a trial decision has been registered through a retrial, and 
where a person has, in good faith, been commercially working the invention in 
Japan or has, in good faith, been making preparations therefor, after the rL:Jling 
to revoke the patent trial decision became final and conclusive but before the 
registration of the demand for 
a retrial, such person shall have a non-exclusive license on the patent right, the 
license being limited to the invention which is being worked or for which 
preparations for working are being made and to the purpose of such working or 
the preparations therefor. IP/N/lIJPN/P/l 
Page 80 
177.--Deleted. 
Chapter VIII --Litigation 
(Actions against trial decisions, etc.) -
178.-(1) An action against a ruling to revoke a patent, a trial decision, or 
a ruling to dismiss a written opposition or a demand for a trial or retrial shall 
come under the exclusive jurisdiction of the Tokyo High Court. 
(2) An action under' subsection (1) may be instituted only by a party, an 
intervenor, or a person who applied to intervene in the examination of the 
opposition to the grant of the patent, in the trial, or in the retrial has been 
refused. 
(3) An action under subsection (1) may not be instituted after 30 days from 
the date of transmittal of the trial decision or the ruling. 
(4) The time limit prescribed in the preceding subsection shall be invariable. 
(5) The trial examiner-in-chief may ex officio designate a period additional 
to the invariable period under the preceding subsection for the benefit of a 
person residing in a place that is remote or difficult of access. 
(6) An action with regard to the matters on which a trial may be demanded 
may be instituted only against a trial decision. 
(Defendant in the action) 
179.-ln an action under Section 178(1), the Commissioner of the Patent Office 
shall be the defendant. Provided, however, that in the case of an action against 
a trial decision in a trial under Section 123(1) or 125bis(1) or in a retrial under 
Section 171 (1) against a final and conclusive trial decision in such trial, the 
demandant or the defendant in the trial or retrial shall be the defendant. 
(Notification of institutIon of action) 
180.--Wher1 an action referred to in the proviso to Section 179 has been IP IN I lIJPN JP 11 
Page 81 
instituted, the court shall, without delay, notify the Commissioner of the Patent 
Office accordingly. 
(Annulment of the trial decision or ruling) 
181.-(1) Where the court finds for the plaintiff in an action instituted 
under Section 178(1), it shall annul the trial decision or ruling. 
(2) When the court's decision annulling a trial decision or ruling under the 
preceding subsection has become .final and conclusive, the trial examiner shall 
carry out a further trial examination and render a trial decision or ruling. 
(Sending of certified copy of the judgment) 
182.-At the end of the proceedings initiated by the action referred to in the 
proviso to Section 179, the court shall send a certified copy of the judgment of 
the court concerned to the Commissioner of the Patent Office without delay. 
(Action on amount of remuneration) 
183.--(1) Where a person who is concerned in an arbitration decision 
under Section 83(2), 92(3) or (4) or 93(2) is dissatisfied with the amount of 
remwneration fixed in the decision, he may institute an action for the increase or 
decrease of the remuneration. 
(2) An action under the preceding sUbsection shall not be instituted after 
three months from the transmittal of the arbitration decision. 
(Defendant in the action) 
184.-ln an action under Section 183(1), the following person shall be made the 
defendant: 
(i) in the case of an arbitration under Section 83(2), 92(4) or 93(2), the 
non-exclusive licensee, patentee or exclusive licensee; 
(ii) in the case of an arbitration under Section 92(3), the non-exclusive 
licensee or the other person referred to in Section 72. 
(Relationship between administrative appeal and litigation) 
184bis.-An action for 'the annulment of measures (with the exception of 
measures referred to in Section 195quater) taken under this Law or an order or IP/NIl/JPNIPIl 
Page 82 
ordinance thereunder may be instituted only after a request for reconsideration 
or a request for administrative appeal or an arbitration decision against the 
measure has been dealt with by a decision or a ruling. 
Chapter IX -Special Povisions concerning International Applications 
under the Patent Cooperation Treaty 
(Patent application based on inter.national application) 
184ter.--(1) An international application (a patent application only) for which 
the international filing date has been accorded in accordance with Article 1-1 (1) 
or (2)(b) or Article 14(2) of the Patent Cooperation Treaty done at Washington 
on June 19, 1970 (hereinafter referred to as "Treaty" in this Chapter) and which 
contains the designation of Japan as a designated State referred to in Article 
4(1 )(ii) of the Treaty shall be considered to be a patent application having been 
filed on its international filing date. 
(2) Section 43 shall not apply to the international application considered to 
be a patent application by virtue of the provision of the preceding subsection 
(hereinafter referred to as "international patent application"). 
(Translation of international patent application in foreign language) 
184quater.--(1) The applicant of an international patent application made in a 
foreign language (hereinafter referred to as "foreign language patent 
application") shall furnish to the Commissioner of the Patent Office a translation 
into Japanese of the description, the claims and the drawings (limited to any text 
matter of the drawings) and the abstract referred to in Article 3(2) of the Treaty 
as of the international filing date referred to in Section 184ter(1) (hereinafter 
referred to as "international filing date"), within one year and eight months (to as 
"priority date") [in. the case of an international patent application in which an 
international preliminary examination referred to in Article 33 of the Treaty had 
been demanded within one year and seven months from the priority date and, 
further, Japan has been elected as an elected State under Article 31 (4)(a) of the 
Treaty -within two years and six months from the priority date (hereinafter 
referred to as "time limit for the submission of the national form paperl)] from the 
priority date referred to in Article 2(xi) of the Treaty (hereinafter referred to as 
"priority dat~'). IP/N/lIJPN/P/l -
Page 83 
(2) -In the case of preceding subsection, the applicant of a foreign language 
patent application may, where he has made an amendment under Article 19(1) 
of the Treaty, furnish a translation of the amended claims in lieu of the 
translation of the claims referred to in the preceding subsection. 
(3) When the translation of the description referred to in subsection (1) and 
the translation of the claims referred to in the preceding two subsections have 
not been furnished within the time limit for the submission of the national form 
paper, the international patent application shall be deemed withdrawn. 
(4) The applicant who" has furnished the translation referred to in subsection 
(1) may, where he has made an amendment under Article 19(1) of the Treaty, 
further furnish a translation into Japanese of the amended claims not only later 
than the date on which the expiration of the time limit for the submission of the 
national form paper (or where the applicant has made a request for examination 
within the time limit for the submission of the national form paper, the time when 
the said request was made, (Hereinafter referred to as "relevant time for the 
national processing")) occurs. 
(5) The principal sentence of Section 184septies(3) shall apply mutatis 
mutandis where the translation referred to in subsection (2) or (4) has not been 
furnished. 
(Submission of papers and invitation to correction) 
184quinquies.-(1) The applicant of an international patent application shall, 
within the time limit for the submission of the national form paper, submit to the 
Commissioner of the Patent Office a paper stating the following: 
(i) the name and the domicile or residence of the applicant and, in the case 
of a legal entity, the name of an officer entitled representing it; 
(ii) the date of submission; 
(iii) the title of the invention; 
(iv) the name and the domicile or residence of the inventor; 
(v) the International filing date and other matters provided for in an 
ordinance of the Ministry of International Trade and Industry. IP 1Nl 1 IJPNlPll 
Page 84 
(2) The Commissioner of the Patent Office may invite correction, 
designating an adequate time limit, in the following cases: 
(i) when the national form paper to be submitted under the preceding 
subsection has not been filed within the time limit for the submission of the 
national form paper; 
(ii) when any proceeding under the preceding subsection does not comply 
with Section 7(1) to (3) and Section 9;-
(iii) when any proceeding under the preceding subsection does not comply 
with the formality requirements provided for in an ordinance of the Ministry of 
InternaUonal Trade and Industry; 
(iv) when the translation of the abstract to be submitted under Se-ction 
184quater(1) has not been filed within the time limit for the submission of the 
national form paper; 
(v) when the fee to be paid under Section 195(2) has not been paid within 
the time limit for the submission of the national form paper. 
(3) Where a person who was invited to make an amendment under the 
preceding sUbsection fails to do so within the time limit designated under that 
subsection, the Commissioner of the Patent Office may invalidate the 
international patent application concerned. 
(Effect, etc. of request, description, etc., of international application) 
184sexies.--(1) The request of an international patent application as of the 
international filing date shall be deemed to be the request submitted under 
Section 36(1). 
(2) The description and claims of an international patent application made 
in the Japanese language (hereinafter referred to as "a Japanese language 
patent application") as of the international filing date and the translation of the 
description and claims of a foreign language patent application as of the 
international filing date shall be deemed to be the specification as submitted 
attached to the request under Section 36(2), the claims of Japanese language 
patent application as of the international filing date and the translation of the 
claims of a foreign language patent application as of the international filing date 
shall be d~emed to be the patent claims set forth in the specification as 
submitted attached to the request under Section 36(2), and the drawings in a 
Japanese language patent application as of the international filing date and the IP/N/lIJPNlPll 
Page 85 
drawings (excluding any text matter of the drawings) and the translation of the 
text matter of the drawings in a foreign language patent application as of the 
international filing date shall be deemed to 
be the drawings as submitted attached to the request under Section 36(2), and 
the abstract of a Japanese language patent application and the translation of the 
abstract of a foreign language patent application shall be deemed to be the 
abstract as submitted attached to the request under Section 36(2). 
(3) Where the translation of the amended claims under Article 19(1) of the 
Treaty has been furnished in accordance with Section 184quater(2) or (4), the 
translation of the description as of the international filing date and the translation 
of the amended claims shall be deemed to be the specification as submitted 
attached to the request under Section 36(2), and the translation of the amended 
claims shall be deemed to be the patent claims set forth in the specification as 
submitted attached to the request under Section 36(2) notwithstanding 
subsection (2). 
(Amendment under Article 19 of the Treaty of the Japanese language patent 
application) 
1 ~4septies.-(1 )The applicant of a Japanese language patent application shall, 
where he has made an amendment under Article 19(1) of the Treaty, furnish to 
the Commissioner of the Patent Office, no later than date on which the relevant 
time limit for the national processing occurs, a copy of the amendment furnished 
under Article 19(1) of the Treaty. 
(2) Where a copy of the amendment has been furnished under the 
preceding subsection, the patent claim set forth in the specification as submitted 
attached to the request shall be deemed to have been amended under Section 
17bis(1) by virtue of the copy of the amendment. However, where the 
amendment has been communicated to the Patent Office under Article 20 of the 
Treaty within the time limit prescribed in the preceding subsection, the patent 
claim shall be deemed to have been amended under Section 17bis(1) by virtue 
of that amendment. 
(3) When the proceeding under subsection (1) has not been taken by the 
applicant of a Japanese language patent application within the time limit IP IN 11/JPN IP 11 
Page 86 
prescribed in the said subsection, no amendment under Article 19(1) of the 
Treaty shall be deemed to have been made. However, this shall not apply to the 
case in the proviso to the preceding subsection. 
(Amendment under Article 34 of the Treaty) 
1840cties.--(1) The applicant of an international patent application shall, where 
he has made an amendment under Article 34(2)(b) of the Treaty, furnish to the 
Commissioner of the Patent Office, no later than the date on which the relevant 
time for the national processing occurs, a copy of the amendment furnished 
under Article 34(2)(b) of the Treaty in the case of the amendment in respect of a 
Japanese language patent application or a translation into Japanese of the 
amendment in the case' of the amendment in respect of a foreign language 
patent application. 
(2) Where a copy of the amendment or a translation of the amendment has 
been furnished under the preceding subsection, the specification or drawings 
attached to the request shall be deemed to have been amended under Section 
17bis(1) by virtue of the copy of the amendment or the translation of the 
amendment. However, if, in respect of the amendment concerning a Japanese 
language patent application, the amendment has been communicated to the 
Patent Office under Article 36(3)(b) of the Treaty within the time limit prescribed 
in the preceding subsection, the specification or drawings attached to the 
request shall be deemed to have been amended by virtue of that amendment. 
(3) When the proceeding under subsection (1) has not been taken by the 
applicant of an international patent application within the time limit prescribed in 
the said subsection, no amendment under Article 34(2)(b) of the Treaty shall be 
deemed to have been made. However, this shall not apply to the case in the 
proviso to the preceding subsection. 
(4) Where the specification or drawings attached to the request of the 
foreign language patent application are deemed to have been amended under 
Section 17(1) in the case of subsection (1), the amendment shall be deemed to 
have been made by virtue of the submission of a written correction of incorrect 
translation under Section 17bis(2). (National publication of translation, etc.) IP/NIlIJPN/PI 1 
Page 87 
184novies.-(1) In respect of a foreign language patent application for which a 
translation has been furnished under Section 184quater(1), the Commissioner 
of the Patent Office shall, except where the Gazette containing the patent has 
already been published, effect the national publication of the translation as soon 
as possible after the expiration of the time limit for the submission of the national 
form paper [or --where the application. is an international patent application for 
which a request for examination by the applicant has been made within the time 
limit for the submission of the national form paper and for which the international 
publication referred to in Article 21 of the Treaty (hereinafter referred to as 
"international publicationll) has been effected -after the time of expiration of-one 
year and six months from the priority date or from the time of making a request 
for examination, whichever is later]. 
(2) The national publication of the translation shall be effected by publishing 
the following in the Patent Gazette: 
(i) the name and the domicile or residence of the applicant; 
(ii) the number of the patent application; 
(iii) the international filing date; 
(iv) the name and the domicile or residence of the inventor; 
(v) the matters appearing in the translation of the description and the text 
matter of the drawings referred to in Section 184quater(1), the matters 
appearing in the translation of the claims prescribed therein (in the case where a 
translation has been submitted under Section 184quater(2), the said translation) 
and the matters appearing in the translation referred to in Section 184quater(4), 
the contents of the drawings (excluding the text matter of the drawings) as well 
as the matters appearing in the translation of the abstract (with the exception of 
those matters the publication of which in the Patent Gazette is, in the view of the 
Commissioner of the Patent Office, liable to contravene public order or morality); 
(vi) the number and the date of the national publication of the translation; 
(vii) other necessary particulars. 
(3) Section 64(3) shall apply mutatis mutandis to the publication of the 
matters appearing in the translation of the abstract under subsection (2)(v), in 
the Patent Gazette in accordance with subsection (2). 
(4) Section 64 shall not apply to an international patent application. IP/N/lIJPN/P/l 
Page 88 
(5) For the purpose of an international patent application, "laying open" or 
"laid open" in Section 48quinquies(1), Section 48sexies, the proviso to Section 
66(3), Section 128, Section 186(i) and (ii), and Section 193(2)(i) and (ii) shall be 
considered to have been replaced by "the interna-
tional publication under Section 184novies(1)" in the case of a Japanese 
language patent application and shall be considered to have been replaced by 
"the national publication of a tran:slation under Section 184novies(1)" in the case 
of a foreign language patent application. 
(6) For the purposes' of a reque.st for a certificate, etc. concerning a foreign 
language patent application, "or the materials referred to in Section 67bis(2)" in 
Section 186(i) shall be considered to have been replaced by "a request, a 
description, claims, drawings or an abstract of the international application 
referred to in Article 3(2) of the Patent Cooperation Treaty done at Washington, 
June 19, 1970 (excepting such documents concerning an international patent 
application for which the establishment of the patent has been registered or 
such documents for which the international publication has been effected." 
(7) In respect of the matters to be published in the Patent Gazette 
concerning the international patent application, "attached to a request after the 
application has been laid open" in Section 193(2)(iii) shall be considered to have 
been replaced by " ... attached to a request of an international application for 
which the international publication has been effected." 
(Effects, etc. of international publication and national publication) 
184decies.-(1) The applicant of an international patent application may, after 
the international publication (or -if the international publication has been 
effected prior to the expiration of one year and six months from the priority date 
--after the expiration of one year and six months from the priority date) in the 
case of a Japanese language patent application and after the national 
publication of the translation in the case of a foreign language patent application, 
and following a warning by the applicant in the form of a document describing 
the contents of the invention claimed in the international patent application, 
demand of a person' who has commercially worked the invention, after the 
warning bur before the registration of the establishment of the patent right, the IP/N/lIJPNlP1l 
Page 89 
payment of compensation in a sum of money equivalent to what he would 
normally be entitled to receive for the working of the invention if it were a 
patented invention. Even in the absence of the warning, in the case of a 
Japanese language patent application, the same shall apply to a person who 
commercially worked the invention before the registration of the establishment 
of the patent right (or -in the case of an international patent application for 
which the international publication has been effected prior to the expiration of 
one year and six months from the priority date -after the expiration of one year 
and six months from the priority date and before the registration of the 
establishment of the patent right), knowing that the invention was the one 
claimed in the international patent applicatioin for which the international 
publication has been effected, and in the case of a foreign language patent 
application, the same shall apply to a person who commercially worked the 
invention before the registration of the establishment of the patent right, knowing 
that the invention was the one claimed in the international patent application for 
which the national publication of the translation has been effected. 
(2) Section 65(2) to (5) shall apply mutatis mutandis to the exercise of the 
right to demand compensation under the preceding subsection. 
(Special provisions concerning patent administrator for residents abroad) 
184undecies.-(1) Notwithstanding Section 8(1), an applicant of an 
international patent application who is a resident aborad may proceed before the 
Patent Office without being represent-
ed by a patent administrator until the relevant time for the national processing. 
(2) The person under the preceding subsection shall appoint a patent 
administrator and notify the Commissioner of the Patent Office after the date on 
which the relevant time for the national processing occurs and within the time 
limit prescribed in an ordinance of the Ministry of International Trade and 
Industry. 
(3) Where the notification of the appointment of a patent administrator has 
not been made within the time limit under the preceding subsection, the 
international patent ap'plication shall be considered to have been withdrawn. IP/NIlIJPN/PI 1 
Page 90 
(Special provisions concerning amendment) 
184duodecies.-(1) Notwithstanding the principal sentence of Section 17(1), 
no amendment (except the amendment under Sections 184septies(2) and 
1840cties(2» may be made until, in respect of a Japanese language patent 
application, after the proceeding has been taken under Section 184quinquies(1) 
and the fee to be paid under Section 195(2) has been paid, and, in the case of a 
foreign language patent application,- after the proceeding under Sections 
184quater(1) and 184quinquies(1) and the fee to be paid under Section 195(2) 
and after the relevant time for the national processing has occurred. 
(2) For the purposes of the scope of amendments of the specification or 
drawings concerning a foreign language patent application, "foreign language 
file application under Section 36bis(2)" in Section 17bis(2) shall be considered 
to have been replaced by "foreign language patent application referred to in 
Section 184quater(1 )," "the specification or drawings originally attached to the 
request [in the case of a foreign language file application under Section 36bis(2), 
the translation of the foreign language file referred to in Section 36(2) 
considered to be a specification and drawings by virtue of the provisions of 
Section 36(4) (in the case where the specification or drawings were amended by 
virtue of the submission of a written correction of incorrect translation, said 
translation or the specification or drawings as amended)]" in Section 17bis(3) 
shall be considered to have been replaced by lithe translation referred to in 
Section 184quater(1) of the specification or drawings (limited to any text matter 
of the drawings) of the international patent application referred to in Section 
184ter(2) (hereinafter referred to as "international patent application" in this 
subsection) as of the international filing date referred to in Section 184quater(1) 
(hereinafter referred to as the "international filing date" in this subsection)," the 
translation referred to in Section 184quater(1) of the claims of the international 
patent application as of th~ international filing date (in the case where a 
translation of the amended claims under Article 19(1) of the Patent Cooperation 
Treaty done at Washington on June 19, 1970 has been furnished under Section 
184quater(2) or (4), such translation), or the drawings (excluding the text matter 
of the drawings) of the international patent application as of the international 
filing date (hereinafter referred to as "translation, etc." in this subsection) (in the 
case where the specification or drawings were amended by virtue of the 
submission of the written correction of incorrect translation, the translation, etc. 
or such speCification or drawings as amended). IP/NIlIJPN/PI1 
Page 91 
(3) The applicant of an international patent application may, 
notwithstanding .Section 17quater, amend the abstract attached to the request 
only within one year and three months from the priority date. 
(Special provisions concerning patenta_bility) 
184terdecies.-For the purposes of Section 29bis of this Law, where an 
international patent application re.ferred to in Section 184ter(2) of this Law or an 
international utility model application referred to in Section 48ter(2) of the Utility 
Model Law is another application for a patent or an application for a utility model 
registration as referred to·in Section 29bis of this Law, the passage reading lithe 
specification or drawings originally attached to the requesf' in Section 29bis of 
this Law shall be considered to have been replaced by "the description, claims 
or drawings of the international application as of the international filing date 
referred to in Section 184quater(1) of this Law or Section 48quater(4) of the 
Utility Model Law," and the passage reading "another application for a patent or 
of an application for a utility model registration which wasll shall be considered to 
have been replaced by "another application for a patent or of an application for a 
utility model registration (excluding the foreign patent application referred to in 
Section 184quater(1) of the Patent Law which was deemed to have been 
withdrawn under said Section (3) or the foreign language utility model 
application referred to in Section 48quater(1) of the Utility Model Law which was 
deemed to have been withdrawn under said Section (3))," and the passage 
reading "the laying open for public inspection (Ko[-G-]kai) was effected or" in 
Section 29bis of this Law shall be considered to have been replaced by lithe 
laying open for public inspection (Ko[-G-]kai) was effected,1I and the passage 
reading IIwas published under said subsection after the filing of the patent 
application" in Section 29bis of this Law shall be considered to have been 
replaced by "was published under said subsection or the international 
publication referred to in Article 21 of the Patent Cooperation Treaty done at 
Washington on June 19, 1970 was effected after the filing of the patent 
application." 
(Special provisions concerning exceptions to lack of novelty of invention) 
184quater decies.-Notwithstanding Section 30(4), any person who desires the 
application ef Section 30(1) or (3) with respect to the invention claimed in an IP/N/1/JPN/P/l 
Page 92 
international patent application may submit to the Commissioner of the Patent 
Office a written statement to that effect and a document proving that the 
invention claimed in t~e international patent application is an invention falling 
under Section 30(1) or (3) after the date on which the relevant time for the 
national processing occurs (or -where the applicant had made a request for 
examination within the time limit --after the date of the request) and within the 
time limit prescribed in an ordinance at the Ministry of International Trade and 
Industry. 
(Special provisions concerning priority claim based on patent applications, etc.) 
184quindecies.-(1) Sections 41 (4) and Section 42(2) shall not apply to -an 
international patent application. 
(2) For the purposes of Section 41 (3) for a Japanese language patent 
application, "or the laying open for public inspection" in Section 41 (3) shall be 
considered to have been replaced by "or the international publication referred to 
in Article 21 of the Patent Cooperation Treaty done at Washington on June 19, 
1970." 
(3) For the purposes of Section 41 (3) for a foreign language patent 
application, lithe specification or drawings originally attached to the request of a 
patent application" in Section 41 (3) shall be considered to have been replaced 
by "the description, the claims or the drawings of an international application as 
of the international filing date referred to in Section 184quater(1)" 
and "or the laying open for public inspection" in Section 41 (3) shall be 
considered to have been replaced by "or the international publication referred to 
in Article 21 of the Patent Cooperation Treaty done at Washington on June 19, 
1970." 
(4) For the purposes of Sections 41 (1) to (3) and 42(1) of this Law in the 
case where the earlier application under Section 41 (1) of this Law is an 
international patent application or an international utility model application 
referred to in Section 48ter(2) of the Utility Model Law, "the specification or 
drawings originally attached to the request" in Section 41 (1) and (2) shall be 
considered to have been replaced by "the description, the claims or the 
drawings of an international application as of the international filing date referred IP/NIlIJPN/PI 1 
Page 93 
to in Section 184quater(1) of this Law or Section 48quater(1) of the Utility Model 
Law," "the specification or drawings originally attached to the request of the 
earlier application" and "the laying open for public inspection" in Section 41 (3) 
shall be considered to have been replaced by "the description, the claims or the 
drawings of an international application as of the international filing date referred 
to in Section 184quater(1) of this Law or Section 48quater(1) of the Utility Model 
Law of the earlier application" and "the international publication referred to in 
Article 21 of the Patent Cooperation Treaty done at Washington on June 19, 
1970," and "at the expiration of one year and three months from the filing date" 
in Section 42(1) shall be considered to have been replaced by "at the expiration 
of the time limit for the national processing under Section 184quater(4) of this 
Law or Section 48quater(4) of the Utility Model Law or one year and three 
months from the international filing date referred to in Section 184quater(1) of 
this Law or Section 48quater(1) of the Utility Model Law, whichever is later)." 
(Special provisions concerning conversion of applications) 
184sedecies.--Conversion into a patent application of an international 
application havrng been considered or recognized to be a utility model 
application under Section 48ter(1) or 48sedecies(4) of the Utility Model Law may 
not be made until, in respect of a Japanese language utility model application 
referred to in Section 48quinquies(4) of the Utility Model Law, after the 
proceeding under Section 48quinquies(1) of the Utility Model Law has been 
taken, and in respect of a foreign language utility model application referred to in 
Section 48quater(1) of the Utility Model Law, after the proceeding under 
Sections 48quater(1) and 48quinquies(1) of the Utility Model Law have been 
taken and, further, after the fee to be paid under Section 54(2) of the Utility 
Model Law has been paid (or -in respect of an international application having 
been recognized as a utility model application under Section 48sedecies(4) of 
the Utility Model Law -after the decision referred to in the said subsection has 
been made). 
(Time limit for making request for examination) 
184septies decies.--The applicant of an international patent application may not 
make a request for examination for his international patent application until, in 
respect of a Japanese language patent application, after the proceeding under 
Section 184quinquies("1) has been taken, and in respect of a foreign language 
patent application, after the proceedings under Sections 184quater(1) and IP/N/lIJPN/P/1 
Page 94 
184quinquies(1) and have been taken and, furth.~r. after the fee to be paid under 
Section 195(2) has been paid, whereas. a person other than the applicant of the 
international patent application may not make a request for examination of the 
international patent application until after the expiration of the time limit for the 
submission of the national form paper. 
(Special provisions for reasons for refusal, etc.) 
184duodevicies.-For the purpo~ of the examiner's decision of refusal, with 
respect to the foreign language patent application, the opposition to the patent 
and trial under Section 123(1), "foreign language file application" in Sections 
49(v), 113(i) and (v), and·123(i) and (v) shall be replaced by "foreign language 
patent application referred to in Section 184quater(1 )," and "foreign language 
file" in Section 49(v), 113(v). and 123(1 )(v) shall be replace by lithe specification 
or drawings of the international application as of the international filing date 
referred to in Section 184quater(1 )." 
(Special provisions concerning correction) 
184undevicies.-For the purpose of the demand for the correction under 
Sections 120quater(2) and 134(2) and the demand for a trial under Section 
12?(1) with respect to a foreign language patent application, "foreign language 
file application" in Section 126(2) shall be replaced by "foreign language patent 
application referred to in Section 184quater(1)" and "foreign language file" in 
that Section (2) shall be replaced by "the specification or drawings of the 
international application as of the international filing date referred to in Section 
184quater(1 )." 
(International application recognized as patent application by decision) 
184vicies.-(1) The applicant of an international application defined in Article 
2(vii) of the Treaty may, where the receiving Office defined in Article 2(xv) of the 
Treaty has made a refusal referred to in Article 25(1 )(a) of the Treaty or has 
made a declaration referred to in Article 25(1 )(a) or (b) of the Treaty or the 
International Bureau defined in Article 2(xix) of the Treaty has made a finding 
referred to in Article 25(1 )(a) of the Treaty in respect of the international 
application (only a patent application) which contains the designation of Japan 
as a designated State referred to in Article 4(1 )(ii) of the Treaty, request the 
Commissioner of the Patent Office as provided in an ordinance of the Ministry of IP/N/lIJPN/P/1 
Page 95 
International Trade and Industry to make a decision referred to in Article 25(2)(a) 
of the Treaty within the time limit prescribed in an ordinance of the Ministry of 
International Trade and Industry. 
(2) A person who makes a request under the preceding subsection in 
respect of the international application made in a foreign language shall furnish 
to the Commissioner of the Patent Office at the time of making such a request a 
translation into Japanese of the description, the claims, the drawings (limited to 
any text matter of the drawings) and the abstract as well as other documents 
relating to the international application provided for in an ordinance of the 
Ministry of Trade and Industry. 
(3) Where the request under SUbsection (1) has been made, the 
Commissioner of the Patent Office shall decide whether the refusal, declaration, 
or finding referred to therein 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 made a decision 
under the preceding subsection to the effect that the refusal, declaration, or 
finding referred to in the said subsection was not justified under the provisions of 
the Treaty and the Regulations under the Patent Cooperation Treaty, the 
international application concerned shall be recognized as a patent application 
filed on the date which would be accorded as the international filing date if said 
refusal, declaration, or finding were no't made in respect of said international 
application. 
(5) For the purpose of the laying open for public inspection of an 
international application recognized as a patent application under the preceding 
subsection, "date of the application" in Section 64 shall be replaced by "priority 
date referred to in Section 184quater(1 )," "foreign language file application" in 
Section 64(2)(iv) shall be replaced by "international application made in the 
foreign language," and "foreign language file and foreign language abstract" in 
Section 64(2)(iv) shall be replaced by "the description, the claims, drawings and 
abstract of the international application as of the date which would be accorded 
as the international filirig date under Section referred to in Section 184vicies(4)." IP/N/lIJPN/P/l 
Page 96 
(6) Sections 184ter(2), 184sexies(1) and (2), 184novies(6), 184duodecies 
to 184quater decies, 184quindecies(1 )" (3) and (4), and 184septies decies to 
184undevicies shall apply mutatis mutandis to the international application 
deemed as a patent application under subsection (4). In such a case, the details 
necessary foe the application of those provisions shall be prescribed by Cabinet 
Order. 
Chapter X -Miscellaneous Provisions 
(Special provisions for patent or patent right covering two or more claims) 
185.--For the purposes of the provisions of Section 27(1 )(i) or Section 65(4) 
(including its application under Section 184decies(2)), 80(1), 97(1), 98(1 )(i), 
111 (1 )(ii), 114(3) (including its application under Section 174(1 )), Section 123(2), 
125, 126(5) (including its application under Section 134(5)), Section 132(1) 
(including its application under Section 174(3)) or Section 175, 176 or 193(2)(iv) 
of this Law, or of Section 20(1) of the Utility Model Law, relating to the patent or 
patent right covering two or more claims, the patent shall be deemed to have 
been granted, or the patent right shall be deemed to exist, for each claim. 
(Request for certification, etc.) 
186.-Anyone may request the Commissioner of the Patent Office to issue a 
certificate, a copy or an extract of documents, to allow the inspection or copying 
of documents or to issue documents whose contents are recorded in the part of 
the Patent Register prepared by magnetic tapes, where such documents relate 
to patents. However, this provision shall not apply in the case of the following 
documents if the Commissioner of the Patent Office considers it necessary to 
keep them secret: 
(i) a request or the specification, drawing or abstract attached to a request, 
or a foreign language files or foreign language (except where the establishment 
of the patent right has been registered or where such documents have been laid 
open), or the materials referred to in Section 67bis; 
(ii) documents concerning a trial under Section 121 (1) (except where the 
establishment of the patent right has been registered or where the patent 
application concerned has been laid open); 
(iii) documents liable to contravene public order or morality. (Indication of existence of patent) IP/N/lIJPN/PIl 
Page 97 
187.-A patentee or an exclusive or non-exclusive licensee shall take steps, as 
prescribed in an ordinance of the Ministry of International Trade and Industry, to 
mark the patented product or a product produced by the patented process 
(hereinafter referred to as "patented product"), or the packaging thereof, with a 
statement to the effect that the invention of the product or the process has been 
patented (hereinafter referred to as "indication of a patent"). 
(Prohibition of false marking) 
188.-The following acts shall be unlawful: 
(i) the marking of anything other than a patented product or its packaging 
with an indication of a patent or confusingly similar indication; 
(ii) the assignment, lease or display for the purpose of assignment or lease 
of a product other than a patented product, where such product or its packaging 
is marked with an indication of a patent or confusingly similar indication; 
(iii) the inclusion in an advertisement of an indication that an invention of a 
product has been patented or a confusingly similar indication, for the purpose of 
causing others to produce or use the product or of assigning or leasing the 
product, where it is not a patented product; 
(iv) the inclusion in an advertisement of an indication that an invention of a 
pro.cess has 
been patented or a confusingly similar indication, for the purpose of causing 
others to use the process or of assigning or leasing the process, where it is not a 
patented process. 
(Transmittal of documents) 
189.-An ordinance of the Ministry of International Trade and Industry shall 
prescribe the documents to be transmitted in addition to those provided for in 
this Law. 
190.-Sections 161 (1), 162 and 163 (agent for service), Sections 164(1), 165, 
166, 168, 169 and 171 to 173 (method of service), and Section 177 (certificate 
of service) of the Code of Civil Procedure shall apply mutatis mutandis to the 
transmittal of documents provided for in this Law or in an ordinance of the 
Ministry of International Trade and Industry under Section 189. In such a case, 
"court c1erkll in Sections 161 (1), 163 and 171 (4) of said Code shall read "official IP/N/lIJPN/P/l 
Page 98 
designated by the Commissioner of the Patent Office;" "bailiff or post" in Section 
162(1) of said Code shall read "post," "in the case ... the court clerk" in section 
172 of said Code shall read "in the case ... and in the case where documents 
relating to an examination are to be transmitted. the official designated by the 
Commissioner of the Patent Office." 
191.-(1) Where the domicile _or residence of a person to whom 
transmittal is to be made or any other place to which transmittal is to be made is 
unknown or transmittal in accordance with Section 172 of the Code of Civil 
Procedure applied under Section 190 of this Law is not possible. transmittal may 
instead be effected by public notice. 
(2) The transmittal by public notice shall be made by publishing a notice in 
the Official Gazette and the Patent Gazette to the effect that the documents to 
be transmitted are ready to be delivered at any time to the person entitled to 
receive them and by posting such notice on the bulletin board of the Patent 
Office. 
(3) The transmittal by public notice shall take effect after the expiration of 
20 days from the date on which the notice was published in the Official Gazette. 
192.-(1 ) Where a resident abroad has a patent administrator, the 
transmittal shall be made to the patent administrator. 
(2) Where a resident abroad has no patent administrator, the documents 
may be dispatched by registered airmail. 
(3) Where documents have been sent by post under the preceding 
subsection. the transmittal shall be deemed to have been made at the time of 
dispatch. 
(Patent Gazette) 
193.-(1) The Patent Office shall publish the Patent Gazette (Tokkyo Ko[-
G-]ho[-G-]). 
(2) In addition to the matters provided for in this Law, the Patent Gazette 
shall contain: IP/N/1/JPN/P/l 
Page 99 
(i) decisions of refusal, or abandonment, withdrawal or invalidation of a 
patent application after its laying open or withdrawal of an application for the 
registration of an extension of the term of a patent right; 
(ii) successions to the right to obtain a patent after the laying open; 
(Hi) amendments of the specification or drawings attached to the request 
under Section 
17bis(1) after the application has been laid open (in the case of an amendment 
under each paragraph of the pr~viso to Section 17bis(1), limited to one by 
submitting a written correction of mistranslation); 
(iv) extinguishment of patent rights (excluding that due to expiration of term 
and that under Section 112(4) or (5)) or the restoration (limited to that under 
Section 112bis(2)); 
(v) oppositions to the patents or dema.nds for trials or retrials, or withdrawal 
thereof; 
(vi) final and conclusive rulings on the oppositions to the patents, trial 
decisions, or rulings of retrials or retrial decisions; 
(vii) particulars stated in the corrected specification and the contents of the 
drawings (limited to those which a final and conclusive ruling or trial decision to 
correct has been rendered); 
(viii) requests for an arbitration decision or withdrawals thereof and arbitration 
decisions; 
(ix) final judgments in an action under Section 178(1). 
(Production of documents, etc.) 
194.--(1) The Commissioner of the Patent Office or the examiner may 
require a party to produce documents or other evidence necessary for a 
procedure other than one relating to an opposition to the patent, a trial, or a 
retrial. 
(2) The Commissioner of the Patent Office or the examiner may entrust a 
related administrative organization or an educational establishment or other 
body with the search necessary for an examination. 
(Fees) 
195.-(1 ) The person specified hereunder shall pay the fee the amount of 
which shall be prescribed by Cabinet Order with the actual costs taken into IP/NIlIJPN/PI1 
Page 100 
consideration: 
(i) person requesting extension of the time limit under Section 4, 5(1) or 
108(3), or change of date under Section 5(2); 
(ii) person requesting re-issuance of Letters Patent; 
(iii) person making· notification of succession in accordance with Section 
34(4); 
(iv) person requesting issuance of certificate in accordance with Section 
186; 
(v) person requesting issuance of copy or extract of documents in 
accordance with Section 186; 
(vi) person requesting inspection or copying of documents in accordance 
with Section 186; 
(vii) person requesting issuance of documents containing matters recorded 
in that part of the Patent Register as prepared on magnetic tapes, in accordance 
with Section 186. 
(2) The persons specified in the left-hand column of the attached table shall 
pay the fee the amount of which shall be prescribed by Cabinet Order within the 
limit of the amounts specified in the right-hand column of the table. 
(3) Where, after a person other than the applicant has made a request for 
examination, the number of claims is increased because of an amendment with 
respect to the specification attached to the request, the fee for the request for 
examination to be paid under the preceding subsection shaU be paid by the 
applicant for the increased number of claims, notwithstanding the preceding 
subsection. 
(4) The three preceding subsections shall not apply where the person to 
pay the fee in accor-
dance with the subsections is the State. 
(5) The payment of the fee under subsections (1) to (3) shall be made by 
patent revenue stamps as prescribed by an ordinance of the Ministry .of 
International Trade and Industry. 
(6) A fee paid by mistake or in excess shall be refunded upon the request of the person making the payment. IP/NIlIJPN/PI 1 
Page 101 
(7) No request for a refund of a fee under the preceding subsection may be 
made after one year from the date of payment. 
(Reduction of fee for request for examination, or exemption therefrom) 
195bis.-Where a person making a request for examination with respect to his 
own patent application is the inventor of the invention claimed in the application 
or his heir and is recognized as h?ving no means to pay the fee for the request 
under Section 195(2), the Commissioner of the Patent Office may reduce such 
fee or exempt him from payment as prescribed by Cabinet Order. 
(Exemption of application of Administrative Procedure Law) 
195ter.-The second and third chapters of the Administrative Procedure Law 
(Law No. 88 in 1993) shall not apply for the measures under this Law or an order 
or ordinance thereunder this Law. 
(Restriction on appeals under Administrative Appeal Law) 
195quater.-No appeal under the Administrative Appeal Law shall lie from an 
examiner's decision or a ruling to revoke a patent, a trial decision, and a ruling to 
disr:niss a written opposition to the patent, or a demand for a trial or retrial nor 
from measures against which no appeal lies in accordance with this Law. 
Chapter XI --Penal Provisions 
(Offense of infringement) 
196.-(1) Any person who has infringed a patent right or an exclusive 
license shall be liable to imprisonment with labor not exceeding five years or to a 
fine not exceeding 5,000,000 yen. 
(2) . The prosecution for the offenses under the preceding subsection shall 
be initiated upon complaint. 
(Offense of fraud) 
197.--Any person who' has obtained a patent, a registration of an extension of 
the term of a patent right, a ruling on the opposition to the patent, or a trial lPlNllIJPN/P/1 
Page 102 
decision by means of a fraudulent act shall be liable to imprisonment with labor 
not exceeding three years or to a fine not exceeding 3,000,000 yen. 
(Offense of false marking) 
198.--Any person infringing Section 188 shall be liable to imprisonment with 
labor not exceeding three years or to a fine not exceeding 310001000 yen. 
(Offense of perjury, etc.) 
199.-(1) A witness, expert witness or interpreter who, having taken an 
oath under this law, has made a false statement or has given a false expert 
opinion or has interpreted falsely before the Patent Office or a court 
commissioned thereby shall be liable to imprisonment with labor for a term not 
less than three months nor more than ten years. 
(2) Where a person committing the offense in the preceding subsection has 
made a voluntary confession before the ruling on the opposition to the patent or 
trial decision concerning the case has become final and conclusive , his 
sentence may be reduced or suppressed. 
(Offense of divulging secrets) 
200.-Where any present or former official of the Patent Office has divulged or 
made surreptitious use of the secrets relating to an invention in a patent 
application to which he had access in the course of his duties, he shall be liable 
to imprisonment with labor not exceeding one year or a fine not exceeding 
5001000 yen. 
(Dual liability) 
201.--Where an officer representing a legal entity or a representativel employee 
or any other servant of a legal entity or of a natural person has committed an act 
in violation of Section 196(1)1 197 or 1981 with regard to the business of the legal 
entity or natural personl· the legal entity or the natural person shall, in addition to 
the offender, be liable to the fine prescribed in those sections. 
(Administrative penalties) 
202.-Where a person who has taken an oath under Section 267(2) or 336 of the 
Code of Civil Procedure as applied under Section 151 [including its application 
under Section 119 (including its application under Sections 174(1)) and 174(2) to (4) of this Law] has made a false IP/NIlIJPN/PI 1 
Page 103 
statement before the Patent Office or a court commissioned thereby, he shall be 
liable to an administrative penalty not ex~eeding 100,000 yen. 
203.-Where a person who has been summoned by the Patent Office or a court 
commissioned thereby in accordance with this Law has failed to appear or has 
refused to take an oath, to make a statement, to testify, to give an expert opinion 
or to interpret, without a legitimat~ reason, he shall be liable to an administrative 
penalty not exceeding 100,000 yen. 
204.-Where a person who has been ordered by the Patent Office or a court 
commissioned thereby to produce or show documents or other evidence in 
accordance with the provisions of this Law relating to the examination or 
preservation of evidence has failed to comply with the order, without a legitimate 
reason, he shall be liable to an administrative penalty not exceeding 100,000 
yen. 
Supplementary Provision 
(Law No. 121 of 1959) 
The entry into force of this Law shall be established by another law. 
Supplementary Provisions 
(Extract from Law No. 91 of 1970) 
(Entry into force) 
1.--This Law shall enter into force on January 1, 1971. 
(Application of Patent Law before revision) 
2.--A patent application which is pending in the Patent Office at the time of entry 
into force of this Law shall, except as otherwise provided, be dealt with as 
heretofore until the examiners decision or trial decision with respect to the 
application has become final and conclusive. 
(Annual fees) 
3.--An annual fee which has been paid or should have been paid before the IP/N/lIJPN/P/1 
Page 104 
entry into force of this Law shall be as heretoforel notwithstanding Section 
107(1) of the Patent Law after its revision (hereinafter referred to as the 
lIamended Patent Law"). 
(Grounds for invalidation of patents) 
4.--The grounds for invalidation of a patent resulting from a patent application 
filed before the entry into force -of this Law shall be as heretoforel 
notwithstanding Section 29bis and 123(1 )(i) of the amended Patent Law. 
(Application fees) 
5.-Section 195(1) of the amended Patent Law shall apply with respect to a fee 
to be paid after the entry "into force of this Law. Howeverl this provision shall not 
apply to the fee prescribed 
in point 4 of the table attached to said Law with respect to a patent application 
filed before the entry into force of this Law. 
(Delegation to Cabinet Order) 
9.--ln addition to those provided for in the preceding sectionsl the transitory 
m~asures necessary for the implementation of this Law shall be prescribed by 
Cabinet Order. 
Supplementary Provisions 
(Extract from Law No. 46 of 1975) 
(Entry into force) 
1.--This Law shall enter into force on January 11 19761 with the following 
exceptions: 
(i) the amended table under Section 107(1) of the Patent Law and the 
a~ended table attached to the Patent Law1 and Section 2(2) of these 
Supplementary Provisions shall enter into force on the day of promulgation of 
this Law; 
(ii) the amended proviso to Section 17(1) of the Patent Law (with the 
exception of the portion amending lIand Section 64" to "Sections 17ter and 6411
) 
shall enter into force' on the day on which become effective the provisions of 
Articles 1 to 12 of the Paris Convention for the Protection of Industrial Property IP/NIlIJPN/PIl 
Page 105 
of March 20, 1883, as revised at Brussels on December 14, 1900, at 
Washington on June 2, 1911, at the Hague on November 6, 1925, at London on 
June 2, 1934, at Lisbon on October 31, 1958 and at Stockholm on July 14, 1967, 
in accordance with Article 20(2)(c) of said Paris Convention. 
(Transitory measures incident to revision of Patent Law) 
2.-(1) A patent application which is pending in the Patent Office at the time of 
entry into force of this Law shall, except for the fee to be paid in accordance with 
Section 195(1) of the Patent Law after its revision, be dealt with as heretofore 
until the examiners decision or trial decision with respect to the application has 
become final and conclusive. 
(2) An annual fee which has been paid or should have been paid before the 
day of promulgation of this Law shall be as heretofore, notwithstanding Section 
107(1) of the Patent Law after its revision. 
(3) The grounds for invalidation of a patent resulting from a patent 
application filed before the entry into force of this Law shall be as heretofore. 
Supplementary Provisions 
(Extract from Law No. 45 of 1981) 
(Entry into force) 
1.--This Law shall enter into force from the day of promulgation However,,,. the 
amended provisions of Section 107(1) of the patent Law, the amended 
provisions of Section 31 (1) of the Utility Model La\N, the amended provisions of 
Section 42(1) and (2) of the Design 
Law, the amended provisions of Section 40(1) and (2) of the Trademark Law ... 
shall enter into force on June 1, 1981. 
(Transitory measures) 
2.--The following fees shall be as heretofore: 
(iii) An annual fee 'which has been paid or should have been paid before the 
entry into force of the amended provisions of Section 107(1) of the Patent Law. IP/N/lIJPN/P/1 
Page 106 
Supplementary Provision 
(Extract from Law No. 41 of 1985) 
(Entry into force) 
i.-This Law shall enter into force on the day to be set by Cabinet Order within 
six months from the day of promulgation 
(Transitory measures) 
i.-For the purposes of a patent of addition application filed before the entry into 
force of this Law and pending in the Patent Office at the time of entry into force 
of this Law or a patent right of addition in existence at the time of entry into force 
of this Law, the provisions of the Patent Law before the revision by this Law shall 
still have effect after the entry into force of this Law. 
2.-For the purposes of an amendment which was made before the entry into 
force of this Law with respect to the specification or drawings attached to the 
request of a patent application or a utility model application (limited to an 
amendment made before the transmittal of the ruling that the application is to be 
published) and which was declined by a ruling that the amendment would 
ch~nge the gist of the specification or drawings attached to the said request, the 
provisions of the Patent Law and the Utility Model Law before the revision by this 
Law shall still have effect after the entry into force of this Law. 
Supplementary Provisions 
(Extract from Law No. 27 of 1987) 
(Entry into force) 
i.-This Law shall enter into force on January 1, 1988. However, the provisions 
indicated in the following paragraphs shall enter into force on the dates specified 
respectively in said paragraphs: 
(i) Section 107 and "Attached Table" (Related to Section 195) -June 1, 
1987; 
(ii) Section 184quater, Section 184quinquies, Section 184sexies, Section 
184septies, Section 1840cties, Section 184novies, Section 184decies-bis, 
Section 184undecies~ter, Section 184duodecies, Section 184terdecies and 
Section 184sedecies -December 8, 1987. (Transitory measures) IP/N/lIJPN/P/1 
Page 107 
3.-(1) Section 36(4) and (5), Section 37, section 49(iii), the proviso to Section 
55(1), the portion other than the paragraphs of Section 123(1) except paragraph 
(iii) thereof, Section 155(3), Section 185 and Section 195(3) of th.e Patent Law 
after amendment (hereinafter referred to as "New Patent Law") shall apply to a 
patent application filed after the entry into force of this Law while a patent 
application filed before the entry into force of this Law shall be dealt with as 
heretofore. 
(2) The principal sentence of Section 55 of the New Patent Law (including 
its application under Section 13 of the Utility Model Law) shall apply to a patent 
application or a utility model application published (Ko[-G-]koku) after the entry 
into force of this Law while a patent application or a utility model application 
published (Ko[-G-]koku) before the entry into force of this Law shall be dealt with 
as heretofore. 
Supplementary Provisions 
(Extract from Law No. 91 of 1988) 
(E.ntry into force) 
1.--This Law shall enter into force on January 1, 1989. 
Supplementary Provisions 
(Extract from Law No. 30 of 1990) 
(Entry into force) 
1.--This Law shall enter into force on December 1, 1990. 
Supplementary Provisions 
(Extract from Law No. 26 of 1993) 
(Entry into force) 
i.-This Law shall come into force as of a day to be determined by Cabinet 
Order within a period not exceeding one year counting from the day of 
promulgation. IP/N/lIJPN/P/l 
Page 108 
Supplementary Provisions 
(Extract from Law No. 89 of 1993) 
(Entry into force) 
1.--This Law shall enter into force on the date (October 1, 1994) on which the 
Administrative Procedure Law (Law No. 88 in 1993) is to enter into force. 
Supplementary Provisions 
(Extract from Law No. 116 of 1994) 
(Entry into force) 
1.--This Law shall enter into force on July 1, 1995. However, the provisions 
indicated in the following paragraphs shall enter into force on the specified 
respectively in the said paragraphs. 
(i) The amended provisions of Section 30(3) of the Patent Law prescribed 
in Section 1; 
the provisions prescribed in Section 5 (excluding the amended provisions of 
Sections 10(3), 13(1), 44(2) and 63bis of the Trademark Law); and 
the provisions prescribed in Section 9: 
-J~ly 1, 1995 or the day on which the Marrakesh Agreement Establishing the 
World Trade Organization become effective in Japan ... whichever is later. 
(ii) The provisions prescribed in Section 2; 
the amended provisions of Sections 3bis(1) (limited to the part amending 
"publication of application" into "publication of the Patent Gazette containing the 
matters referred to in each paragraph thereof'), 10(5) and (6), 14(4) and 39(3), 
the amended provisions of Section 45 (excluding the part adding a subsection to 
this Section), the amended provisions of Section 50bis (limited to the part 
amending "Section 174(2)" into "Section 174(3)" and "Section 1 93(2)(v)" into 
"Section 193(2)(iv)"), the amended provisions of Section 53(2) and the amended 
provisions of Section 62 (limited to the part amending "Section 174(2)" into 
"Section 174(3)"), of the Utility Model Law; 
the amended provisions of Sections 13(3), 19, 58, 68(1) and 75 of the Design 
Law; 
the provisions prescribed in Section 6; 
the amended provisions' of the Patent Attorney Law prescribed in Section 7; and 
the provisions of Sections 8, 9, 10(2), 17 and 19: -January 1, 1996. 
Attached Table 
(Related to Section 195) 
Person liable to pay Amounts 
1. Person filing patent appli~ation (except those 
lited below) *021,000 per case IP/N/lIJPNIP11 
Page 109 
2. Person filing foreign language file application *035,000 per case 
3. Person taking proceeding under Section 184quinquies(1) 
*021,000 per case 
4. Person making request under Section 184vicies(1) *021,000 per 
case 
5. Person making request for extension of term of patent right 
*074,000 per case 
6. Person making request for examination *084,300 per case plus 
*02,700 per claim 
7. Person amending specification or drawings by 
submitting written correction of incorrect translation *019,000 per case 
8. Person requesting interpretation in accordance with Section 71 (1) 
*040,000 per case 
9. Person requesting arbitration decision *055,000 per case 
10. Person requesting cancellation of arbitration decision *027,500 per 
case IP/NIlIJPNlP11 
Page 110 
11. Person filing opposition to patent 
per claim *08,700 per case plus *01,000 
12. Person applying to intervene in examination of 
opposition to patent *011,000 per case 
13. Person demanding trial or retrLal (except those 
listed below) *049,500 per case plus *05,500 per claim 
14. Person demanding trial against examiner's decision of refusal of, or trial 
for invalidation of, registration of extension of term of patent right or retrial 
against any of these final and conclusive trial decisions *055,000 per case 
15. Person demanding amendment of specification or 
drawings *049,500 per case plus *05,500 per claim 
16. . Person demanding intervention in trial or retrial *055,000 per case 
o 