 
  WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO  IP/N/1/JPN/P/3 
25 March 2004 
 (04-1361) 
Council for Trade-Related Aspects 
of Intellectual Property Original:   English/ 
 anglais/  inglés 
  
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND 
REGULATIONS NOTIFIED UNDER ARTICLE 63.2 
OF THE AGREEMENT 
 
JAPAN 
   The present document reproduces the text
1 of the Patent Law, as last amended 
on 22 December 1999, as notified by Japan under Article 63.2 of the Agreement (see document 
IP/N/1/JPN/2). 
 
 Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce  
 
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA 
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
 
JAPON 
   Le présent document contient le texte
1 de la Loi sur les brevets, modifiée en dernier lieu le 
22 décembre 1999, qui a été notifié par le Japon au titre  de l'article 63:2 de l' Accord (voir le document 
IP/N/1/JPN/2).  
 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio  
 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA PROPIEDAD 
INTELECTUAL NOTIFICADOS EN VIRTUD DEL PÁRRAFO 2 
DEL ARTÍCULO 63 DEL ACUERDO 
 
JAPÓN 
 
 
 En el presente documento se reproduce el texto1 de la Ley de Patentes, modificada por última 
vez el 22 de diciembre de 1999, que el Japón ha noti ficado en virtud del párrafo  2 del artículo 63 del 
Acuerdo (véase el documento IP/N/1/JPN/2). 
                                                      
1 In English only./En anglais seulement./En inglés solamente. IP/N/1/JPN/P/3 
Page 2  
 
  
  
 
 
 
 
  
JAPAN 
  
 
  
Patent Law 
  
 
  
Law No. 121 of April 13, 1959 as amended by Law No. 220 of 
December 22, 1999 
ENTRY INTO FORCE: January 6, 2001 (The proviso of Section 
46(1), (2) and amendment in Section 48ter.(1) shall enter into 
force as of October 1, 2001, and Section 186(3) shall enter 
into force as of April 1, 2001.)  IP/N/1/JPN/P/3 
 Page 3 
 
 
 TABLE OF CONTENTS 
 
Chapter I  General Provisions 
 
1.  Purpose 
2.  Definitions 3.  Computation of time limits 
4.  Extension of time limits 
5. 6.  Capacity of associations, etc. which are not legal entities to 
proceed before the Office 
7.  Capacity of minors or majors under guardianship, etc. to proceed before the Office 
8.  Patent administrator for residents abroad 
9.  Scope of powers of attorney 10.  Proof of powers of attorney  [Deleted] 
11.  Non-extinguishment of powers of attorney 
12.  Independent representation 13.  Replacement of representatives, etc. 
14.  Mutual representation of parties 
15.  Venue of court for residents abroad 16.  Ratification of acts of persons lacking capacity 17.  Amendment of proceedings 
17bis.  Amendment of specification or drawings attached to request 
17ter.  Amendment of abstract 17quater.  Amendment of corrected specification or drawings 
18.  Dismissal of procedure 
18bis.  Dismissal of an irregular procedure 19.  Time of submission of request, etc. 
20.  Succession to effects of procedure 
21.  Continuation of procedure 22.  Interruption or suspension of procedure 
23. 
24. 25.  Enjoyment of rights by aliens 
26.  Effect of treaties 
27.  Registration in Patent Register 28.  Issuance of Certificate of Patent 
 
Chapter II  Patents and Applications for Patents 
 
29.  Patentability of inventions 
29bis. 
30.  Exceptions to lack of novelty of invention 31.  [Deleted] 
32.  Unpatentable inventions 
33.  Right to obtain patent 34. 
35.  Employees’ inventions 
36.  Applications for patent 36bis. 37. 
38.  Joint applications 
39.  First-to-file rule IP/N/1/JPN/P/3 
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 40.  [Deleted] 
41.  Priority claim based on patent application, etc. 42.  Withdrawal, etc. of earlier application 
43.  Priority claim under the Paris Convention 
43bis.  Priority claim declared as governed by the Paris Convention 44.  Division of patent applications 
45.  [Deleted] 
46.  Conversion of applications 
 
Chapter III  The Examination 
 
47.  Examination by examiner 48.  Exclusion of examiners 
48bis.  Examination of patent applications 
48ter.  Requests for examination 48quater. 
48quinquies. 
48sexies.  Preferential examination 49.  Examiner’s decision of refusal 
50.  Notification of reasons for refusal 
51.  Examiner’s decision that a patent is to be granted 52.  Formal requirements of decision 53.  Declining of amendments 
54.  Relationship with litigation 
55.  [Deleted] (to 63.) 
 
Chapter IIIbis  Laying Open of Applications 
 
64.  Laying open of applications 64bis.  Request for laying open of applications 
64ter. 
65.  Effects of laying open of applications 
 
Chapter IV  The Patent Right 
 
1. The Patent Right 
 
66.  Registration of establishment of patent right 67.  Term of patent right 67bis.  Registration of extension of term of patent right 
67bis-bis. 
67ter. 67quater. 
68.  Effects of patent right 
68bis.  Effects of the term extended patent right 69.  Limits of patent right 
70.  Technical scope of patented inventions 
71. 71bis. 72.  Relationship with another’s patented invention, etc. 
73.  Joint patent rights 
74.  [Deleted] 75.  [Deleted] 
76.  Extinguishment of patent right in absence of heir  IP/N/1/JPN/P/3 
 Page 5 
 
 
 77.  Exclusive licenses 
78.  Non-exclusive licenses 79.  Non-exclusive license by virtue of prior use 
80.  Non-exclusive license due to working prior to registration of 
demand for invalidation trial 81.  Non-exclusive license after expiration of design right 
82. 
83.  Arbitration decision on grant of non-exclusive license in case of non-working 
84.  Submission of written reply 
85.  Hearing of Industrial Property Council, etc. 86.  Formal requirements of arbitration 
87.  Transmittal of copy of arbitration decision 
88.  Deposit of consideration 89.  Lapse of arbitration decision 
90.  Cancellation of arbitration decision 
91. 91bis.  Restriction on objections to arbitration decision 92.  Arbitration decision on grant of non-exclusive license on one’s 
own patented invention 
93.  Arbitration decision on grant of non-exclusive license in public interest 
94.  Transfer, etc. of non-exclusive license 
95.  Pledges 96. 
97.  Surrender of patent right, etc. 
98.  Effects of registration 99. 
 
2.  Infringement 
 
100.  Injunction 
101.  Acts deemed to be infringement 
102.  Presumption, etc. of amount of damage 103.  Presumption of negligence 
104.  Presumption of manufacture by patented process 
104bis  Obligation to clarify relevant act in concrete manner 105.  Production of documents, etc. 
105bis.  Expert opinion for proof of damage 
105ter.  Award of reasonable of damages 106.  Measures for recovery of reputation 
 
3.  Annual Fees 
 
107.  Annual fees 
108.  Time limit for payment of annual fees 
109.  Reduction or deferment of payment of annual fees or exemption therefrom 
110.  Payment of annual fees by an interested person 
111.  Refund of annual fees 112. Late payment of annual fees 112bis.  Restoration of patent right by late payment of annual fees 
112ter.  Restriction on effects of patent right restored 
 IP/N/1/JPN/P/3 
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 Chapter V  Opposition to the Patent 
 
113.  Opposition to the patent 
114.  Ruling 
115.  Formal requirements of a written opposition, etc. 116.  Designation of trial examiners, etc. 
116bis.  Trial clerk 
117.  Conduct of trial examination, etc. 118.  Intervention 119.  Taking of evidence and preservation thereof 
120.  Trial examination ex officio 
120bis.  Combination or separation of trial examination 120ter.  Withdrawal of oppositions 
120quater.  Submission of arguments, etc. 
120quinquies.  Formal requirements of ruling 120sexies.  Application mutatis mutandis of provisions on trial 
 
Chapter VI  Trial 
 
121.  Trial against examiner’s decision of refusal 
122.  [Deleted] 
123.  Trial for invalidation of patent 124.  [Deleted] 
125. 
125bis.  Trial for invalidation of registration of extension of term 126.  Trial for correction 
127. 
128. 129.  [Deleted] 
130.  [Deleted] 
131.  Formal requirements of demands for trial 132.  Joint trial 
133.  Dismissal by ruling in the case of non-compliance with formal 
requirements 133bis.  Dismissal of irregular procedure 134.  Submission of written reply, etc. 
135.  Dismissal of irregular demand by trial decision 
136.  Collegial system in trial 137.  Designation of trial examiners 
138.  Trial examiner-in-chief 
139.  Exclusion of trial examiners 140. 
141.  Challenge of trial examiner 
142.  Formal requirements of motion of exclusion or challenge 143.  Ruling on motion of exclusion or challenge 
144. 
144bis.  Trial clerk 145.  Conduct of trial examination 
146. 
147.  Records 148.  Intervention 
149. 
150.  Taking of evidence and preservation thereof 151.  IP/N/1/JPN/P/3 
 Page 7 
 
 
 152.  Trial examination ex officio 
153. 154.  Combination or separation of trials 
155.  Withdrawal of demand for trial 
156.  Notification of conclusion of trial examination 157.  Trial decision 
158.  Special provisions for trials against examiner’s decision of 
refusal 159. 
160. 
161. 162. 
163. 
164. 165.  Special provisions for trials for correction 
166. 
167.  Effects of trial decision 168.  Relationship with litigation 169.  Costs of trial 
170.  Executory force of ruling on amount of costs 
 
Chapter VII  Retrial 
 
171.  Demand for retrial 
172. 173.  Time limit for demand for retrial 
174.  Application mutatis mutandis of provisions on trial, etc. 
175.  Restriction on effects of patent right restored by retrial 176. 
177.  [Deleted] 
 
Chapter VIII  Litigation 
 
178.  Actions against trial decisions, etc. 
179.  Defendant in the action 180.  Notification of institution of action 
181.  Annulment of the trial decision or ruling 
182.  Sending of certified copy of the judgment 183.  Action on amount of remuneration 
184.  Defendant in the action 
184bis.  Relationship between administrative appeal and litigation 
 
Chapter IX  Special Provisions concerning International Applications 
under the Patent Cooperation Treaty 
 
184ter.  Patent application based on international application 184quater.  Translation of international patent application in 
foreign language 184quinquies.  Submission of papers and invitation to correction 
184sexies.  Effect, etc. of request, description, etc., of 
international application 184septies.  Amendment under Article 19 of the Treaty of the 
Japanese language patent application 
184octies.  Amendment under Article 34 of the Treaty IP/N/1/JPN/P/3 
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 184novies.  National publication of translation, etc. 
184decies.  Effects, etc. of international publication and national publication 
184undecies.  Special provisions concerning patent administrator for 
residents abroad 184duodecies.  Special provisions concerning amendment 
184terdecies.  Special provisions concerning patentability 
184quater decies. 184quindecies.  Special provisions concerning priority claim based 
on patent applications, etc. 
184sedecies.  Special provisions concerning conversion of applications 
184septies decies.  Time limit for making request for examination 
184duodevicies.  Special provisions for reasons for refusal, etc. 184undevicies.  Special provisions concerning correction 
184vicies.  International application recognized as patent 
application by decision 
 
Chapter X  Miscellaneous Provisions 
 
185.  Special provisions for patent or patent right covering two or more claims 186.  Request for certification, etc. 
187.  Indication of existence of patent 
188.  Prohibition of false marking 189.  Transmittal of documents 
190. 
191. 192. 
193.  Patent Gazette 
194.  Production of documents, etc. 195.  Fees 
195bis.  Reduction of fee for request for examination, or exemption 
therefrom 195ter.  Exemption of application of Administrative Procedure Law 
195quater.  Restriction on appeals under Administrative Appeal Law 
 
Chapter XI  Penal Provisions 
 
196.  Offense of infringement 
197.  Offense of fraud 198.  Offense of false marking 
199.  Offense of perjury, etc. 
200.  Offense of divulging secrets 201.  Dual liability 
202.  Administrative penalties 
203. 204. 
 
Attached Table (Related to Section 195)  IP/N/1/JPN/P/3 
 Page 9 
 
 
 Chapter I  General Provisions 
 
1.  Purpose 
 
 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. 
 
2.  Definitions 
 
 (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 the case of an invention of a process of 
manufacturing a product, 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. 
 
3.  Computation of time limits 
 
 (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 paragraphs of 
Section 1(1) of the Law concerning holidays of administrative 
organizations (Law No. 91 of 1988), the last day of the period shall be the day following such holiday or holidays. IP/N/1/JPN/P/3 
Page 10  
 
  
4.  Extension of time limits 
 
 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-
in-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. 
 
6.  Capacity of associations, etc. which are not legal entities to proceed before the Office 
 
 (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).  
7.  Capacity of minors or majors under guardianship, etc. to proceed 
before the Office 
 
 (1) Minors and majors placed under guardianship 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 curatorship 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 the guardian, the former shall obtain 
the consent of the latter. 
  IP/N/1/JPN/P/3 
 Page 11 
 
 
  (4) Where a person placed under curatorship 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. 
 
8.  Patent administrator for residents abroad 
 
 (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 a “resident abroad”) may not, except 
where prescribed by Cabinet Order, proceed 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 re presentative with respect to his 
patent who has his domicile or residence in Japan (hereinafter 
referred to as “patent administrator”). 
  (2) The patent administrator shall 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.  However, this provision shall not apply where a resident abroad restricts the scope of power of attorney of his 
patent administrator. 
 
9.  Scope of powers of attorney 
 
 A representative of a person who is domiciled or a resident (or, in the case of 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), make a request for laying open of an application, demand a trial under Section 121(1), 
surrender a patent right or appoint a sub-representative. 
 
10.  Proof of powers of attorney  [Deleted] 
 
11.  Non-extinguishment of powers of attorney 
 
 The power of attorney of a representative of a person 
proceeding before the Office shall not become extinguished on the 
principal’s death or on merger in the case of a legal entity, or on the termination of the duty of trust, where a trustee is the 
principal, or on the death of a legal representative or on the 
modification or extinguishment of his power of attorney.  
12.  Independent representation 
 
 Where a person proceeding before the Office has two or more 
representatives, each of them shall represent the principal. 
 
 IP/N/1/JPN/P/3 
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 13.  Replacement of representatives, etc. 
 
 (1) The Commissioner of the Patent Office or the trial 
examiner-in-chief may, if he considers a person proceeding before 
the Office to be incompetent, order a representative to act.  
 (2) The Commissioner of the Patent Office or the trial 
examiner-in-chief may, if he considers the representative of a person proceeding before the Office to be incompetent, order him to be replaced. 
 
 (3) In the case of the preceding two subsections, the 
Commissioner of the Patent Office or the trial examiner-in-chief may 
order that a patent attorney be the representative. 
  (4) The Commissioner of the Patent Office or the trial 
examiner-in-chief may dismiss any action taken before the Office by 
a person or representative referred to respectively in Subsection (1) or (2) after the issuance of an order under Subsection (1) or 
(2). 
 
14.  Mutual representation of parties 
 
 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, surrender and 
withdrawal of a patent application, the withdrawal of an application for registration of an extension of the term of a patent right, the 
withdrawal of a demand, request, or motion, the making and 
withdrawal of a priority claim under Section 41(1), the making of a request for laying open of an application, and 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.  
15.  Venue of court for residents abroad 
 
 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 5(iv) of the Code of Civil Procedure (Law No. 109 of 1996). 
 
16.  Ratification of acts of persons lacking capacity 
 
 (1) The acts of a minor (other than one who has independent 
capacity to perform legal acts) or of a major placed under 
guardianship may be ratified by his legal representative (or by the 
principal when he has gained capacity to proceed before the Office).   IP/N/1/JPN/P/3 
 Page 13 
 
 
  (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 placed under curatorship taken without his curator’s consent may be ratified by such person with 
his curator’s consent. 
  (4) The acts of a legal representative taken without consent 
of supervisor of the guardian, where there is such a supervisor, may 
be ratified by the legal representative when he has obtained the supervisor’s consent or by the principal when he has gained capacity 
to proceed before the Office. 
 
17.  Amendment of proceedings 
 
 (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 the subsequent Section to 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). 
 
 (3) The Commissioner of the Patent Office may invite amendment, designating an adequate time limit, in the following 
cases: 
 (i) when the requirements of Section 7(1) to (3) or 9 have not been complied with; 
 (ii) when the formal requirements specified in this Law or in 
an order or ordinance thereunder have not been complied with;  (iii) when the fees due to be paid under Section 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. 
 
17bis.  Amendment of specification or drawings attached to request 
 
 (1) An applicant for a patent may, before the transmittal of the copy of an examiner’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 IP/N/1/JPN/P/3 
Page 14  
 
 159(2) (including its application under Section 174(2) and under 
Section 163(2)) (hereinafter referred to in this paragraph as “Section 50”)] and amendment is made within the time limit 
designated in accordance with Section 50; 
 (ii) where 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. 
  (3) An amendment of the specification 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 the preceding subsection, in 
the case of Subsection (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 errors in the description;  (iv) the clarification of an ambiguous description (only the 
amendment with respect to the matters mentioned in the reasons for 
the refusal concerned in the notification of the reasons for the refusal). 
 
 (5) Section 126(4) shall apply mutatis mutandis to the case of the preceding subsection. 
 
 
  IP/N/1/JPN/P/3 
 Page 15 
 
 
 17ter.  Amendment of abstract 
 
 An applicant for a patent may amend the abstract within one 
year and three months from the filing date of his patent application 
(excluding the period after a request made for laying open of an application) [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 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, 1900, at Washington on June 2, 1911, at Hague on November 6, 1925, at London on June 2, 
1934, at Lisbon on October 31, 1958, and at Stockholm on July 14, 
1967 — hereinafter the same) or of an application recognized as the first application in accordance with 4A(2) of the Paris Convention; and in the case of a patent application containing two or more 
priority claims under 41(1), 43(1) or 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)]. 
 
17quater.  Amendment of corrected specification or drawings 
 
 (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)). 
 
18.  Dismissal of procedure 
 
 (1) The Commissioner of the Patent Office may dismiss 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 establishment of a patent right fails to pay the annual fees within the time limit fixed in Section 
108(1). 
 IP/N/1/JPN/P/3 
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  (2) The Commissioner of the Patent Office may dismiss 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). 
 
18bis.  Dismissal of an irregular procedure 
 
 (1) The Commissioner of the Patent Office shall dismiss an 
irregular procedure which cannot be amended. 
  (2) Where the Commissioner of the Patent Office intends to 
dismiss a procedure under the preceding subsection, he shall notify 
the person who is proceeding of the reasons for dismissal designating an adequate time limit and give him an opportunity to 
submit a statement describing an explanation (hereinafter referred 
to as “explanatory statement”).  
19.  Time of submission of request, etc. 
 
 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. 
 
20.  Succession to effects of procedure 
 
 The effects of a procedure regarding a patent right or other right relating to a patent shall extend to a successor in title. 
 
21.  Continuation of procedure 
 
 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. 
 
22.  Interruption or suspension of procedure 
 
 (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 
examiner’s decision or a trial decision, render a ruling as to whether the procedure may be resumed. 
 
 (2) Such a ruling shall be in writing and state the reasons 
therefor.  IP/N/1/JPN/P/3 
 Page 17 
 
 
 23. 
 
 (1) Where a person who is to resume the procedure for an 
examination or a trial examination of the opposition to the patent 
and ruling thereon, a trial or 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 tr ial examiner-in-chief shall notify the 
parties accordingly. 
 
24. 
 
 Sections 124 (excluding Subsection (1)(iv)), 125 to 127, 128(1), 130, 131 and 132(2) (interruption or suspension of 
litigation) of the Code of Civil Procedure shall apply mutatis 
mutandis to a procedure with respect to an examination, a trial examination of an opposition to the patent and ruling thereon, a 
trial or retrial.  In such a case, a “process attorney” in Section 
124(2), “court” in Section 127, “court” in Section 128(1) and 131, and “court” in Section 130 of the said Code shall read, 
respectively, “representative entrusted with the examination, trial 
examination of an opposition to the patent and ruling thereon, a trial or retrial,” “Commissioner of the Patent Office or the trial 
examination-in-chief,” “Commissioner of the Patent Office or the 
trial examiner,” and “Patent Office.”  
25.  Enjoyment of rights by aliens 
 
 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 any 
one of the following cases:  (i) where his country allows Japanese nationals to enjoy 
patent rights or other rights relating to a patent under the same 
conditions as its own nationals;  (ii) where his country allows Japanese nationals to enjoy 
patent rights or other rights relating to a patent under the same 
conditions as its own nationals provided that Japan allows his country’s nationals to enjoy such rights; 
 (iii) where there are specific provisions in a treaty. 
 
 IP/N/1/JPN/P/3 
Page 18  
 
 26.  Effect of treaties 
 
 Where there are specific provisions relating to patents in a 
treaty, such provisions shall prevail. 
 
 
27.  Registration in Patent Register 
 
 (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.  
28.  Issuance of Certificate of Patent 
 
 (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 Economy, Trade and 
Industry.  
Chapter II  Patents and Applications for Patents 
 
29.  Patentability of inventions 
 
 (1) Any person who has made an invention which is industrially applicable may obtain a patent therefor, except in the case of the 
following inventions: 
 (i) inventions which were publicly known in Japan or elsewhere 
prior to the filing of the patent application; 
 (ii) inventions which were publicly worked in Japan or 
elsewhere prior to the filing of the patent application;  IP/N/1/JPN/P/3 
 Page 19 
 
 
  (iii) inventions which were described in a distributed 
publication or made available to the public through electric telecommunication lines in Japan or elsewhere prior to the filing of 
the patent application. 
  (2) Where an invention could easily have been made, prior to 
the filing of the patent application, by a person with ordinary 
skill in the art to which the invention pertains, on the basis of an invention or inventions referred to in any of the paragraphs of 
Subsection (1), a patent shall not be granted for such an invention 
notwithstanding Subsection (1).  
29bis. 
 
 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 another 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 the said Law) or of an 
application for a utility model registration which was filed prior 
to the filing date of 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 the said subsection or the laying open for public inspection (Kôkai) 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 the 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. 
 
30.  Exceptions to lack of novelty of invention 
 
 (1) In the case of an invention which has fallen under any of the paragraphs of Section 29(1) by reason of the fact that the 
person having the right to obtain a patent has conducted an 
experiment, has made a presentation in a printed publication, has made a presentation through electric telecommunication lines, or has 
made a presentation in writing at a study meeting held by a 
scientific body designated by the Commissioner of the Patent Office, such invention shall be deemed not have fallen under any of the 
paragraphs of Section 29(1) for the purposes of Section 29(1) and 
(2) to the invention claimed in the patent application which has IP/N/1/JPN/P/3 
Page 20  
 
 been filed by such person 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 for the purposes of Section 29(1) and (2) to the 
invention claimed in the patent application which has been filed by such person within six months from the date on which the invention 
first fell under any of those paragraphs. 
  (3) In the case of an invention which has fallen under any of 
the paragraphs of Section 29(1) by reason of the fact that the 
person having the right to obtain a patent has exhibited the invention at an exhibition held by the Government or 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 
government, 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 exhibition has been designated by the 
Commissioner of the Patent Office, Subsection (1) shall also apply 
for the purposes of Section 29(1) and (2) to the invention claimed in the patent application which has been filed by such person within 
six months form 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 shall submit a written statement to that effect to the Commissioner of the Patent Office simultaneously with 
the patent application and within 30 days of the filing of the 
patent application, he shall also submit to the Commissioner of the Patent Office a document proving that the invention that has fallen under any of the paragraphs of Section 29(1) is the invention for 
which the provision of Subsection (1) or the preceding subsection 
may be applicable.  
31.  [Deleted] 
 
32.  Unpatentable inventions 
 
 The inventions liable to contravene public order, morality or public health shall not be patented, notwithstanding Section 29. 
 
33.  Right to obtain patent 
 
 (1) The right to obtain a patent may be transferred. 
  IP/N/1/JPN/P/3 
 Page 21 
 
 
  (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 where 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.  
 (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 o ther 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). 
 
35.  Employees’ inventions 
 
 (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 IP/N/1/JPN/P/3 
Page 22  
 
 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 employee’s 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 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. 
 
36.  Applications for patent 
 
 (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;  (ii) 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 claim(s). 
 
 (4) The detailed explanation of the invention under the preceding Subsection (iii) shall state the invention, as provided 
for in an ordinance of the Ministry of Economy, 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 a claim basis, 
all matters which an applicant for a patent considers necessary in defining an invention for which a patent is sought.  In such a case,  IP/N/1/JPN/P/3 
 Page 23 
 
 
 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 claim(s) under Subsection (3)(iv) shall comply with each of the following paragraphs: 
 (i) statements setting forth the invention(s) for which patent 
is sought and which is described in the detailed explanation of the invention; 
 (ii) statements setting forth the invention(s) for which a 
patent is sought and which is clear;  (iii) statements setting forth the claim(s) which is concise; 
 (iv) statements which are as provided for in an ordinance of 
the Ministry of Economy, Trade and Industry.  
 (7) The abstract under Subsection (2) shall state the summary 
of the invention disclosed in the specification or drawings and other matters provided for in an ordinance of the Ministry of Economy, Trade and Industry. 
 
36bis. 
 
 (1) Any person desiring a patent may, in lieu of the 
specification, drawings necessary and abstract under the preceding Section (2), attach to the request a paper stating the matters to be 
stated in the specification under the preceding Section (3) to (6) 
in a foreign language specified in an ordinance of the Ministry of Economy, Trade and Industry and any text matter of the drawings in 
the foreign language (hereinafter referred to as the “foreign 
language file”) and a paper stating the matters to be stated in the abstract under the 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 the 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 drawings) referred to in the 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 the 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 under the preceding Section (2).  IP/N/1/JPN/P/3 
Page 24  
 
 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 machines, 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. 
 
38.  Joint applications 
 
 Where the right to obtain a patent is owned jointly, the patent may only be applied for jointly by all the joint owners. 
 
39.  First-to-file rule 
 
 (1) Where two or more patent applications relating to the same 
invention are filed on different dates, only the first applicant may obtain a patent for the invention.  
 (2) Where two or more patent applications 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 utility 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  IP/N/1/JPN/P/3 
 Page 25 
 
 
 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 applicant shall 
not obtain a patent for the invention.  
 (5) Where a patent application or a utility model application 
is abandoned, withdrawn or dismissed, or where an examiner’s decision or trial decision that a patent application is to be 
refused has become final and conclusive, such application shall, for 
the purposes of Subsections (1) to (4), be deemed never to have been made.  However, this provision shall not apply where an examiner’s 
decision or a trial decision that the patent application is to be 
refused under the provision of the last sentence of Subsection (2) or (4) becomes final and conclusive. 
 
 (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.  
 (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.  [Deleted] 
 
41.  Priority claim based on patent application, etc. 
 
 (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, 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 an “earlier application”) except in the following cases:  (i) the patent application concerned is not one filed within 
one year from the filing date of the earlier application; 
 (ii) the earlier application is a new patent 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 IP/N/1/JPN/P/3 
Page 26  
 
 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 dismissed; 
 (iv) at the time when the patent application concerned is 
filed, the examiner’s decision or the trial decision on the earlier application has become final and conclusive; 
 (v) at the time when the patent application 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 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, for the purposes of Sections 26, 31(2), and 32(2) of the Design Law (Law No. 125 of 1959) and for the purposes of Section 29, 33bis(1) and 
33ter(1) (including its application under Section 68(3) of the 
Trademark Law) of the Trademark Law (Law No. 127 of 1959).  
 (3) For inventions which are amongst those 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  IP/N/1/JPN/P/3 
 Page 27 
 
 
 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 earlier application shall be deemed to have 
been effected or published at the time when the publication of the 
Gazette containing the Patent or the laying open for public inspection relating to the patent application 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 setting 
forth a statement to that effect and an identification of the earlier application.  
42.  Withdrawal, etc. of earlier application 
 
 (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 dismissed, where the examiner’s 
decision or trial decision on that earlier application has become 
final and conclusive, where the registration of establishment 
referred to in Section 14(2) of the Utility Model Law with respect 
to the earlier application has been effected, or where all of the priority claims based on that earlier application have been 
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 claim 
shall be deemed to have been withdrawn simultaneously. 
 
43.  Priority claim under the Paris Convention 
 
 (1) A person desiring to declare a priority claim in respect of a patent application under D(1) of Article 4 of the Paris 
Convention shall, simultaneously with the patent application, submit 
to the Commissioner of the Patent Office a document setting forth a statement to that effect and specifying the country party to the 
Paris Convention in which the application was first filed, or 
considered under C(4) of the said Ar ticle to have been first filed, IP/N/1/JPN/P/3 
Page 28  
 
 or recognized under A(2) of the said Article to have been first 
filed, as well as the filing date of such application.  
 (2) A person who has declared a priority claim or priority 
claims by virtue of the preceding subsection shall submit a written statement to the Commissioner of the Patent Office setting forth the 
filing date or dates of the application or 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 the 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 the 
said application considered under C(4) of Article 4 of the Paris 
Convention to have been first filed or of the said application 
recognized under A(2) of the said Article to have been first filed;  (ii) the filing date or dates of the said 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 the said Article to be the first application.  However, when the number is not available before the submission of the documents referred to in that subsection, he shall 
submit a document setting forth the reason therefor instead of the 
document referred to and shall submit a document specifying the number as soon as it becomes available. 
 
 (4) Where a person who has declared a priority claim by virtue of Subsection (1) fails to submit the documents referred to in 
Subsection (2) within the time limit prescribed therein, the 
priority claim concerned shall lose its effect.  
 (5) Where a person claiming a priority under Subsection (1) 
specifying matters written in the documents as referred to in Subsection (2) with the number of the application based on the 
application which was filed in a country fixed by an ordinance of 
the Ministry of Economy, Trade and Industry and which can be converted by electromagnetic means (that is, electronic, magnetic  IP/N/1/JPN/P/3 
 Page 29 
 
 
 and other means which cannot be perceived by human perception) has 
submitted a paper setting forth the number of the application to the Commissioner of the Patent Office within a time limit prescribed in 
Subsection (2), the documents as referred to in Subsection (2) shall 
be deemed to have been filed for the purposes of the preceding two subsections. 
 
43bis.  Priority claim declared as governed by the Paris Convention 
 
 (1) A priority claim based on an application which a person 
specified in the left-hand column of the following table has filed in or for any country specified in the right-hand column of the 
following table may be declared as governed by the provision in 
Article 4 of the Paris Convention for an patent application:  
Japanese nationals or 
nationals of a country party to the Paris Convention (including 
nationals deemed to be the 
nationals of the country party in accordance with 
Article 3 of the Paris 
Convention — hereinafter the same in Subsection 
(2)). Member of the World Trade 
Organization  
Nationals of a Member of the World Trade Organization (meaning the 
nationals of Members 
provided for in paragraph 3 of Article 1 of the Annex 
1C to the Marrakesh 
Agreement Establishing the World Trade Organization —
hereinafter the same in 
Subsection (2)). Country party to the Paris 
Convention or Member of the World Trade Organization 
 
  (2) A priority claim based on an application which the 
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 the nationals of a country party to the Paris Convention or a Member of 
the World Trade Organization have filed in or for any specified 
country may be declared as governed by the provisions in Article 4 of the Paris Convention for a patent application. 
 
 (3) Section 43 shall apply mutatis mutandis to the declaration 
of a priority claim under Subsection (1) or (2). IP/N/1/JPN/P/3 
Page 30  
 
 44.  Division of patent applications 
 
 (1) An applicant for a patent may divide a patent application 
comprising two or more inventions into one or more new patent 
applications only 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) (including its application under Section 43bis(3)). 
 
 (3) For the purpose of Section 43(2) (including its application in Subsection (3) of the preceding section) where a new application is filed under the provision of Subsection (1), “within 
one year and four months from the earliest of the filing dates” in 
Section 43(2) shall read “within one year and four months from the earliest of the filing dates or within three months from the filing 
date of the new patent application, whichever is later.” 
  (4) Where the new patent application under Subsection (1) is 
filed, any statements or documents which have been submitted with 
respect to the original patent application and which shall be submitted with respect to the new patent application in accordance 
with Section 30(4), Section 41(4) or Section 43(1) and (2) 
(including its application under 43bis(3)), shall be deemed to have been submitted to the Commissioner of the Patent Office 
simultaneously with the said new patent application. 
 
45.  [Deleted] 
 
46.  Conversion of applications 
 
 (1) An applicant for a utility model registration may convert 
his application into a patent application.  However, this provision 
shall not apply after three years from the filing date of the application for a utility model registration. 
 
 (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 examiner’s 
first decision that the design application is to be refused or after lapse of three years from the filing date of the design application 
(excluding the 30-day period counted from the transmittal of the 
examiner’s first decision that the application is to be refused).  
 (3) The 30-day period prescribed in the proviso to Subsection 
(2) shall, when the time limit prescribed in Section 46(1) of the Design Law has been extended in accordance with Section 4 of this  IP/N/1/JPN/P/3 
 Page 31 
 
 
 Law as applied under Section 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) to (4) shall apply mutatis mutandis to the conversion of an application under Subsection (1) or (2). 
 
Chapter III  The Examination 
 
47.  Examination by examiner 
 
 (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. 
 
48.  Exclusion of examiners 
 
 Section 139(i) to (v) and (vii) shall apply mutatis mutandis 
to examiners.  
48bis.  Examination of patent applications 
 
 The examination of patent applications shall be carried out 
upon a request for examination. 
 
48ter.  Requests for examination 
 
 (1) When a patent application has been filed, any person may, within three 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.  
 (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.  
 
  IP/N/1/JPN/P/3 
Page 32  
 
 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; 
 (ii) 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. 
 
48sexies.  Preferential examination 
 
 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. 
 
49.  Examiner’s decision of refusal 
 
 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 does not comply with the 
requirements under Section 36(4) or (6), or Section 37;  (v) when the patent application concerned is a foreign 
language file application, the features disclosed 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;  IP/N/1/JPN/P/3 
 Page 33 
 
 
  (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. 
 
50.  Notification of reasons for refusal 
 
 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). 
 
51.  Examiner’s decision that a patent is to be granted 
 
 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. 
 
52.  Formal requirements of decision 
 
 (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. 
 
53.  Declining of amendments 
 
 (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). 
 
54.  Relationship with litigation 
 
 (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. 
 IP/N/1/JPN/P/3 
Page 34  
 
  (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.  [Deleted] (to 63.) 
 
Chapter IIIbis  Laying Open of Applications 
 
64.  Laying open of applications 
 
 (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.  This provision shall also apply where the request for laying open of an application 
under Section 64bis(1) is made. 
  (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 domicile 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 necessary 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 of the particulars stated 
in the abstract under Subsection (2)(v), publish those prepared by himself. 
 
64bis.  Request for laying open of applications 
 
 (1) An applicant for patent may request the Commissioner of 
the Patent Office to lay his application for patent open for public inspection, except the following cases:  (i) where the patent application has already been laid open 
for public inspection;  IP/N/1/JPN/P/3 
 Page 35 
 
 
  (ii) where the patent application is the application which has 
declared the priority claim referred to in Section 43(1) or Section 43bis(1) or (2) and for which the documents under Section 43(2) 
(including its application under 43bis(3)) and the statements under 
Section 43(5) (including its application under 43bis(3)) have not been submitted to the Commissioner of the Patent Office; 
 (iii) where the patent application is the foreign language 
file application for which the translation into Japanese of the foreign language file under Section 36bis(2) has not been submitted 
to the Commissioner of the Patent Office. 
  (2) The request for laying open of an application may not be 
withdrawn. 
 
64ter. 
 
 An applicant for a patent who desires to request for laying open of the application, shall submit the written request to the Commissioner of the Patent Office, stating the following matters: 
 (i) the name and the domicile or residence of the person 
making the request;  (ii) the patent application in respect of which the request 
for laying open is made. 
 
65.  Effects of laying open of applications 
 
 (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 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 the preceding 
subsection may not be exercised until after the establishment of the 
patent right is registered.  
 (3) The exercise of the right to claim the compensation under 
Subsection (1) shall not preclude the exercise of the patent right.  
 (4) Where a patent application has been abandoned, withdrawn 
or dismissed after the laying open of the patent application, or where the examiner’s decision or a trial decision that the patent 
application is to be refused has become final 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 IP/N/1/JPN/P/3 
Page 36  
 
 deemed to have existed from the beginning under Section 112bis(2)), 
or where the ruling to revoke the patent under Section 114(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 arisen. 
 
 (5) Sections 101 and 104 to 105bis of this Law and Sections 
719 and 724(tort) of the Civil Code (Law No. 89 of 1896) shall apply 
mutatis mutandis to the exercise of the right to claim 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 
 
66.  Registration of establishment of patent right 
 
 (1) A patent right shall come into force upon registration of its establishment. 
 
 (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.   IP/N/1/JPN/P/3 
 Page 37 
 
 
  (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 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 at the Patent Office.  However, this provision shall not apply to documents or articles liable to injure the 
reputation or peaceful existence of an individual or documents and 
articles liable to contravene public order or morality, which the 
Commissioner of the Patent Office considers it necessary to keep 
secret. 
  (6) Where the Commissioner of the Patent Office is to lay open 
for public inspection documents or articles other than those liable 
to injure the reputation or peaceful existence of an individual or documents or articles liable to contravene public order or morality, which the Commissioner of the Patent Office considers it necessary 
to keep secret, the Commissioner shall notify a person who has 
submitted the documents or articles to that effect with a reason therefor. 
 
67.  Term of patent right 
 
 (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 in 
laws intended to ensure safety, etc. in the working of the patented invention, and which is provided for in Cabinet Order as being such 
that, in view of the object of the relevant disposition, 
proceedings, etc., a considerable period of time is required for the proper action for the disposition, there was a period in which it was not possible to work the patented invention. 
 
67bis.  Registration of extension of term of patent right 
 
 (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;  (ii) the Patent Number; 
 (iii) the term of the extension applied for (limited to a 
period not exceeding five years)  (iv) particulars of the disposition as provided for in Cabinet 
Order referred to in Section 67(2). 
 IP/N/1/JPN/P/3 
Page 38  
 
  (2) The application under the preceding subsection shall be 
accompanied by materials which give reasons for the extension, as provided for in an ordinance of the Ministry of Economy, Trade and 
Industry. 
  (3) The application for registration of an 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 the 
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 examiner’s 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. 
  (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) and the number and the filing date of the application shall be published in the Patent 
Gazette. 
 
67bis-bis. 
 
 (1) When it is anticipated impossible to obtain the disposition as provided for in Cabinet order referred to in Section 
67(2) by the day before six months prior to the date of expiration 
of the term of a patent right as provided for in Section 67(1), a person desiring to apply for registration of an extension of the term of a patent right shall submit by that day to the Commissioner 
of the Patent Office a document stating the following matters: 
 (i) the name and the domicile or residence of the person desiring the application; 
 (ii) the patent number; 
 (iii) the disposition as provided for in Cabinet Order referred to in Section 67(2). 
 
 (2) Where the document required to be submitted under the provision of the preceding subsection is not submitted, application 
for the registration of an extension of the term of a patent right 
may not be made for after six months prior to the date of expiration 
of the term of a patent right as provided for in Section 67(1). 
  IP/N/1/JPN/P/3 
 Page 39 
 
 
  (3) When the document referred to in Subsection (1) is 
submitted, the matters 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 term for which an extension is applied exceeds the period of time during which the patented invention could not be worked; 
 (iv) where the person applying for an extension is not the 
patentee concerned;  (v) 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 examiner’s decision or the trial decision is rendered to the effect that the registration of an extension of the 
term of the patent right is to be made, 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; 
 (iii) the number and the filing date of the application for registration of the extension of the patent right; 
 (iv) the date of the registration of the extension; 
 (v) the term of the extension;  (vi) particulars of the disposition as provided for in Cabinet 
Order referred to in Section 67(2). 
 
67quater. 
 
 Sections 47(1), 48, 50 and 52 shall apply mutatis mutandis to the examination of an application for registration of an extension 
of the term of a patent right. 
 
 IP/N/1/JPN/P/3 
Page 40  
 
 68.  Effects of patent right 
 
 A patentee shall have an exclusive right to commercially work 
the patented invention.  However, where the patent right is the 
subject of an exclusive license, this provision shall not apply to the extent that the exclusive licensee exclusively possesses the 
right to work the patented invention. 
 
68bis.  Effects of the term extended patent right 
 
 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. 
 
69.  Limits of patent right 
 
 (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 
machines, instruments, equipment or other accessories used therein;  (ii) products existing in Japan prior to the filing of the 
patent application. 
  (3) The effects of the patent right for inventions of 
medicines (namely, products used for the diagnosis, cure, medical 
treatment or prevention of human diseases — hereinafter referred to as “medicines” in this subsection) to be 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. 
 
70.  Technical scope of patented inventions 
 
 (1) The technical scope of a patented invention shall be determined on the basis of the statements of the patent claim(s) in 
the specification attached to the request. 
  (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.  IP/N/1/JPN/P/3 
 Page 41 
 
 
  (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 respect 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) Sections 131(1) and the principal sentence of (2), 132(1) and (2), 133, 133bis, 134(1), (3) and (4), 135, 136(1) and (2), 
137(2), 138, 139 (excluding (vi)), 140 to 144, 144bis(1) and (3) to 
(5), 145(2) to (5), 146, 147(1) and (2), 150(1) to (5), 151 to 154, 155(1), 157 and 169(3), (4) and (6) shall apply mutatis mutandis to the interpretation under Subsection (1).  In such a case, “a trial 
decision” in Section 135 shall read “a ruling”, “trials other than 
the trial under the preceding subsection” in Section 145(2) shall 
read “trial examination of interpretation”, “where public order or 
morality is liable to be injured thereby” in the proviso to Section 
145(5) shall read “where the trial examiner-in-chief considers it necessary”, “Section 147” in Section 151 shall read “Section 147(1) 
and (2)”, “before a trial decisions becomes final and conclusive” in 
Section 155(1) shall read “before the written interpretation is transmitted” respectively. 
 
 (4) No appeal shall lie from the ruling under Section 135 as applied under the preceding subsection. 
 
71bis. 
 
 (1) Where the Commissioner of the Patent Office is 
commissioned by a court to give an expert opinion with respect to the technical scope of a patented invention, he shall appoint three trial examiners to give the opinion. 
 
 (2) Sections 136(1) and (2), 137(2) and 138 shall apply mutatis mutandis to the commission therefor under the preceding 
subsection. 
 
72.  Relationship with another’s patented invention, etc. 
 
 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 or trademark 
right under an application for registration of a design filed prior 
to the filing date of the patent application concerned, the IP/N/1/JPN/P/3 
Page 42  
 
 patentee, exclusive licensee or non-exclusive licensee shall not 
commercially work the patented invention.  
73.  Joint patent rights 
 
 (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.  [Deleted] 
 
75.  [Deleted] 
 
76.  Extinguishment of patent right in absence of heir 
 
 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. 
 
77.  Exclusive licenses 
 
 (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.  
78.  Non-exclusive licenses 
 
 (1) A patentee may grant a non-exclusive license on his patent 
right. 
  IP/N/1/JPN/P/3 
 Page 43 
 
 
  (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. 
 
79.  Non-exclusive license by virtue of prior use 
 
 Where, without knowledge of the contents of an invention 
claimed in a patent application, a person has made the invention by himself or, without knowledge of the invention in the patent 
application, has learnt the invention from another person who has 
made the invention, and has been commercially working the invention or has been making preparations therefor in Japan at the time of 
filing of the patent application, such person shall have a non-
exclusive license on the patent right limited to the extent of the patent which is being worked or for which preparations for working 
are being made and to the purpose of such working or the 
preparations therefor.  
80.  Non-exclusive license due to working prior to registration of 
demand for invalidation trial 
 
 (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.  
 (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. 
 
81.  Non-exclusive license after expiration of design right 
 
 Where a design right under an application for a design 
registration filed prior to or on the filing date of a patent application conflicts 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 IP/N/1/JPN/P/3 
Page 44  
 
 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 conflicts 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. 
 
83.  Arbitration decision on grant of non-exclusive license in case 
of non-working 
 
 (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. 
 
 (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.  
84.  Submission of written reply 
 
 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. 
 
85.  Hearing of Industrial Property Council, etc. 
 
 (1) Before rendering an arbitration decision under Section 
83(2), the Commissioner of the Patent Office shall hear the views of 
the Council and the like (referring to the organ prescribed in 
Section 8 of National Government Organization Law (Law No. 120 of 1948)) which is to be set up by Cabinet Order.  IP/N/1/JPN/P/3 
 Page 45 
 
 
  
 (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.  
86.  Formal requirements of arbitration 
 
 (1) The arbitration decision under Section 83(2) shall be in 
writing and shall state the reasons therefor. 
  (2) An arbitration decision ordering a non-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. 
 
87.  Transmittal of copy of arbitration decision 
 
 (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. 
  (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. 
 
88.  Deposit of consideration 
 
 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. 
 
89.  Lapse of arbitration decision 
 
 Where a person who desires a non-exclusive license fails to 
pay or deposit the remuneration (or the first installment thereof 
where payment is to be made periodically or by installments) within 
the time prescribed in the arbitration decision under Section 83(2), 
the arbitration decision ordering the non-exclusive license to be granted shall lose its effect. 
 
 
 IP/N/1/JPN/P/3 
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 90.  Cancellation of arbitration decision 
 
 (1) After rendering an arbitration decision ordering a non-
exclusive license to be granted under Section 83(2), 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 obtained 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(1) and 87(1) shall apply mutatis mutandis to the cancellation of the arbitration decision under the 
preceding subsection and Section 85(2) shall apply mutatis mutandis 
to the cancellation of the arbitration decision under the preceding subsection when the person who has obtained a non-exclusive license under the arbitration decision fails to work the patented invention 
sufficiently. 
 
91. 
 
 When an arbitration decision has been cancelled under Section 90(1), the non-exclusive license shall be extinguished. 
 
91bis.  Restriction on objections to arbitration decision 
 
 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). 
 
92.  Arbitration decision on grant of non-exclusive license on one’s 
own patented invention 
 
 (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.   IP/N/1/JPN/P/3 
 Page 47 
 
 
  (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 person referred to in Section 72 may request the Commissioner of the Patent Office for an arbitration 
decision only within the time limit which the Commissioner of the 
Patent Office 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 injure 
the interests of the other person referred to in Section 72 or the patentee or exclusive licensee, the Commissioner of the Patent Office shall not render an arbitration decision ordering a non-
exclusive license to be granted. 
  (6) In the case of Subsection (4) in addition to the case 
provided for in the preceding subsection, the Commissioner of the 
Patent Office shall not render an arbitration decision ordering a non-exclusive license to be granted if an arbitration 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 91bis shall apply mutatis mutandis to the arbitration under Subsection (3) or (4). 
 
93.  Arbitration decision on grant of non-exclusive license in 
public interest 
 
 (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 of Economy,, Trade and Industry for an arbitration decision. 
 
 (3) Sections 84, 85(1) and 86 to 91bis shall apply mutatis mutandis to the arbitration under the preceding subsection. 
 
94.  Transfer, etc. of non-exclusive license 
 
 (1) A non-exclusive license, with the exception of one which 
results from 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 IP/N/1/JPN/P/3 
Page 48  
 
 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 right 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. 
 
95.  Pledges 
 
 Where a patent right or an exclusive or non-exclusive license 
is the subject of a pledge, the pledgee may not work the patented 
invention unless otherwise prescribed 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. 
 
  IP/N/1/JPN/P/3 
 Page 49 
 
 
 97.  Surrender of patent right, etc . 
 
 (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. 
 
98.  Effects of registration 
 
 (1) The following shall be of no effect unless they are registered: 
 (i) transfers (except those by inheritance or other general 
succession), extinguishment by surrender or restrictions on disposal of a patent right; 
 (ii) the grant, transfer (except those by inheritance or other 
general succession), modification or extinguishment (except those resulting from a merger or the extinguishment of the patent right) 
of an exclusive license, or a restriction on the disposal thereof; 
 (iii) the grant, transfer (except those by inheritance or other general succession), modification or extinguishment (except those resulting from a merger or the extinguishment of a secured 
credit) of a pledge on a patent right or exclusive license, or a 
restriction on the disposal thereof.  
 (2) Inheritance or other general succession under any of the 
preceding paragraphs shall be notified to the Commissioner of the 
Patent Office without delay. 
 
99. 
 
 (1) Once a non-exclusive license has been registered, it 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 disposal of a pledge relating to a non-exclusive license shall not be effective against 
any third party unless it is registered. 
 
 IP/N/1/JPN/P/3 
Page 50  
 
 2.  Infringement 
 
100.  Injunction 
 
 (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 articles by 
which an act of infringement was committed (including articles manufactured by an act of infringement in the case of a patented 
invention of a process of manufacture; the same in Section 102(1)), 
the removal of the facilities used for the act of infringement, or other measures necessary to prevent the infringement. 
 
101.  Acts deemed to be infringement 
 
 The following acts shall be deemed to be an infringement of a 
patent right or exclusive license: 
 (i) in the case of a patent for an invention of product, acts of manufacturing, assigning, leasing, importing or offering for 
assignment or lease of, in the course of trade, articles to be used 
exclusively for the manufacture of the product;  (ii) 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, articles to be used exclusively for the working of such invention. 
 
102.  Presumption, etc. of amount of damage 
 
 (1) Where a patentee or exclusive licensee claims, from a 
person who has intentionally or negligently infringed the patent right or exclusive license, compensation for damage caused to him by 
the infringement, and the person’s act is the assignment of articles 
by which the act of the infringement was committed, the sum of money with the profit per unit of such articles multiplied by the number of articles (hereinafter referred to in this paragraph as the 
“number of assigned articles”) which the patentee or exclusive 
licensee could have sold in the absence of the infringement may be estimated as the amount of damage suffered by the patentee or 
exclusive licensee within a limit not exceeding an amount attainable 
depending on working capability of the patentee or exclusive licensee.  Where there is any circumstance that prevents the 
patentee or exclusive licensee from selling part or the whole of the 
number of assigned articles, a sum equivalent to the number of assigned articles subject to that circumstance shall be deducted. 
 
 (2) Where a patentee or exclusive licensee claims, from a person who has intentionally or negligently infringed the patent 
right or exclusive license, compensation for damage caused to him by 
the infringement, the profits gained by the infringer through the  IP/N/1/JPN/P/3 
 Page 51 
 
 
 infringement shall be presumed to be the amount of damage suffered 
by the patentee or exclusive licensee.  
 (3) 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 be entitled to 
receive for the working of the patented invention, as the amount of 
damage suffered by him.  
 (4) The preceding subsection shall not preclude a claim to 
damages exceeding the amount referred to therein.  In such a case, where there has been neither willfulness nor gross negligence on the 
part of the person who has infringed the patent right or the 
exclusive license, the court may take this into consideration when awarding damages. 
 
103.  Presumption of negligence 
 
 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.  
104.  Presumption of manufacture by patented process 
 
 In the case of a patent for an invention of a process of 
manufacturing a product, where such product was not publicly known 
in Japan prior to the filing of the patent application concerned, any identical product shall be presumed to have been manufactured by 
that process. 
 
104bis  Obligation to clarify relevant act in concrete manner 
 
 In a litigation directed to the infringement of a patent right or exclusive license, where denying the material allegation made by 
a patentee or an exclusive licensee to the effect that an act of 
infringement is committed with reference to an article or process, the other party shall clarify his relevant act in concrete manner.  However, this provision shall not apply when the other party has an 
adequate reason for preventing him from disclosing the same. 
 
105.  Production of documents, etc. 
 
 (1) In a litigation relating to the infringement of a patent right or exclusive license, the court may, upon the request of a 
party, order the other party to produce documents necessary for the 
proof of alleged infringement or the assessment of the damages caused by the infringement.  However, this provision shall not apply 
when the person possessing the documents has a legitimate reason for 
refusing to produce them.  
 (2) Where deemed necessary in deciding whether there is a good 
reason referred to in the proviso to the preceding subsection, the court may invite the person possessing the documents to make its IP/N/1/JPN/P/3 
Page 52  
 
 presentation.  In such a case, no person may request the disclosure 
of the document presented.  
 (3) The preceding two subsections shall apply mutatis mutandis 
to the presentation of the subject-matter for the inspection necessary for the proof of the alleged infringement in a litigation 
relating to the infringement of a patent right or exclusive license. 
 
105bis.  Expert opinion for proof of damage 
 
 In a litigation relating to the infringement of a patent right or exclusive license, where the court orders, upon the request from 
a party, the expert opinion to be given with respect to the matters 
necessary for the proof of the damages caused by the infringement, the other party shall explain to the expert the matters necessary 
for the expert opinion to be given. 
 
105ter.  Award of reasonable of damages 
 
 Where it is recognized that the damage was caused in a 
litigation relating to the infringement of a patent right or exclusive license, the court may award the reasonable amount of 
damages, based on the entire purport of the oral argument and the 
result of the taking of evidence when it is extremely difficult to prove facts necessary for the proof of damages from the nature of 
such relevant facts. 
 
106.  Measures for recovery of reputation 
 
 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 or exclusive 
licensee by infringing the patent right or exclusive license, whether intentionally or negligently, to take the measures necessary 
for the recovery of the business reputation. 
 
3.  Annual Fees 
 
107.  Annual fees 
 
 (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 expiration of the term (where the term is extended by virtue of Section 67(2), the added 
extension term) under Section 67(1): 
 
Division of year Amounts 
First to third 
year Annually, ¥13,000 plus ¥1,100 per 
claim 
Fourth to sixth Annually, ¥20,300 plus ¥1,600 per  IP/N/1/JPN/P/3 
 Page 53 
 
 
 year claim 
Seventh to ninth 
year Annually, ¥40,600 plus ¥3,200 per 
claim 
Tenth to twenty-fifth year Annually, ¥81,200 plus ¥6,400 per 
claim 
  (2) The preceding subsection shall not apply to patent rights 
belonging to the State or independent administrative institutions 
(referring to the independent administrative institutions prescribed in Section 2(1) of the Law concerning the General Provisions of 
Independent Administrative Institutions (Law No. 103 of 1999), 
hereinafter the same) which are those to be set up by Cabinet Order by taking into consideration the substance of their business and 
other circumstances. 
  (3) The provision of Subsection (1) shall not apply to patent right owned jointly by the State and the independent administrative 
institutions prescribed by Cabinet Order in the preceding subsection 
or owned jointly by the  independent administrative institutions 
prescribed by Cabinet Order in the same subsection. 
 
 (4) Where the State and the like (referring to the State or the independent administrative institutions prescribed by Cabinet 
Order in Subsection (2), the same in Section 195(4) and (6)) and the 
person other than the State and the like (referring to the person other than the State and the independent administrative institutions 
prescribed by Cabinet Order in Subsection (2), hereinafter the same 
in this subsection and the same section (6)) jointly own a patent and there is an agreement with respect to their shares of the right, 
the annual fees under Subsection (1) shall be a sum with the 
prescribed annual fees under Subsection (1) multiplied by the ratios of the shares of the persons other than the State and the like, and 
the persons other than the State and the like shall pay such sum, 
notwithstanding the provisions of Subsection (1).  
 (5) Where the amount of the annual fees calculated in 
accordance with the provision of the preceding subsection has a fractional figure less than 10 yen, that fractional figure shall be discarded. 
 
 (6) 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 Economy, Trade and Industry.  However, wherever so 
prescribed by an ordinance of the Ministry of Economy, Trade and Industry, such payment may be made in cash. 
 
108.  Time limit for payment of annual fees 
 
 (1) The annual fee for each year from the first to third year 
under Section 107(1) shall be paid in a lump sum within 30 days from 
the date of transmittal of the examiner’s decision or the trial 
decision that the patent is to be granted. 
 IP/N/1/JPN/P/3 
Page 54  
 
  (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 examiner’s decision or trial decision that the 
registration of an extension 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 
extension, the annual fee shall be paid in lump sum, for each year 
from the year following that year to the year in which the date of transmittal falls (where there are less than thirty days from the 
date of transmittal to the last day of the year in which the day of 
transmittal falls, to the year following 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. 
 
109.  Reduction or deferment of payment of annual fees or exemption 
therefrom 
 
 Where the Commissioner of the Patent Office recognizes that a person who is mentioned below and falls under the requirement 
prescribed by Cabinet Order for a person to be short of funds cannot 
afford to pay the annual fees, he may reduce the annual fees for each year from the first to the third year under Section 107(1), 
exempt him therefrom or grant him deferment of payment thereof as 
prescribed by Cabinet Order:  (i) the inventor of the patented invention or the inventor’s 
heir; 
 (ii) the employer etc., who has succeeded to the right to obtain a patent from the employee, etc., where the patent invention 
is an employee’s invention made by the employee, etc., as referred 
to in Section 35(1) and where it is provided in advance in a contractual provision, service regulation or other stipulation that the right to obtain a patent shall pass to the employer, etc.. 
 
110.  Payment of annual fees by an interested person 
 
 (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. 
 
111.  Refund of annual fees 
 
 (1) Annual fees shall be refunded, upon the request of the person who paid them, only in the following cases:  IP/N/1/JPN/P/3 
 Page 55 
 
 
  (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. 
 
112. Late payment of annual fees 
 
 (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. 
 
 (3) The payment of the surcharge under the preceding subsection shall be made by patent revenue stamps as prescribed by 
an ordinance of the Ministry of Economy, Trade and Industry.  
However, wherever so prescribed by an ordinance of the Ministry of Economy, Trade and Industry, such payment may be made in cash.  
 (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. IP/N/1/JPN/P/3 
Page 56  
 
  
 (6) Where a patentee fails to pay an annual fee whose payment has 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. 
 
112bis.  Restoration of patent right by late payment of annual fees 
 
 (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 the said time limit. 
 
 (2) Where the annual fee and surcharge have been paid in accordance with the preceding subsection, the patent right shall be 
deemed to have been maintained retroactively from the time of the 
expiration of the time limit prescribed in the principal sentence of Section 108(2) or the lapse of the year in which the day of the 
expiration of the term of the patent right falls or existed from the 
beginning.  
112ter.  Restriction on effects of patent right restored 
 
 (1) Where a patent right has been restored under the preceding 
Section (2), if the patent has been 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 the 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 manufacturing, assigning, leasing, importing or offering for 
assignment or lease of, articles 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, articles to be used exclusively for the 
working of the invention. 
 
  IP/N/1/JPN/P/3 
 Page 57 
 
 
 Chapter V  Opposition to the Patent 
 
113.  Opposition to the patent 
 
 Only 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 under-mentioned 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 Paragraph (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.  
114.  Ruling 
 
 (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. 
  (5) No appeal shall lie from a ruling under Subsection (4). 
 
115.  Formal requirements of a written opposition, etc. 
 
 (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; IP/N/1/JPN/P/3 
Page 58  
 
  (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 shall not change the gist thereof.  However, 
this provision shall not apply to an amendment made to the matter prescribed in Paragraph (iii) of the preceding subsection before the 
expiration of the time limit prescribed in Section 113. 
  (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. 
 
116.  Designation of trial examiners, etc. 
 
 Sections 136(2) and 137 to 144 shall apply mutatis mutandis to 
the collegial body and trial examiners constituting thereof under 
Section 114(1). 
 
116bis.  Trial clerk 
 
 (1) For each opposition to the patent, the Commissioner of the 
Patent Office shall designate a trial clerk.  
 (2) Section 144bis(3) to (5) shall apply mutatis mutandis to 
the trial clerk under the preceding subsection.  
117.  Conduct of trial examination, etc. 
 
 (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 the patentee, opponent or intervenor or ex officio.  
 (2) Sections 145(3) to (5), 146 and 147 shall apply mutatis 
mutandis to the oral examination in accordance with the proviso to the preceding subsection. 
 
 (3) Where there is a ground for interruption or suspension of the trial proceedings of an opposition and ruling thereon on the 
part of one of the joint owners of a patent right, the interruption 
or suspension shall have effect on all of them.  
118.  Intervention 
 
 (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 on the opposition.  IP/N/1/JPN/P/3 
 Page 59 
 
 
  
 (2) Sections 148(4) and (5) and 149 shall apply mutatis mutandis to the intervenor under the preceding subsection. 
 
119.  Taking of evidence and preservation thereof 
 
 Sections 150 and 151 shall apply mutatis mutandis to the 
examination and preservation of evidence in a trial examination of opposition. 
 
120.  Trial examination ex officio 
 
 (1) In a trial examination of an opposition, even the grounds 
that have not been pleaded by a patentee, an opponent or an 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.  
120bis.  Combination or separation of trial examination 
 
 (1) The trial examinations of two or more oppositions 
concerning the same patent right shall be combined, unless the 
special circumstances exist.  
 (2) Trial examinations that have been combined under the 
preceding subsection may later be conducted separately.  
120ter.  Withdrawal of oppositions 
 
 (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. 
 
120quater.  Submission of arguments, etc. 
 
 (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.  IP/N/1/JPN/P/3 
Page 60  
 
  (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.  In such a case, “In the case of Paragraphs (i) and (ii) 
of the proviso to Subsection (1)” in Section 126(4) shall read “In 
an opposition to the patent, in the case of Paragraphs (i) or (ii) of the proviso to Section 120quater(2) which relates to the 
correction with respect to the claim for which an opposition is not 
filed”.  
120quinquies.  Formal requirements of ruling 
 
 (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 conclusion of the ruling and the reasons therefor; 
 (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. 
 
120sexies.  Application mutatis mutandis of provisions on trial 
 
 (1) Sections 133, 133bis, 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 mutatis mutandis to the ruling under Section 135 as applied under the preceding subsection. 
 
Chapter VI  Trial 
 
121.  Trial against examiner’s decision of refusal 
 
 (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 examiner’s 
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. 
  IP/N/1/JPN/P/3 
 Page 61 
 
 
 122.  [Deleted] 
 
123.  Trial for invalidation of patent 
 
 (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 referred 
to are:  (i) where the patent has been granted on a patent application 
(excluding a 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 120quater(3) or Section 
134(5)), the proviso to Section 120quater(2) 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 patent right IP/N/1/JPN/P/3 
Page 62  
 
 shall be deemed not to have existed from the time when the patent 
first fell under that paragraph.  
125bis.  Trial for invalidation of registration of extension of term 
 
 (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.  
126.  Trial for correction 
 
 (1) The patentee, except in the case where an opposition or a 
trial 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.   IP/N/1/JPN/P/3 
 Page 63 
 
 
  (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, 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 Paragraphs (i) and (ii) of the proviso to 
Subsection (1), an invention constituted by the features described in the corrected claim must be one which could have been patented 
independently at the time of filing of the patent application. 
  (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 examiner’s decision or the trial decision that the 
patent is to be granted, or the registration of establishment of the patent right shall be deemed to have been made on the basis of the corrected specification or drawings. 
 
129.  [Deleted] 
 
130.  [Deleted] 
 
131.  Formal requirements of demands for trial 
 
 (1) A person demanding a trial shall submit a written demand to the Commissioner of the Patent Office stating the following: 
 (i) the name and the domicile or residence of the demandant 
and his representative;  (ii) an identification of the trial case; 
 (iii) the relief sought in the demand and the grounds 
therefor.  IP/N/1/JPN/P/3 
Page 64  
 
  (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 except in 
the case where a demand is made for trials other than the trial under Section 123(1). 
 
 (3) When a trial is demanded under Section 126(1), the corrected specification or drawings shall be attached to the written 
demand. 
 
132.  Joint trial 
 
 (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 the joint owners of a patent right or a right to obtain a patent demand a trial concerning the right under joint 
ownership, the demand 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 part of one of the demandants under 
Subsection (1) or the preceding subsection or one of the defendants under Subsection (2), the interruption or suspension shall have 
effect on all of them. 
 
133.  Dismissal by ruling in the case of non-compliance with formal 
requirements 
 
 (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.   (2) Subject to the preceding subsection, the trial examiner-
in-chief may invite an amendment to a procedure relating to a trial, 
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) or (2) 
have not been paid with respect to a procedure.  
 (3) The trial examiner-in-chief shall dismiss the procedure by 
a ruling where a person whom he has invited to make an amendment to a procedure relating to a trial fails to make the amendment within 
the time limit designated under the preceding subsections. 
  IP/N/1/JPN/P/3 
 Page 65 
 
 
  (4) A ruling under the preceding subsection shall be in 
writing and shall state the reasons therefor.  
133bis.  Dismissal of irregular procedure 
 
 (1) The trial examiner-in-chief may dismiss a irregular 
procedure relating to a trial (excluding a demand for a trial) by a 
ruling which cannot be amended.  
 (2) When the trial examiner-in-chief intends to dismiss the 
procedure in accordance with the preceding subsection, he shall notify the person who is proceeding of the reasons for dismissal and 
give him an opportunity to submit a statement of explanation, 
designating an adequate time limit.  
 (3) A ruling under Subsection (1) shall be in writing and 
state the reasons therefor.  
134.  Submission of written reply, etc. 
 
 (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 to the demandant a copy of the written reply 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) Sections 126(2) to (5), 127, 128, 131, 132(3) and (4) and 
165 shall apply mutatis mutandis to the case of Subsection (2).  In 
such a case, “In the case of Paragraphs (i) and (ii) of the proviso to Subsection (1)” in Section 126(4) shall read “In a trial under 
Section 123(1), in the case of Paragraph (i) or (ii) of the proviso 
to the Section 134(2) which relates to the correction with respect to the claim for which an trial under the said Subsection (1) is not 
demanded”. 
 
 IP/N/1/JPN/P/3 
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 135.  Dismissal of irregular demand by trial decision 
 
 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.  
136.  Collegial system in trial 
 
 (1) A trial shall be conducted by a collegial body of three or 
five trial examiners. 
  (2) The collegial body referred to in Subsection (1) shall 
take its decisions by a majority vote. 
  (3) The qualification of trial examiners shall be prescribed 
by Cabinet Order. 
 
137.  Designation of trial examiners 
 
 (1) For each trial (but in the case of a trial where the 
examiner examines a demand in accordance with Section 162, only when a report under Section 164(3) has been made), the Commissioner of 
the Patent Office shall designate the trial 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. 
 
138.  Trial examiner-in-chief 
 
 (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 over matters relating to the trial. 
 
139.  Exclusion of trial examiners 
 
 In any of 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 or an 
opponent in the case;  (iii) where the trial examiner is a guardian, a supervisor of 
the guardian, a curator, a supervisor of the curator, an assistant 
or a supervisor of the assistant of a party, an intervenor or an opponent in the case;  IP/N/1/JPN/P/3 
 Page 67 
 
 
  (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. 
 
141.  Challenge of trial examiner 
 
 (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. 
 
142.  Formal requirements of motion of exclusion or challenge 
 
 (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. 
  (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).  
143.  Ruling on motion of exclusion or challenge 
 
 (1) When a motion of exclusion 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 state the reasons therefor. 
 
 (3) No appeal shall lie from the ruling under Subsection (1).  
 
  IP/N/1/JPN/P/3 
Page 68  
 
 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. 
 
144bis.  Trial clerk 
 
 (1) For each trial (but in the case of a trial where the 
examiner examines a demand in accordance with Section 162, only when a report under Section 164(3) has been made), the Commissioner of 
the Patent Office shall designate the trial clerk. 
  (2) The qualification of trial clerk shall be prescribed by 
Cabinet Order. 
  (3) When the trial clerk designated in accordance with Subsection (1) is unable to participate in the trial, the 
Commissioner of the Patent Office shall relieve him of such 
designation and designate another trial clerk to take his place.  
 (4) The trial clerk will do the office for preparing records 
and their transmittal as well as the other office under the direction of the trial examiner-in-chief with respect to the trial. 
 
 (5) Sections 139 (excluding Paragraph (vi)) and 140 to 144 shall apply mutatis mutandis to the trial clerk.  In such a case, 
the trial clerk who is concerned in the motion of exclusion or 
challenge, may not participate in the trial with respect to the exclusion or challenge. 
 
145.  Conduct of trial examination 
 
 (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 summon the intervenor.  However, this provision shall 
not apply where a party or intervenor appearing in the case concerned has been notified of the date and place. 
  IP/N/1/JPN/P/3 
 Page 69 
 
 
  (4) The provision of Section 94 of the Code of Civil Procedure 
(summon on a fixed date) shall apply mutatis mutandis to a summon on a fixed date as prescribed in the preceding paragraph. 
 
 (5) The oral examination under Subsection (1) or 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 154 (attendance of an interpreter, etc.) of the Code 
of Civil Procedure shall apply mutatis mutandis to the trial. 
 
147.  Records 
 
 (1) With respect to a trial by oral examination under Section 145(1) or the proviso to Section 145(2), the trial clerk shall prepare the record setting forth the gist of the trial examination 
and other necessary matters whenever a trial take place. 
  (2) Where the trial clerk is ordered by the trial examiner-in-
chief with respect to the preparation of the record or the change in 
the record, if he recognizes that the preparation or the change is not legitimate, he may add his opinion. 
 
 (3) Section 160(2) and (3) (record of oral argument) of the Code of Civil Procedure shall apply mutatis mutandis to the record 
under Subsection (1). 
 
148.  Intervention 
 
 (1) Any person who may demand a trial under Section 132(1) may 
intervene in the trial as a demandant until the conclusion of the 
trial. 
  (2) An intervenor under the preceding subsection may continue the trial proceedings even after the demand for the trial has been 
withdrawn by the original party. 
  (3) Any person who has an interest in the result of the trial 
may intervene in the trial, in order to assist one of the parties, 
until the conclusion of the trial.  
 (4) An intervenor under the preceding subsection may initiate 
and take part in any procedure relating to the trial.  
 (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. 
 
 IP/N/1/JPN/P/3 
Page 70  
 
 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 state the reasons therefor. 
 
 (5) No appeal shall lie from the ruling under Subsection (3).  
150.  Taking of evidence and preservation thereof 
 
 (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 C ommissioner of the Patent Office 
shall designate the trial examiner and the trial clerk in charge of 
preserving the evidence.   (5) Where evidence has been taken or preserved ex officio 
under Subsection (1) or (2), the trial examiner-in-chief shall 
notify the parties and the intervenors of the result thereof and shall give them an opportunity to state their opinion, designating 
an adequate time limit. 
  (6) The taking or preservation of evidence under Subsection 
(1) or (2) may be entrusted to a local court or a court with summary 
jurisdiction in the place where the case is to be handled.  
151. 
 
 Section 147 of this Law and Section 93(1) (designation of a 
date), Section 94 (summon on a fixed date), Sections 179 to 181, 
Sections 183 to 186, Section 188, Section 190, Section 191, Sections 195 to 198, Section 199(1), Sections 201 to 204, Section 206,  IP/N/1/JPN/P/3 
 Page 71 
 
 
 Section 207, Sections 210 to 213, Section 214(1) to (3), Section 215 
to 222, Section 223(1) to (3), Sections 226 to 228, Section 229(1) to (3), Section 231, Section 232(1), Section 233, Section 234, 
Sections 236 to 238, Sections 240 to 242 (evidence) and Section 278 
(production of a written statement in place of a hearing) shall apply mutatis mutandis to the taking of evidence and preservation 
thereof as prescribed in the preceding section.  In such a case, the 
“facts that the party admitted in court and the obvious facts therein” in Section 179 shall read “obvious facts” and the “Supreme 
Court Rules” in Section 204 shall read an “ordinance of the Ministry 
of Economy, Trade and Industry.”  
152.  Trial examination ex officio 
 
 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. 
 
154.  Combination or separation of trials 
 
 (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. 
 
155.  Withdrawal of demand for trial 
 
 (1) A demand for a trial may be withdrawn before a trial 
decision becomes final and conclusive. 
 
 (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. 
 IP/N/1/JPN/P/3 
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  (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. 
 
156.  Notification of conclusion of trial examination 
 
 (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. 
 
157.  Trial decision 
 
 (1) When a trial decision has been rendered, the trial shall 
be closed.  
 (2) The trial decision shall be in writing and state the 
particulars mentioned below:  (i) the number of the trial; 
 (ii) the name and the domicile or residence of the parties and 
the intervenors as well as of their representatives;  (iii) an identification of the trial case; 
 (iv) the conclusions of the trial decision and the reasons 
therefor;  (v) the date of the trial decision. 
 
 (3) Once it has been rendered, the Commissioner of the Patent Office shall transmit the trial decision to the parties, the intervenors and persons whose demand to intervene has been refused. 
 
158.  Special provisions for trials against examiner’s decision of 
refusal 
 
 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 (in the case of Section 
17bis(1)(ii), excluding the amendment made prior to the demand for the trial under Section 121(1)).”  IP/N/1/JPN/P/3 
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 (2) Section 50 shall apply mutatis mutandis where a reason for refusal which was not contained in the examiner’s decision is found 
in the 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) Sections 51 and 67ter(2) 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.   (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 examiner’s 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 IP/N/1/JPN/P/3 
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 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 decision that a patent is to be granted in the examination under Section 162, he shall cancel his 
decision of refusal concerned in the demand for the trial. 
  (2) Except in the case provided for in the 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. 
 
165.  Special provisions for trials for correction 
 
 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 Section 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).  
167.  Effects of trial decision 
 
 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.  
168.  Relationship with litigation 
 
 (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  IP/N/1/JPN/P/3 
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 necessary, it may suspend the proceedings until a trial decision has 
become final and conclusive.  
 (3) Where an action with respect to infringement of a patent 
right or an exclusive license has been instituted, the court shall accordingly notify the Commissioner of the Patent Office.  The same 
shall apply where the litigation proceedings have been concluded. 
  (4) Where the Commissioner of the Patent Office receives the 
notification under the preceding subsection, he shall notify the 
court of a demand or nondemand for the trial with respect to the patent right.  The same shall apply where the written demand for a 
trial is ruled to be dismissed, the trial decision is rendered or 
the demand for the trial is withdrawn.  
169.  Costs of trial 
 
 (1) The bearing of the costs in connection with a trial under Section 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 by a trial decision. 
 
 (2) Sections 61 to 66, 69(1) and (2), 70 and 71(2) (bearing of litigation costs) of the Code of Civil Procedure shall apply mutatis 
mutandis to the costs in connection with the trial under the 
preceding subsection.  In such a case, the “Supreme Court Rules” in Section 71 of the same Code shall read an “ordinance of the Ministry 
of Economy, Trade and Industry.” 
  (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) Section 65 (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 payment necessary for procedural acts for the trial to 
be effected shall be governed by the provisions in the Law on Civil 
Procedure Costs, etc. (Law No. 40 of 1971) which relate to these matters, unless they are incompatible with their nature (with the 
exception of the proportions laid down in Chapter II, Parts 1 and 3 
of that Law).  
 
  IP/N/1/JPN/P/3 
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 170.  Executory force of ruling on amount of costs 
 
 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 
 
171.  Demand for retrial 
 
 (1) Against a final and conclusive ruling to revoke a patent 
or trial decision, the party concerned or an intervenor may demand a retrial. 
 
 (2) Sections 338(1) and (2) and 339 (grounds for retrial) of the Code of Civil Procedure shall apply mutatis mutandis to the 
demand for a retrial under the preceding subsection. 
 
172. 
 
 (1) Where the demandant and the defendant in a trial have in collusion caused a trial decision to be rendered, with the purpose 
of injuring the rights or interests of a third person, such person 
may demand a retrial against the final and conclusive trial decision. 
 
 (2) In such a retrial, the demandant and the defendant shall be made joint defendants. 
 
173.  Time limit for demand for retrial 
 
 (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 ceased to be applicable but 
not later than six months following the expiration of the said time 
limit.  
 (3) Where a retrial is demanded on the ground that the 
demandant was not represented in accordance with the legal provisions applicable, the time limit provided for in Subsection (1) 
shall be counted from the day following the date on which 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. 
  IP/N/1/JPN/P/3 
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  (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 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. 
 
174.  Application mutatis mutandis of provisions on trial, etc. 
 
 (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, 133bis, 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 131, 132(1), (2) and (4), 133, 133bis, 134(1), 
(3) and (4), 135 to 152, 154 to 157, 167, 168, 169(1), (2), (5) and (6), and 170 shall apply mutatis mutandis to a retrial against a 
final and conclusive trial decision in a trial under Section 123(1) 
or 125bis(1).  
 (4) Sections 131, 132(3) and (4), 133, 133bis, 134(4), 135 to 
147, 150 to 152, 155(1), 156, 157, 165, 168, 169(3) to (6), and 170 shall apply mutatis mutandis to a retrial against a final and 
conclusive trial decision in a trial under Section 126(1). 
  (5) Section 348(1) (scope of examination) of the Code of Civil Procedure shall apply mutatis mutandis to retrials. 
 
175.  Restriction on effects of patent right restored by retrial 
 
 (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 registration of an extension of the term of a patent 
right which was refused by a trial decision has been registered 
through a retrial, and where the patent has been granted for the invention of a product, the effects of the patent right shall not 
extend to any product imported into, or manufactured or acquired in 
Japan, in good faith after the time when the trial decision became IP/N/1/JPN/P/3 
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 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 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, articles 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, in good faith, articles 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 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 ruling 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.  
177.  [Deleted] 
 
Chapter VIII  Litigation 
 
178.  Actions against trial decisions, etc. 
 
 (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. 
  IP/N/1/JPN/P/3 
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  (2) An action under Subsection (1) may be instituted only by a 
party, an intervenor, or a person whose application for intervention 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. 
 
179.  Defendant in the action 
 
 In an action under Section 178(1), the Commissioner of the 
Patent Office shall be the defendant.  Provided, however, that in the case of an action against a trial decision in a 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. 
 
180.  Notification of institution of action 
 
 When an action referred to in the proviso to Section 179 has been instituted, the court shall, without delay, notify the 
Commissioner of the Patent Office accordingly. 
 
181.  Annulment of the trial decision or ruling 
 
 (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.  
182.  Sending of certified copy of the judgment 
 
 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. IP/N/1/JPN/P/3 
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183.  Action on amount of remuneration 
 
 (1) Where a person who is concerned in an arbitration decision 
under Section 83(2), 92(3) or (4) or 93(2) is dissatisfied with the amount of remuneration fixed in the decision, he may institute an 
action for the increase or decrease of the remuneration. 
  (2) An action under the preceding subsection shall not be 
instituted after three months from the transmittal of the 
arbitration decision.  
184.  Defendant in the action 
 
 In 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. 
 
184bis.  Relationship between administrative appeal and litigation 
 
 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 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 Provisions concerning International Applications 
under the Patent Cooperation Treaty 
 
184ter.  Patent application based on international application 
 
 (1) An international application (a patent application only) 
for which the international filing date has been accorded in 
accordance with Article 11(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”). 
 
  IP/N/1/JPN/P/3 
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 184quater.  Translation of international patent application in 
foreign language 
 
 (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 paper”)] from the priority date 
referred to in Article 2(xi) of the Treaty (hereinafter referred to 
as “priority date”).  
 (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. 
 
184quinquies.  Submission of papers and invitation to correction 
 
 (1) The applicant of an international patent application 
shall, within the time limit for the submission of the national form IP/N/1/JPN/P/3 
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 paper, submit to the Commissioner of the Patent Office a paper 
stating the following:  (i) the name and the domicile or residence of the applicant; 
 (ii) the name and the domicile or residence of the inventor; 
 (iii) the international application number and other matters provided for in an ordinance of the Ministry of Economy, Trade and 
Industry. 
  (2) The Commissioner of the Patent Office may invite 
correction, designating an adequate time limit, in the following 
cases:  (i) when the national form paper to be 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 Economy, Trade and Industry; 
 (iv) when the translation of the abstract to be submitted 
under Section 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 dismiss the international patent application concerned.  
184sexies.  Effect, etc. of request, description, etc., of 
international application 
 
 (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 deemed 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 
drawings (excluding any text matter of the drawings) and the translation of the text matter of the drawings in a foreign language  IP/N/1/JPN/P/3 
 Page 83 
 
 
 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). 
 
184septies.  Amendment under Article 19 of the Treaty of the 
Japanese language patent application 
 
 (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 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. 
 
184octies.  Amendment under Article 34 of the Treaty 
 
 (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 IP/N/1/JPN/P/3 
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 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)(a) 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 17bis(1) in the case of Subsection 
(2), the amendment shall be deemed to have been made by virtue of 
the submission of a written correction of incorrect translation under Section 17bis(2). 
 
184novies.  National publication of translation, etc. 
 
 (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 publication”) has been effected — after making a request for examination]. 
 
 (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  IP/N/1/JPN/P/3 
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 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.  
 (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(1)(i) and (ii), and Section 193(2)(i), (ii), (vi) and (ix) shall 
be considered to have been replaced by “the international 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 translation under Section 184novies(1)” in the case of a foreign language patent application. 
 
 (6) For the purposes of a request for a certificate, etc. concerning a foreign language patent application, “or the materials 
referred to in Section 67bis(2)” in Section 186(1)(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 (excluding such documents concerning an 
international patent application for which the establishment of the patent has been registered or such documents for which the 
international publication has been effected).” 
  (7) In respect of the matters to be published in the Patent 
Gazette concerning the international patent application, “attached 
to a request 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.”  
 
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 184decies.  Effects, etc. of international publication and national 
publication 
 
 (1) The applicant of an international patent application may, 
after the international publication 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 but before the registration of the establishment of the patent right, the payment 
of compensation in a sum of money equivalent to what he would be 
entitled to receive for the working of the invention if 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, knowing that the invention was the one claimed in the international patent application 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.  
184undecies.  Special provisions concerning patent administrator for 
residents abroad 
 
 (1) Notwithstanding Section 8(1), an applicant of an 
international patent application who is a resident abroad may 
proceed before the Patent Office without being represented by a patent administrator until the relevant time for the national 
processing. 
  (2) The person under the preceding subsection shall appoint a 
patent administrator and notify the Commissioner of the Patent 
Office after the date on which the relevant time for the national processing occurs and within the time limit prescribed in an 
ordinance of the Ministry of Economy, Trade and Industry. 
  (3) Where the notification of the appointment of a patent 
administrator has not been made within the time limit under the 
preceding subsection, the international patent application shall be considered to have been withdrawn. 
 
 
  IP/N/1/JPN/P/3 
 Page 87 
 
 
 184duodecies.  Special provisions concerning amendment 
 
 (1) Notwithstanding the principal sentence of Section 17(1), 
no amendment (except the amendment under Sections 184septies(2) and 
184octies(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 “the 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 the 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). 
  (3) The applicant of an international patent application may, 
notwithstanding Section 17ter, amend the abstract attached to the 
request only within one year and three months from the priority date (with respect to the foreign language patent application being one 
of the such applications as their translations were furnished in 
accordance with the provision of Section 184quater(1), for which, within the time limit for the submission of the national form paper, IP/N/1/JPN/P/3 
Page 88  
 
 the request was made by the applicant for examination of the 
application and of which the international publication was effected, the period after the request was made for examination of the 
application, is excluded). 
 
184terdecies.  Special provisions concerning patentability 
 
 For the purposes of Section 29bis of this Law, where an international patent application referred 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 “the 
specification or drawings originally attached to the request” 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 
was” 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 (Kôkai) was effected or” in Section 29bis of this Law 
shall be considered to have been replaced by “the laying open for public inspection (Kôkai) was effected,” and the passage reading 
“was 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.”  
184quaterdecies. 
 
 Notwithstanding Section 30(4), any applicant of an 
international patent application who desires the application of 
Section 30(1) or (3) may submit to the Commissioner of the Patent Office a written statement to that effect and a document proving 
that the invention which has fallen under one of the paragraphs of 
Section 29(1) is the invention to which Section 30(1) or (3) may be applied, 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 Economy, Trade and Industry.  
 
  IP/N/1/JPN/P/3 
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 184quindecies.  Special provisions concerning priority claim based 
on patent applications, etc. 
 
 (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 the said Section 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, in the said Section, “the specification or drawings originally attached to the request of a patent application” 
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” 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 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 m onths 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”.  
 
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 184sedecies.  Special provisions concerning conversion of 
applications 
 
 Conversion into a patent application of an international 
application having 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 proceedings 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 
proceedings 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). 
 
184septies decies.  Time limit for making request for examination 
 
 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 
184quinquies(1) and have been taken and, further, 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. 
 
184duodevicies.  Special provisions for reasons for refusal, etc. 
 
 For the purpose 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(1)(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 replaced by “the 
specification or drawings of the international application as of the 
international filing date referred to in Section 184quater(1).”  
184undevicies.  Special provisions concerning correction 
 
 For the purpose of the demand for the correction under 
Sections 120quater(2) and 134(2) and the demand for a trial under 
Section 126(1) with respect to a foreign language patent application, “foreign language file application” in Section 126(2)  IP/N/1/JPN/P/3 
 Page 91 
 
 
 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).”  
184vicies.  International application recognized as patent 
application by decision 
 
 (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 Economy, 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 Economy, 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 Economy, 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 not made 
in respect of the said international application. 
  (5) For the purpose of the laying open for public inspection 
of an international application recognized as a patent application 
under the preceding subsection, “date of the application” in Section 64(1) shall be replaced by “priority date referred to in Section IP/N/1/JPN/P/3 
Page 92  
 
 184quater(1),” “foreign language file application” in Section 
64(2)(vi) shall be replaced by “international application made in the foreign language,” and “foreign language file and foreign 
language abstract” in Section 64(2)(vi) 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 filing date under Section referred to in Section 
184vicies(4).”  
 (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 for the application of those provisions shall be prescribed by Cabinet 
Order. 
 
Chapter X  Miscellaneous Provisions 
 
185.  Special provisions for patent or patent right covering two or 
more claims 
 
 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. 
 
186.  Request for certification, etc. 
 
 (1) 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, drawings or abstract 
attached to a request, or a foreign language file or foreign 
language abstract or documents concerning the examination of the patent application (except where the establishment of the patent 
right has been registered or where the patent application has been 
laid open), or the materials referred to in Section 67bis(2);  (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);  IP/N/1/JPN/P/3 
 Page 93 
 
 
  (iii) documents concerning a trial decision under Section 
123(1) or Section 125bis(1) or a retrial of the final and conclusive trial decision, with respect to which parties or intervenors 
concerned have given a notice that there has been described a trade 
secret (trade secret as prescribed in Section 2(4) of the Unfair Competition Prevention Law (Law No. 47 of 1993)) owned by the 
parties or intervenors concerned; 
 (iv) matters liable to injure the reputation or peaceful existence of an individual; 
 (v) documents liable to contravene public order or morality. 
  (2) Where a demand made with respect for documents as 
prescribed in the paragraphs of the preceding subsection is 
accepted, the Commissioner of the Patent Office shall notify a person, who has submitted such documents to that effect with a 
reason therefor. 
  (3) The Law Concerning Access to Information held by Administrative Organs (Law No. 42 of 1999) shall not apply to the 
documents concerning patents and the part of the Patent Register, 
which have been prepared by magnetic tapes.  
187.  Indication of existence of patent 
 
 A patentee or an exclusive or non-exclusive licensee shall 
take steps, as prescribed in an ordinance of the Ministry of 
Economy, Trade and Industry, to mark the patented product or a product produced by the patented process (hereinafter referred to as 
a “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 an “indication of a patent”). 
 
188.  Prohibition of false marking 
 
 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 process 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.  IP/N/1/JPN/P/3 
Page 94  
 
 189.  Transmittal of documents 
 
 An ordinance of the Ministry of Economy, Trade and Industry 
shall prescribe the documents to be transmitted in addition to those 
provided for in this Law.  
190. 
 
 Sections 98(2), 99 to 103, 105, 106, 107(1) (excluding 
Paragraphs (ii) and (iii)) and (3) and 109 (transmittal) of the Code 
of Civil Procedure shall apply mutatis mutandis to the transmittal of documents provided for in this Law or in an ordinance of the 
Ministry of Economy, Trade and Industry under Section 189.  In such 
a case, a “court clerk” in Sections 98(2) and 100 of the said Code shall read an “official or a trial clerk” designated by the 
Commissioner of the Patent Office, a “bailiff or post” in Section 
99(1) of the said Code shall read a “post”, and “in the case...the court clerk” in Section 107(1) of the said Code shall read “ in the case...and in the case where documents relating to an examination 
are to be transmitted, an official or a trial clerk” designated by 
the Commissioner of the Patent Office.  
191. 
 
 (1) Where the domicile or residence of a 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 107(1) (excluding Paragraphs (ii) and (iii)) 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.   IP/N/1/JPN/P/3 
 Page 95 
 
 
 193.  Patent Gazette 
 
 (1) The Patent Office shall publish the Patent Gazette (Tokkyo 
Kôhô). 
  (2) In addition to the matters provided for in this Law, the 
Patent Gazette shall contain: 
 (i) decisions of refusal, or abandonment, withdrawal or dismissal of a patent application after its laying open or 
withdrawal of an 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; 
 (iii) 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 
proviso to Section 17bis(1), limited to one by submitting a written correction of mistranslation);  (iv) extinguishment of patent rights (excluding that due to 
the expiration of a term and that under Section 112(4) or (5)) or 
the restoration (limited to that under Section 112bis(2));  (v) oppositions to the patents or demands 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 (limited to patent applications with respect to which the 
establishment of a patent right has been registered or which have been laid open); 
 (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) 
(limited to patent applications with respect to which the 
establishment of a patent right has been registered or which have been laid open).  
194.  Production of documents, etc. 
 
 (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.  
 
  IP/N/1/JPN/P/3 
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 195.  Fees 
 
 (1) The person specified hereunder shall pay the fees the 
amount of which shall be prescribed by Cabinet Order with the actual 
costs taken into consideration:  (i) person requesting an extension of the time 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(1); 
 (v) person requesting issuance of copy or extract of documents 
in accordance with Section 186(1);  (vi) person requesting inspection or copying of documents in 
accordance with Section 186(1); 
 (vii) person requesting issuance of documents containing matters recorded in that part of the Patent Register as prepared on magnetic tapes, in accordance with Section 186(1). 
 
 (2) The persons specified in the left-hand column of the attached table shall pay the fees the amount of which shall be 
prescribed by Cabinet Order within the limit of the amounts 
specified in the right-hand column of the table.  
 (3) Where, after a person other than the 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 fees for the request for examination to be paid under 
the preceding subsection shall be paid by the applicant for the increased number of claims, notwithstanding the preceding 
subsection. 
  (4) The three preceding subsections shall not apply where the 
person to pay the fee in accordance with the subsections is the 
State and the like.   (5) The provisions of Subsections (1) to (3) shall not apply 
where the person to pay the fee in accordance with these provisions 
is the State entitled to own jointly a patent right or a right to obtain a patent and th e Independent administrative institutions 
prescribed by Cabinet Order in Section 107(2), or the Independent 
administrative institutions entitled to o wn jointly such rights 
prescribed by Cabinet Order in the same subsection. 
 
 (6) Where the State and the like and persons other than the 
State and the like own jointly a patent right or a right to obtain a 
patent and there is an agreement with respect to their shares of the 
right, the fees under Subsection (1) or (2) (limited to the fees prescribed by Cabinet Order) shall be a sum with prescribed fees 
under these subsections multiplied by the ratios of the shares of 
the persons other than the State and the like, and persons other  IP/N/1/JPN/P/3 
 Page 97 
 
 
 than the State and the like shall pay such sum, notwithstanding the 
provisions of these subsections.  
 (7) Where the amount of the fees calculated in accordance with 
the provision of the preceding subsection has a fractional figure less than 10 yen, that fractional figure shall be discarded. 
 
 (8) The payment of the fees under Subsections (1) to (3) shall be made by patent revenue stamps as prescribed by an ordinance of 
the Ministry of Economy, Trade and Industry.  However, wherever so 
prescribed by an ordinance of the Ministry of Economy, Trade and Industry, such payment may be made in cash. 
 
 (9) A fee paid by mistake or in excess shall be refunded upon the request of the person making the payment. 
 
 (10) No request for a refund of a fee under the preceding 
subsection may be made after one year from the date of payment.  
195bis.  Reduction of fee for request for examination, or exemption 
therefrom 
 
 Where the Commissioner of the Patent Office recognizes that a 
person who is mentioned below and falls under the requirement prescribed by Cabinet Order for a person to be short of funds, 
cannot afford to pay a fee for request for examination, he may 
reduce the fee for request for examination under Section 195(2) with respect to his patent application, exempt him therefrom or grant him 
deferment of payment thereof as prescribed by Cabinet Order: 
 (i) the inventor of the patented invention or the inventor’s heir; 
 (ii) the employer etc., who has succeeded to the right to 
obtain a patent from the employee, etc., where the patent invention is an employee’s invention made by the employee, etc. as referred to 
in Section 35(1) and where it is provided in advance in a 
contractual provision, service regulation or other stipulation that the right to obtain a patent shall pass to the employer, etc..  
195ter.  Exemption of application of Administrative Procedure Law 
 
 The second and third chapters of the Administrative Procedure 
Law (Law No. 88 in 1993) shall not apply to the measures under this 
Law or an order or ordinance thereunder this Law.  
195quater.  Restriction on appeals under Administrative Appeal Law 
 
 No appeal under the Administrative Appeal Law shall lie from 
an examiner’s decision or a ruling to revoke a patent, a trial 
decision, and a ruling to dismiss a written opposition to the patent, or a demand for a trial or retrial nor from measures against 
which no appeal lies in accordance with this Law. 
 
 IP/N/1/JPN/P/3 
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 Chapter XI  Penal Provisions 
 
196.  Offense of infringement 
 
 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. 
 
197.  Offense of fraud 
 
 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 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.  
198.  Offense of false marking 
 
 Any person infringing Section 188 shall be liable to 
imprisonment with labor not exceeding three years or to a fine not 
exceeding 3,000,000 yen.  
199.  Offense of perjury, etc. 
 
 (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 certified copy 
of the interpretation is transmitted or the ruling on the opposition to the patent or trial decision concerning the case has become final 
and conclusive, his sentence may be reduced or suppressed. 
 
200.  Offense of divulging secrets 
 
 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 500,000 yen. 
 
201.  Dual liability 
 
 Where an officer representing a legal entity or a 
representative, employee or any other servant of a legal entity or of a natural person has committed an act in violation of any of provisions prescribed in the following paragraphs with regard to the 
business of the legal entity or natural person, the legal entity or  IP/N/1/JPN/P/3 
 Page 99 
 
 
 the natural person shall, in addition to the offender, be liable to 
the fine prescribed in the following paragraphs:  (i) Section 196, a fine not exceeding 150 million yen; 
 (ii) Section 197 or 198, a fine not exceeding 100 million yen. 
 
202.  Administrative penalties 
 
 Where a person who has taken an oath under Section 207(1) of the Code of Civil Procedure as applied under Section 151 [including 
its application under Sections 71(3), 119 (including its application 
under Section 174(1)) and 174(2) to (4) of this Law] has made a false statement before the Patent Office or a court commissioned 
thereby, he shall be liable to an administrative penalty not 
exceeding 100,000 yen.  
203. 
 
 Where a person who has been summoned by the Patent Office or a court commissioned thereby in accordance with this Law has failed to 
appear or has refused to take an oath, to make a statement, to 
testify, to give an expert opinion or to interpret, without a legitimate 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. 
 
Attached Table (Related to Section 195) 
 
 Person liable to pay Amounts 
1. Person filing patent application 
(except those listed below) ¥21,000 per 
case 
2. Person filing foreign language file 
application ¥35,000 per 
case 
3. Person taking proceeding under 
Section 184quinquies(1) ¥21,000 per 
case 
4. Person making request under Section 
184vicies(1) ¥21,000 per 
case 
5. Person making request for extension 
of term of patent right ¥74,000 per 
case 
6. Person making request for examination ¥84,300 per 
case plus 
¥2,700 per claim 
7. Person amending specification or 
drawings by submitting written
correction of incorrect translation ¥19,000 per 
case IP/N/1/JPN/P/3 
Page 100  
 
 8. Person requesting interpretation in 
accordance with Section 71(1) ¥40,000 per 
case 
9. Person requesting arbitration 
decision ¥55,000 per 
case 
10. Person requesting cancellation of 
arbitration decision ¥27,500 per 
case 
11. Person filing opposition to patent ¥8,700 per 
case plus ¥1,000 per 
claim 
12. Person applying to intervene in 
examination of opposition to patent ¥11,000 per 
case 
13. Person demanding trial or retrial 
(except those listed below) ¥49,500 per 
case plus 
¥5,500 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 ¥55,000 per 
case 
15. Person demanding amendment of 
specification or drawings ¥49,500 per 
case plus ¥5,500 per 
claim 
16. Person demanding intervention in 
trial or retrial ¥55,000 per 
case 
 
 
__________ 
 
 