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Home > Public Comments Invitation > Previous Comments > Invitation for Public Comments on the Draft Revision of Operational Guidelines for Applicants to Seek the Application of Exceptions to Lack of Novelty of Invention, Corresponding to Article 30 of the Patent Act Revised in 2011

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Invitation for Public Comments on the Draft Revision of Operational Guidelines for Applicants to Seek the Application of Exceptions to Lack of Novelty of Invention, Corresponding to Article 30 of the Patent Act Revised in 2011

February 4, 2015
Japan Patent Office
Administrative Affairs Division
Examination Standards Office

As a part of enhancement of relief measure by the Partial Revision of the Patent Act in 2014, the provisions related to Exceptions to Lack of Novelty of Invention (Patent Act Article 30) were revised.
In response, the draft revision of “Operational Guidelines for Applicants to Seek the Application of Exceptions to Lack of Novelty of Invention, Corresponding to the Patent Act Article 30 Revised in 2011” (hereinafter referred to as “Operational Guidelines for Applicants”) is prepared. We invite public comment as outlined below.

1. Subjects on which comments are invited

The revised parts (highlighted in yellow) of “Operational Guidelines for Applicants to Seek the Application of Exceptions to Lack of Novelty of Invention, Corresponding to the Patent Act Article 30 Revised in 2011 (a Draft)” (PDF:731KB)

2. Due date

Written comments must be received on or before Thursday, March 5, 2015.

3. Submission of comments

Please give us your name*, contact information, and occupation, and send us your comments via one of the following methods:

* If you are a corporate body or an institution, please give us the name of the body, department, and person in charge.

E-mail

pa2a10@jpo.go.jp

Please use "Written comments on the draft revision of Operational Guidelines for Applicants" as the subject line.

Facsimile

+81-3-3597-7755

To the attention of: Examination Standards Office, Administrative Affairs Div., Patent and Design Examination Depart., Japan Patent Office

Please use "Written comments on the draft revision of Operational Guidelines for Applicants" as the subject line.

Postal mail

To the attention of: Examination Standards Office, Administrative Affairs Div., Patent and Design Examination Depart., Japan Patent Office

3-4-3 Kasumigaseki, Chiyoda-ku Tokyo 100-8915, Japan

Please use "Written comments on the draft revision of Operational Guidelines for Applicants" as the subject line.

4.Notes

Please note the following.

  • The comments submitted to us will be collectively taken into consideration when we make the final decisions. It is not our intention to respond to individual comments. In principle, no replies will be offered to inquiries on hypothetical cases and comments unrelated to this revision.
  • We do not accept comments and inquiries by telephone.
  • All descriptions excepting your name and contact information may be released to the public. However, if a comment contains personal information that could make it possible to identify an individual commenter, the concerned descriptions will be concealed prior to the release of the comment to the public.
  • The personal information included with your comments, such as your name, contact information etc., will be managed appropriately, and will only be used for administrative affairs related to the invitation for public comments, such to contact you in the event that we have any questions concerning your comments.

Reference Information about the Draft Revision of Operational Guidelines for Applicants

As a part of enhancement of relief measure by “the Act on the Partial Revision of the Patent Act and Other Acts” and “the Ministerial Ordinance on Arrangement of Relevant Ministerial Ordinances Concerned with Enforcement of the Act on the Partial Revision of the Patent Act and Other Acts” (The effective date is April 1, 2015), the provisions related to Exceptions to Lack of Novelty of Invention were revised. The details of the revision are as follows:

  • With respect to Proving Document in Patent Act Article 30(3), where there is a reason beyond the control of the person submitting Proving document, the person may extend the procedure period for a fixed period (Patent Act Article 30 (3), Article 38-6-3 of the Ordinance for Enforcement of the Patent Law ).

Complying with this revised Act, Operational Guidelines for Applicants are revised formally in the following aspects:

  • (1) Period when Proving Document can be submitted
  • (2) Provisions quoted in Operational Guidelines for applicants

[Last updated 4 February 2015]

Contact Us

Examination Standards Office,

Administrative Affairs Division,

Patent and Design Examination Depart,

Japan Patent Office

E-mail:pa2a10@jpo.go.jp

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