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Home > Public Comments Invitation > Feedback > 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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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

March 25, 2015
Japan Patent Office
Administrative Affairs Division
Examination Standards Office

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”) was prepared.

The Japan Patent Office invited the public to submit comments on 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”) from February 4, 2015 to March 5, 2015 and finalize the revision of Operational Guidelines.

The Revised Operational Guidelines

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 25 March 2015]

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Examination Standards Office

Administrative Affairs Division

Japan Patent Office

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