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Home > Public Comments Invitation > Feedback > Revision of the Examination Guidelines for “Biological Inventions”

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Revision of the Examination Guidelines for “Biological Inventions”

January 6, 2015
Japan Patent Office
Administrative Affairs Division
Examination Standards Office

The draft revision of Examination Guidelines for “Biological Inventions” was prepared based on the discussions at the 2nd meeting (October 3, 2014) of the Working Group on the Patent Examination Standards supervised by the Patent System Subcommittee under the Intellectual Property Committee of the Industrial Structure Council.

The Japan Patent Office invited the public to submit comments on it from October 8, 2014 to November 6, 2014 and finalized the revision of the Examination Guidelines for “Biological Inventions” on January 1, 2015.
The Revised Examination Guidelines are applied to any patent applications filed on or after January 1, 2015.

The Revised Examination Guidelines for “Biological Inventions” (PDF:427KB)

Reference Information about Draft Revision of Examination Guidelines on Biological Invention

1. Update of a quotation from the Regulations under the Patent Act (Examination Guidelines Part Ⅶ Chapter 2 5.1)

In line with the revision of the Section 27bis of the Regulations under the Patent Act, the quotation of the provision Section 27bis written in Examination Guidelines is replaced by the new provision. Related to the new provision, “an institution received a designation or another certification which is equivalent to a “designation by the institution” by a country that is not a party to Treaty (the country is limited one which allows Japanese nationals to perform a procedure of the deposit of a microorganism for the purposes of patent procedure under the same conditions as in Japan and that is designated by the Commissioner of the Patent Office)” is added as a depositary institution for the purposes of patent procedure.

2. Date of Implementation

The revised Examination Guidelines are applied to any patent applications filed on or after January 1, 2015.

[Last updated 6 January 2015]

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Examination Standards Office

Administrative Affairs Division

Japan Patent Office

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