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Home > Public Comments Invitation > Previous Comments > Invitation for Public Comments on the Draft 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

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Invitation for Public Comments on the Draft 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

July 13, 2011
Japan Patent Office
Administrative Affairs Division
Examination Standards Office

The scope of exceptions of Article 30 of the Patent Act were expanded due to the revision to the Patent Act in 2011.

In response, “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)” is prepared. We invite public comment as outlined below.

1. Subjects on which comments are invited

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:323KB)

2. Due date

Written comments must be received on or before August 12, 2011.

3. Submission of comments

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

* If you are a corporate body or 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 of Operational Guidelines for Applicants" as the subject line.

Facsimile

+81-3-3597-7755

To the attention of: Examination Standards Office, Administrative Affairs Div., First Patent Examination Depart.

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

Postal mail

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

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

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

4.reference material

The current "Operational Guidelines for Applicants to Seek the Application of Exceptions to Lack of Novelty of Invention" (PDF:500KB) (Japanese only)

5.Notes

  • JPO will not be able to reply to each of the comments individually.
  • All descriptions except 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 or could threaten people’s properties, 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.

Outline of the “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)”

Points

  • (1) Presentation of the statement methods for and examples of the "Proving Document" for the major mode of publication of invention to which the "Exceptions to Lack of Novelty of Invention" after the revision of the Patent Act is applicable.
  • (2) Statement to the effect that, if a certificate is prepared appropriately by the applicant himself/herself in accordance with a certain format and submitted within 30 days from the date of filing of the patent application, it will be authorized to have a certain probative value for the matters to be proved, as the “Proving Document”.

Outline

Scope of the “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)”

  • In principle, the Guideline shall be applied to patent applications filed on or after the enforcement date of the Patent Act revised in 2011.

1. Outline of the Article 30 as Revised in 2011

  • Due to the revision to Article 30 of the Patent Act in 2011, inventions made public at meetings and seminars, which are not academic conference designated by the Commissioner of the Patent Office, inventions made public on TV and radio, and inventions made public through sales, which were excluded under the previous exceptions are now covered by the new exceptions.
  • The exceptions to lack of novelty of invention are exceptions to the first-to-file rule and therefore, even in cases where your application is covered by Article 30, if, for example, a third party had created the same invention by himself/herself, and filed a patent application for the invention prior to the filing date of your patent application or published the invention prior to the filing date of your patent application, then you can’t obtain a patent for your invention.

2. Procedural requirements to seek the application of the Article 30

  • An applicant for a patent who is seeking the application of Article 30, Paragraph (2) of the Patent Act is required to take the following three procedures as listed in (a) to (c).
    • (a) To file a patent application for the invention made public due to an act of the right holder(s) within six months from the date of publication
    • (b) To submit a document stating to the effect that the applicant is seeking the application of the Article 30, at the time of filing of the patent application
    • (c) To submit the "Proving Document" within 30 days from the date of filing of the patent application

3. 3. Outline of the “Proving Document” provided for in Paragraph (3)

  • If a certificate is prepared appropriately by the applicant himself/herself in accordance with a certain format and submitted within 30 days from the date of filing of the patent application, it will be authorized to have a certain probative value for the matters to be proved, as the “Proving Document.”
  • In the "Proving Document" provided for in Article 30, paragraph (3) of the Patent Act, "Facts of Publication" and "Facts of Succession to the Right to Obtain a Patent" columns shall be set up and statements shall be made in accordance with the following method.
    • Statement methods for the “Facts of Publication” column
      • (i) Date of publication
      • (ii) Place of publication
      • (iii) Person(s) who published the invention
      • (iv) Contents of the invention published
    • Statement methods for the "Facts of Succession to the Right to Obtain a Patent"
      • (i) Inventor(s) of the invention published
      • (ii) Person(s) having the right to obtain a patent at the time of the act causing the publication of the invention (right holder(s) at the time of the act)
      • (iii) Applicant(s) for the patent (the person(s) stated in the application)
      • (iv) Person(s) who published the invention
      • (v) Succession to the right to obtain a patent
      • (vi) Relationship between the right holder at the time of the act and the person who published the invention. (State that the person who published the invention made the publication of the invention as a result of the act of the right holder(s) at the time of the act).

[Last updated 13 July 2011]

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