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Home > Public Comments Invitation > Previous Comments > Draft revised Examination Guideline for Patent and Utility-model in Japan

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Draft revised Examination Guideline for Patent and Utility-model in Japan

May, 2000
Examination Standards Office
Japanese Patent Office

Due to the revisions of the Patent Law and other related laws and regulations in 1994, description requirement for specification was amended, in order to assure the international harmonization of the industrial property system and to create positive environment for creative business activities in industries.

We drew up "Practices in Examination and Appeals under 1994-revised Patent Law in Japan (1994 Practices)" for the purpose of smooth operation of the above-mentioned systems.

In the "1994 Practices," detailed standard for judgment with regard to description requirement for specification is set forth in accordance with the purport of the revisions to achieve the international harmonization of the industrial property system and to properly protect various result of development. These criteria for judgment permit the description of inventions in more free expression, in order not to impair the main function of a patent specification, that is, disclose the content of inventions third parties.

5 years have already passed since the administration of 1994-revised Patent Law and others, examination practices are going well on the whole. But in case of doing appropriate examination correspond to various descriptions and accelerated development in the emerging technology, it becomes difficult to do appropriately in some technical fields because of fluffy parts, We revise Examination Guideline, mainly description requirement for specification, in order to improve the above situation. We also revise the followings.

We invite public comments on this Revised Examination Guideline as followings.

We are going to make the final version based on the public comments.

The Examination Guidelines are to be promptly reviewed from time to time to be adapted to future circumstances.

Revised Examination Guideline

  1. Description requirements for patent specifications(PDF:145KB) (WORD:129KB)
  2. Novelty, Inventive step(PDF:98KB) (WORD:142KB)
  3. Examination procedure(PDF:121KB) (WORD:101KB)

Public comments

Deadline: June 16, 2000

Means: e-mail

Address: PA2A12@jpo.go.jp

[Last updated 31 May 2000]

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