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Home > Public Comments Invitation > Previous Comments > Draft Revision of Examination Guidelines for Industrially Applicable Inventions

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Draft Revision of Examination Guidelines for Industrially Applicable Inventions

Feb, 2005
Examination Standards Office
Japan Patent Office

"Task Force on the Protection of Patents of Medical-Related Acts" in Strategic Council on Intellectual Property made an arrangement on the protection of patents of medical-related acts on November 22 last year. And it was reported to the 9th meeting of Strategic Council on Intellectual Property on December 16.
Taking this arrangement into consideration, "Draft Revision of Examination Guidelines for the Industrially Applicable Inventions" was prepared. This Draft Revision of Examination Guidelines consists of the Draft Revision of Examination Guidelines of 2.1(1) " Methods for treatment of the human body by surgery or therapy and diagnostic methods practiced on the human body " and Examples (draft) in the "Patent and utility model examination standard, Part II, Chapter 1 Industrially Applicable Inventions".
The gist of the draft is as follows.

  • (a)It was made clear that "a method for controlling the operation of medical device" is patent eligible as long as the method represents in a manner of processes functions provided to the medical device per se.
  • (b)It was made clear that methods such as an action of an operator (example: an action that a physician operates devices) or an influence on human body by a device (example: excision of diseased part by equipment) is not included in "the method for controlling the operation of medical device".

We invite interested parties to submit written comments on the draft of this revised Examination Guidelines as following.

Draft Revision of Examination Guidelines for Industrially Applicable Inventions (PDF:194KB)

1.DATES

Comments must be received on or before March 23 (Wed.), 2005

2.ADDRESSES

<E-mail>

PA2A12@jpo.go.jp

<facsimile>

+81-3-3597-7755

<mail>

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

  • Comments should be sent via E-mail with the subject of "COMMENT ON DRAFT EXAMINATION GUIDELINE (operating method)."
  • Comments should be sent via facsimile or mail with the address of "Examination Standards Office, Japan Patent Office."
    Please also include your name and contact address.

3.SUPPLEMENTARY INFORMATION

  • Comments shall be submitted by mail, E-mail, or facsimile.
  • Received comments may be open to the public, with the exception of any personal information (your address, telephone number, etc.).

[Last updated 24 February 2005]

Contact Us

Examination Standards Office, Japan Patent Office
3-4-3 Kasumigaseki, Chiyoda-ku Tokyo 100-8915, Japan

FAX : +81-3-3597-7755

E-mail : PA2A12@jpo.go.jp

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