• Announcements
  • Obtaining IP Rights
  • JPO Activities
  • Statistics ⁄ References
  • About JPO
  • FAQs

Home > Public Comments Invitation > Previous Comments > Invitation for Public Comments on "Examples Relating to Judgment of Necessity for Deposit of Microorganisms, etc.(Draft)"

Main content starts here.

Invitation for Public Comments on "Examples Relating to Judgment of Necessity for Deposit of Microorganisms, etc.(Draft)"

November 12, 2008
Examination Standards Office
Japan Patent Office

"In a report of the Council for Science and Technology Policy Expert Panel on Management of Intellectual Properties "Intellectual Property Strategy" dated May 18, 2007, it was recommended that, with regard to the system in which a microorganism etc. (including the cell of animals and plants) is deposited when a invention is related to a microorganism and the microorganism cannot be produced solely from the description in a patent application specification, examples for clarifying the judgment of necessity for the deposit of microorganisms for acquiring the patent should be formulated and published.

Having this recommendation, the Japan Patent Office (JPO) drafted "Examples Relating to Judgment of Necessity for Deposit of Microorganisms, etc.(Draft)", after being deliberated in the first exploratory committee relating to a patented microorganisms depositing system held in June 23, 2008 (chaired by Minoru Takeda, Attorney at Law, Takeda Law Office), and in the Committee on Examination Standards, Industrial Structure Council, held in November 5, 2008 (chaired by Nobuhiro Nakayama, Professor emeritus at Tokyo University/Attorney at Law).

The outline of the present examples (draft) is as follows.

  • (1)The examples explain, based on specific cases, how the judgment is done on whether microorganisms, etc. ("microorganisms, etc." here include microorganisms, plants and animals) need to be deposited or not prior to filing of the application.
  • (2)The examples consist of total 10 cases (4 cases for which the deposit is necessary and 6 cases for which the deposit is not necessary) including inventions relating to the bacteria (3 cases), inventions relating to the antibody (3 cases) and inventions relating to the cell (2 cases) and inventions relating to the animal (2 cases).

The JPO invites interested individuals or entities to submit written comments to the examples (draft). Comments should be submitted in the following way.

Way of submitting written comments

1.Subject on which comments are invited

"Examples Relating to Judgment of Necessity for Deposit of Microorganisms, etc. (Draft)" (PDF:103KB)

2.Due date

Written comments must be received on or before Friday, December 12, 2008.

3.Submission of comments

Comments should be submitted to:





<Postal mail>

Examination Standards Office, Administrative Affairs Div., First Patent Examination Depart., Japan Patent Office, 3-4-3 Kasumigaseki, Chiyoda-ku Tokyo 100-8915, Japan

* In the case of E-mail, the subject should be "written comment on Examples for Deposit of Microorganisms (draft).

* Regardless of format type of the written comment, the following information must be provided: (i) your name, (ii) contact information (telephone number, facsimile number, e-mail address), (iii) occupation, and (iv) place of employment.

* Comments must be written in English or Japanese.


  • Please note that all descriptions except your name, address, telephone / facsimile number and e-mail address may be released to the public.
    However, if there are descriptions which are information concerning an individual capable of identifying the individual, or which are judged to have a fear of harming the properties etc. of the individuals / legal persons etc., the concerned descriptions will be concealed prior to the release of the comment to the public.
  • The individual information such as the name, the contact address etc. contained in the written comment will be appropriately managed and will be utilized only in the work related to the present invitation of the written comment, for example, in the contact with one who submitted the comments in case that there are uncertainties.
  • Please note that your opinions or comments cannot be accepted through telephone.
  • Comments received by the JPO will be considered as a reference in the final determination. However, please note that the JPO will not send replies to each of the comments
  • This English document is unofficial translations. Only the original Japanese text of the "examination guidelines for patent and utility model" has effect, and this translation is to be used solely as reference material to aid in the understanding of the examination guidelines.

[Last updated 12 November, 2008]

Contact Us

Examination Standards Office,

Administrative Affairs Division,

Japan Patent Office,



download Adobe Reader

Some of the publications on this site are in PDF format. To view them, you will need to have Adobe Acrobat Reader. Please click the graphic link to download Acrobat Reader.