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Home > Public Comments Invitation > Previous Comments > Invitation for Public Comments on the Draft Revision of Examination Guidelines Based on the Partial Revision of the Patent Act

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Invitation for Public Comments on the Draft Revision of Examination Guidelines Based on the Partial Revision of the Patent Act

February 4, 2015
Japan Patent Office
Administrative Affairs Division
Examination Standards Office

The draft revision of Examination Guidelines is prepared based on the discussions at the 3rd meeting (January 23, 2015) 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. We invite public comments as outlined below.

1. Subjects on which comments are invited

The draft revision of Examination Guidelines (PDF:848KB)

2. Due date

Written comments must be received on or before Thursday, March 5, 2015.

3. Submission of comments

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

* If you are a corporate body or an 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 revision of Examination Guidelines" as the subject line.

Facsimile

+81-3-3597-7755

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

Please use "Written comments on the draft revision of Examination Guidelines" as the subject line.

Postal mail

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

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

Please use "Written comments on the draft revision of Examination Guidelines" as the subject line.

4.Notes

Please note the following.

  • The comments submitted to us will be collectively taken into consideration when we make the final decisions. It is not our intention to respond to individual comments. In principle, no replies will be offered to inquiries on hypothetical cases and comments unrelated to this revision.
  • We do not accept comments and inquiries by telephone.
  • All descriptions excepting 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 commenter, 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.

Reference Information about Draft Revision of Examination Guidelines Based on the Partial Revision of the Patent Act

1. Revision of the Provisions Related to Priority Claim by the Partial Revision of the Patent Act in 2014

On March 11, 2014, the Cabinet approved the Bill for the Act on the Partial Revision of the Patent Act and Other Acts. This Act was passed into law on April 25, 2014 and was promulgated as Act No. 36 on May 14. The Act’s effective date is April 1, 2015.
As a part of enhancement of relief measure by this revision of the Patent Act, the provisions related to Priority Claim in the Patent Act were revised. The details of the revision are as follows:

  • Where there is a reasonable ground for failing to file a patent application claiming priority within the period of priority, a person may claim the priority within a fixed period. (Revised Patent Act Articles 41 (1), 43bis (1) etc. (Equivalent measures are provided in the Utility Model Act))
  • A person may submit a document stating priority claim within a fixed period as well as along with the application, and also may amend the document within a fixed period. (Revised Patent Act Articles 17, 17quarter, 41 (4), 43 (1) etc. (Equivalent measures are provided in the Utility Model Act))
  • Revised Patent Act Articles 41 and 43 shall apply to patent application filed after the revised Patent Act came into effect.

2. Outline of Revision of Examination Guidelines

Complying with the revised Patent Act, Examination Guidelines will be revised formally in the following aspects:

  • (1) Period when priority can be claimed (Examination Guidelines Part Ⅳ Chapters 1 and 2)
  • (2) Provisions quoted in the Examination Guidelines
  • (3) Period for applying the revised Examination Guidelines

[Last updated 4 February 2015]

Contact Us

Examination Standards Office,

Administrative Affairs Division,

Patent and Design Examination Depart,

Japan Patent Office

E-mail:pa2a10@jpo.go.jp

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