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

Home > Public Comments Invitation > Feedback > Revision of the Examination Guidelines for Patent and Utility Model Based on the Partial Revision of the Patent Act

Main content starts here.

Revision of the Examination Guidelines for Patent and Utility Model Based on the Partial Revision of the Patent Act

March 25, 2015
Japan Patent Office
Administrative Affairs Division
Examination Standards Office

The draft revision of Examination Guidelines was 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.

The Japan Patent Office invited the public to submit comments on it from February 4, 2015 to March 5, 2015 and finalize the revision of the Examination Guidelines for “Priority under the Paris Convention” and “Internal Priority”, and finalize the formal revision of the Examination Guidelines so as to comply with the revised Patent Act in 2014 in the aspect of provisions quoted in the Examination Guidelines.

The Revised Examination Guidelines are applied to examination on or after April 1, 2015.

The Revised Examination Guidelines

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 25 March 2015]

Contact Us

Examination Standards Office

Administrative Affairs Division

Japan Patent Office

E-mail:PA2A10@jpo.go.jp

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.