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Draft Revision of Examination Guidelines for Amendment of Description, Claims and Drawings

[Contacts]    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

July, 2003 Examination Standards Office Japan Patent Office

The Patent System Subcommittee was established in the Intellectual Property Policy Committee of the Industrial Structure Council on September 18, 2002 and had since discussed patent system issues and so on. The subcommittee had also discussed appropriateness of the scope to amend and compiled an Interim Report that indicated the necessity to review and consider the proper scope of amendment. The Intellectual Property Policy Committee approved this Interim Report on February 18, 2003. Responding to the above Interim Report, we are revising Examination Guidelines on Amendment of Description, Claims and Drawings. Points of a draft revised Examination Guidelines are followings. -The revised Examination Guideline changes the scope to amend from "a matter which is directly and unambiguously derivable from the matters described in the description, the claims or drawings originally attached to the request" to "a matter which was inherently presented in the matters described in the description, the claims or drawings originally attached to the request." -Examiners may take into consideration the problems to be solved by the invention as well as the embodiments of the invention in the description comprehensibly, , and appropriately judge whether or not new matter is added especially when the amendment is made to change to generic or specific concept After publication of the final version of the revised Examination Guidelines, the revised Examination Guidelines will be applied to applications filed on January 1, 1994 or later. We invite interested parties to submit written comments on the draft of this revised Examination Guideline as following.

- Draft Revision of Examination Guidelines for Amendment of Description, Claims and Drawings (PDF 62KB)

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1. DATES: Comments must be received on or before August 15 (Fri.), 2003 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 (New matter)." 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 23 July 2003]

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