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Draft Revision of Examination Guidelines for Description Requirements of Description and Claims

[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 deliberated patent system issues and so on. The subcommittee had also deliberated clarification of the descriptive requirements and compiled an Interim Report that indicated the necessity to review and clarify the descriptive requirement corresponding to the support requirement of the EPO or the written description requirement of the USPTO. 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 Description Requirements of the Description and Claims. Points of a draft revised Examination Guidelines are followings. -The revised Examination Guideline make it clear that the relationship between claims and disclosure in the description is substantially examined based on Section 36(6)(i). -We add two typical cases judged as non-conforming to the provision of Section 36(6)(i). These two cases don’t satisfy substantial accordance of claims with disclosure in the description. After publication of the final version of the revised Examination Guidelines, the revised Examination Guidelines will be applied to applications filed on July 1, 1995 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 Description Requirements of Description and Claims (PDF 30KB)

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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 (Description)." 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 may be submitted in any form. - 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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