Handling of the applications related to the publication of the Drafts Revision of Examination Guidelines for “Industrially Applicable Inventions” and “Medicinal Inventions”

August 6, 2009
Examination Standards Office
Japan Patent Office

Japan Patent Office (JPO) announces the handling of the applications related to the publication of the Drafts Revision of Examination Guidelines for “Industrially Applicable Inventions” (Part II, Chapter 1) and “Medicinal Inventions” (Part VII, Chapter 3).

1. Intended applications and the handling thereof

If the application falls under the (1) or (2) below, JPO will postpone its examination until the publication of the final version of the revised Examination Guidelines.

(1) Application in which a claimed invention is not considered to be “the diagnostic method practiced on the human body” based on the Draft Revision of Examination Guidelines but falls under “the diagnostic method practiced on the human body” based on present Examination Guidelines. Furthermore, there should be no reason for refusal except for the reason above.

(2) Application in which a claimed invention is medicinal invention specified by dosage and administration, and the novelty of which is not recognized based on present Examination Guidelines but the novelty and the inventive step are recognized based on the Draft Revision of Examination Guidelines. Furthermore, there should be no reason for refusal except for the reason above.

2. Date for initiating the examinations of the related applications

The revised Examination Guidelines will be published in around October, with the necessary modification based on submitted public comments. JPO will initiate the examination of the related applications above after the publication of final version of Examination Guidelines.

[Last updated 6 August 2009]