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Obtaining Rights

1.Submission of Information by Third Parties:Outline


(1)When Information Submission by Third Party may be filed

Information may be submitted at any time after a patent application or an application for utility model registration is filed, even after a grant of a patent or utility model registration.

(2)Who may submit Informations

Any member of the public may file the Submission of Information. Submissionon an anonymous basis is permitted.*

* If anyone prefers to submit information on an anonymous basis, Please fill “n/a” in the column of “Address or Residence” and “Name or Corporate Name” in the Form of regulatory submission (see 2.(1) of this page and Remarks 4 to Form No. 20 of Regulations under the Patent Law). In this case, the submitter can not receive the Feedback notifying the progress in utilization of such Information.

(3)Reasons for Rejection or Invalidation subjected to Information Submission (Information Qualified for Submission)

Within the reasons for rejection or invalidation, information for the following matters may be submitted. However, with respect to reasons for rejection or invalidation prescribed in Articles 25, 32 and 37, etc., which do not correspond to any of the following, the Submission of Information may not be accepted (Article 13-2, Paragraph 1, respective Items of Regulations under the Patent Law).

Article 17 bis, Item 3 (Addition of New Matter)

Body Text of Article 29, Paragraph 1 (Non-invention or Lack of Industrial Applicability)

Article 29, Paragraph 1 (Lack of Novelty)

Article 29, Paragraph 2 (Lack of Inventive Step)

Article 29 bis (Extended Earlier Application)

Article 39, Items 1 to 4 (Earlier Application)

Article 36, Paragraph 4, Item 1 (Violation of Description Requirement for a specification)

Article 36, Paragraph 6, Items 1 to 3 (Violation of Description Requirement for Claims)

Article 36 bis, Paragraph 2 (Addition of New Matter to the Original Text)

(4)Mediums to be submitted

¤Submission of Informationmust be made in writing (Submittals which do not satisfy “in writing” requirements (e.g., video tape) may not be accepted).

¤Submittals “in writing” which may be accepted includes:

⟨Publications or their copies;

⟨Copies of specifications or drawings of a patent application or an application for utility model registration; and

⟨Testifying documents such as experiment reports, etc.

<Additional Instruction:If you intend to submit technical information obtained by electronic means such as the Internet, etc.>

¤In the case that you intend to submit technical information obtained by electronic means such as the Internet, etc., please submit the information as the printed matters including the following information;

⟨Contents and publishing date of the information;

⟨Address from which such information is obtained; and

⟨Contact information about such information in case of inquiry

¤It is preferable that a certifying document by a person who is authorized or responsible for the posting, maintenance, etc., of such information is attached.

  • <Contact>
  • Examination Standards Office
  • Administrative Affairs Division
  • First Patent Examination Department
  • Japan Patent Office
  • TEL:+81-3-3581-1101 (ex.:3112)
  • FAX:+81-3-3597-7755
  • E-mail:PA2A12@jpo.go.jp

[Last updated 24 July 2008]

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