PROVISIONAL TRANSLATION When any ambiguity of interpretation is found in this translation, the Japanese text shall prevail. Implementing Guidelines for Examination of Industrially Applicable Inventions The first sentence in Patent Law Section 29(1) reads: Any person who has made an industrially applicable invention may obtain a patent therefor .... It has been long established, in theory and practice, to consider that the above provision requires an invention to be "statutory", as well as be "industrially applicable." These Guidelines, following this established rule, give explanations to the two requirements, i.e., being statutory and industrially applicable. 1. Statutory Invention Patent Law Section 2(1) defines the statutory invention as a highly advanced creation of technical ideas utilizing natural laws. It should be noted, however, that the term "highly" has been introduced in the definition to differentiate "invention" from "device" under the Utility Model Law, and this term is disregarded in judging on the statutory invention. The following is the list of non-statutory inventions. In principle, an invention which does not correspond to any one of the following is considered statutory. 1.1 Non-statutory Inventions Since it is not a "creation of technical idea utilizing natural laws," any one of the followings is not considered statutory. (1) Natural laws as such Since statutory inventions shall utilize natural laws, natural laws as such like the laws of preservation of energy or the law of universal gravitation, are not considered statutory. (2) Mere discoveries One of the requirements for a statutory invention is that it is a "creation", and thus, mere discoveries, such as discoveries of natural things like an ore or natural phenomena, for which an inventor does not consciously create any technical ideas, are not considered statutory. However, if things in nature such as chemical substances or microorganisms have been isolated artificially from their surroundings, then those are creations and considered statutory. (3) Those contrary to natural laws If a matter necessary to define an invention involves any means contrary to natural laws, the claimed invention is not considered statutory (see Example 1 attached). The so-called perpetual motion is an example contrary to the second law of thermodynamics. (4) Lows or the like other than natural laws, and an invention in which solely such lows are utilized If a claimed invention is any laws other than natural laws (economic laws for example), arbitrary arrangements, mathematical methods or mental activities, or utilizes only these lows, the invention is not considered statutory because it does not utilize natural laws (see Examples 2-5). [Example] Computer programming languages (it belongs to arbitrary arrangements) In the case where some matters necessary to define an invention stated in a claim utilize any laws other than natural laws, etc., but the claimed invention as a whole is utilize natural laws ,such an invention is not this type. (5) Personal skill (which is acquired through personal experience and can not be shared with others as a knowledge due to lack of objectivity.) [Example] A method of throwing a split-fingered fast ball characterized in the way of holding the ball in fingers and the way of throwing the same. (6) Mere presentation of information (where feature resides solely in the content of the information, and the main object is to present information .) [Example] A written manual for instructing an operation of a machine or directing the use of a chemical substance, an audio compact disc (where feature resides solely music recorded thereon), or a computer program listing (representation of program codes by means of printing them on paper, displaying them on a screen, etc.). In addition, technical feature resides the presentation of information (presentation per se, a means for presentation, a method for presentation, etc.), claimed inventions are not considered as mere presentation of information . [Examples] 1. A test chart for use in checking the performance of a television set. (where technical feature resides the test chart per se) 2. A plastic card on which information is recorded with characters, letters and figures embossed on it. (this card enables one to copy the information by affixing the card on a paper, and in this sense technical feature resides the means for presentation) (7) Aesthetic creations [Example] Paintings, carvings, etc. (8) Those for which it is clearly impossible to solve the problem to be solved by any means presented in the claim. [Examples] A method for preventing explosion in a volcano by forming balls of neutron-absorbing material (eg., boron) covered with substance of high melting temperature (eg., tungsten) and throwing them into the volcanic vent.(this invention allegedly works on the assumption that volcanic explosion is caused by nuclear fission of substances like uranium at the bottom of the volcanic vent) (Note to (8)) Most of such problematic cases could derive from the defective description of the invention where the invention are not described in such a manner that a person skilled in the art could easily carry out the invention. @ Therefore, Patent Law Section 36 prevails when it is not evident whether it is impossible to solve the problem to be solved by the means presented by the claimed invention. 2. Industrial Applicability Here, the word "industry" is interpreted in a broad sense, including mining, agriculture, fishery, transportation, telecommunications, etc., as well as manufacturing. The following is the list of industrially inapplicable inventions. In principle, an invention which does not correspond to any one of the following is considered industrially applicable. 2.1 Industrially Inapplicable Inventions (1)Methods for treatment of human body by surgery or therapy and diagnostic methods practiced on the human body Methods for treatment of human body by surgery or therapy and diagnostic methods practiced on the human body have been termed "medical act", and are normally practiced by physicians or persons directed by them. An instrument or apparatus for use in such methods, or a pharmaceutical substance is patentable. On the other hand, an operating procedure on human body by means of such an instrument (scalpel, etc) or a method for treating of the human body with a pharmaceutical substance is considered industrially inapplicable and is thus not patentable. Further methods for treatment of samples that have been removed from the human body (eg., blood, urine, tissues, or hairs), or methods of gathering data by analyzing the same, are not excluded from patentability. However, if the treatment of these samples is performed on the presumption that the they will be returned to the same body (eg.,a treatment of blood by dialysis), then, such methods are considered methods for treating the human body which are excluded from patentability. The above principle also applies to contraception or delivery methods. A claim directed at the treatment of an animal body by surgery or therapy and diagnostic methods practiced on the animal body are considered to fall within the methods for treatment of the human body by surgery or therapy and diagnostic methods practiced on the human body, unless it is clear that the human body has been excluded (eg., the human body is expressly disclaimed in the specifications). 1) Methods for treatment of the human body by surgery This includes methods for surgical operations and drawing blood. Cosmetic treatment is also included in surgical methods, even when its purpose is not therapeutic or diagnostic but cosmetic provided that it is accompanied with treatment by surgery . Further, preparatory treatment for surgery, such as anesthetic treatment, is included in surgical methods because it is inevitably associated with surgical operations. 2) Methods for treatment of the human body by therapy Those include the following: (i) Prescription or injection methods, physical treatment, or other means of curing or restraining a disease. (ii) Methods for organ implants such as implants of artificial internal organs or artificial arms. (iii) Methods for treatment of disease (eg., methods for preventing tooth decay, or methods for preventing influenza). Methods for the maintenance of physical health (massage or shiatsu therapy methods) are also considered to fall within the methods for treatment of the human body by therapy. (iv)Preparations for treatment (eg., skin disinfection methods before injections), aids to improve treatment results (eg., rehabilitation methods), or methods for nursing associated with the treatment (eg., preventive methods for bedsores). 3) Diagnostic methods practiced on the human body "Diagnostic methods practiced on the human body" implies methods for measuring or examining the structure or function of the human body by physicians (or persons directed by them) for the purposes of recognizing or judging the physical condition of the human body, and/or judging the condition of diseases based on data gathered through the measurement or examination. These include: (i) Methods for measuring the internal or external conditions of the human body, or the shape or size of internal organs, for the purpose of operation, treatment, or diagnosis; [Examples] 1. A method for measuring the conditions of internal organs of the human body by X-ray; 2. A method for measuring the degree of skin inflammation; (ii) Preparatory methods for diagnosis [Example] A method for arranging electrodes for taking an electro-cardiogram. Methods for measuring the structure or functions of the human body for purposes other than operation, treatment or diagnosis however, are not considered diagnostic methods in the sense of the above, and are thus not excluded from patentability. [Examples] 1. A method for measuring human skin for cosmetic treatment (except for those by surgery). 2. A method for measuring physical dimensions for tailoring clothes. 3. A method for measuring a finger for making a ring. @ In a case where methods for treatment of human body by surgery or therapy and diagnostic methods practiced on the human body mentioned in 1-3 above constitute a part of a particular method, and where that method has a technical feature like in the example below, it will be treated as a method for treatment of human body by surgery or therapy and diagnostic methods practiced on the human body. [Example] A method for examining an of electro-cardiogram, which has been taken by instilling both a vasodilator and vasoconstrictor at regular intervals. The example is an invention of a method for examining an electro- cardiogram, and does not directly appear to be an invention of a diagnostic method practiced on the human body. However, the invention comprises a technical feature in the area of diagnostic method practiced on the human body namely how to take an electro-cardiogram. Therefore, the method given as an example is deemed a diagnostic method practiced on the human body. (2) Commercially inapplicable invention An invention which concerns marketable or tradable subject matter is considered commercially applicable. On the other hand, the inventions indicated in (i) and (ii) below are regarded as commercially inapplicable, and hence industrially inapplicable. (i) An invention applicable only for personal use, such as a method of smoking (ii) An invention applicable only for academic or experimental purposes An invention, such as a "method for waving hair", which is to be used not only personally but also commercially, is not considered an "invention applicable only for personal use." Likewise, a "kit for scientific experiments", which is to be used in experiments at school, is not considered an "invention applicable only for academic or experimental purposes," because it is marketable or tradable. (3) Practically inapplicable inventions An invention which practically can not work is not considered an "industrially applicable invention" even if it works theoretically. [Example] A method for preventing an increase in ultraviolet rays associated with the destruction of the ozone layer by covering the whole earth's surface with an ultraviolet ray absorbing plastic film. 3. Notes The burden of proof regarding the requirements for industrial applicability is placed on the applicant . However, upon noticing that the claimed invention does not comply with the requirements for industrial inapplicability, the grounds should be indicated as specifically as possible in the notice of rejection. 4. Examples [Example 1] (contrary to natural laws) Title of the invention: Method of plating copper with iron Claim: A method of plating copper with iron comprising the step of immersing a copper piece in an aqueous solution containing iron ions, thereby forming an iron layer on said copper piece. Excerpt from the detailed description of the invention: The electroplating has been a conventional method for plating copper with iron. The present invention provides a method which makes possible the plating of a copper piece with hard iron layer by only immersing the copper piece in an aqueous solution containing iron ions such as iron sulfate, using a simpler equipment than conventional one. (Explanation to Example 1) It is the common general knowledge that iron has a higher tendency of ionization than copper. Therefore it is impossible to form a hard iron layer over a copper piece by only immersing it in an aqueous solution containing iron ions such as iron sulfate. This implies that the claimed invention involves a means to solve the problem which is contrary to natural laws and it is impossible to solve the stated object, causing the claimed invention to be non-statutory. [Example 2] (Lows or the like other than natural laws, and an invention in which solely such lows are utilized) Title of the invention: Method for calculating the sum of natural numbers n to n+k Claim: A method for calculating the sum of natural numbers n to n+k in accordance with the formula: s = (k+1)(2n+k)/2. Excerpt from the detailed description of the invention: The sum of natural numbers n to n+k, noted as s, is expressed by: s = n+(n+1)+(n+2)+ --- +(n+k). ---(1) The equation remains unchanged if the summing order changes. Thus, the sum is expressed in a different way as follows by reversing the sequence in the right side of the equation: s = (n+k)+(n+k-1)+(n+k-2)+ --- +(n+1)+n. ---(2) The summing of equations (1) and (2) makes 2s = (2n+k)+(2n+k)+(2n+k)+ --- +(2n+k). The right side of the equation consists of (k+1)times (2n+k), and therefore it follows that the sum is simply calculated by s = (k+1)(2n+k)/2. (Explanation to Example 2) A calculating method is a mathematical process for processing given numbers or equations representing certain relations in mathematics or other fields of science in accordance with mathematical algorithm. A mere mathematical processing based on the formula, s = (k+1)(2n+k)/2, is carried out in the claimed invention, and the invention utilizes solely lows or the like other than natural laws. Thus the claimed invention is non-statutory. [Example 3] (Lows or the like other than natural laws, and an invention in which solely such lows are utilized) Title of the invention: Teaching method in science and mathematics courses Claim: A teaching method in science and mathematics courses, characterized in that the time ratio for introduction, development, and summary is to be 3:2:1 in teaching lower grade children. Excerpt from the detailed description of the invention: Conventionally, education to lower grade children has been executed in sequence of introduction, development and summary, and the time was allocated to the three sessions at the ratio of 1:4:1. The present invention is to improve the teaching performance of science and mathematics by changing the ratio into 3:2:1 taking account of the reasoning and memorizing ability of children. (Explanation to Example 3) Since teaching means giving instruction some knowledge, it belongs to a kind of mental activity. This invention, considering the reasoning and memorizing ability of children, employs the time ratio of 3:2:1 for introduction, development and summary in teaching lower grade children in order to improve teaching performance in science and mathematics courses. Thus, it follows that the claimed invention utilizes solely lows or the like other than natural laws and considered non-statutory. [Example 4] (Lows or the like other than natural laws, and an invention in which solely such lows are utilized) Title of the invention: Method for drawing a regular N-polygon inscribed in a given circle Claim: A method for drawing a regular N-polygon inscribed in a circle characterized in that: diameter AB of a given circle is set to be the radius and circles having said radius are drawn with A and B as centers; one of the intersecting points thereof is denoted as C; the intersecting point of the given circle and the linear line connecting the second point from the A on the N equipartition points of the diameter is denoted as D; the circumference of the circle is equipartitioned by a length equal to AD; and equipartitioned points on the circumference is connected successively with linear lines to construct a regular N polygon. Excerpt from the detailed description of the invention: This method makes possible the easy drawing of a regular N polygon in a given circle. (Drawings) (Explanation to Example 4) Generally, the term "drawing" is used with the meaning of depicting a figure which satisfies given conditions in geometry. In order to depict a figure satisfying given conditions, it is prerequisite to assume that several basic constructions (known as postulates) and several axioms are true. A set of the determined postulates and axioms make possible certain constructions, and the change in the postulates and axioms inevitably leads to the change in the constructions. Therefore, pure geometric construction is nothing but an operation based on the assumed postulates and axioms and utilizes any low other than natural laws. The application of above considerations to this example follows that the claimed invention is nothing more than a pure geometric construction and utilizes solely laws or the like other than natural laws, thereby causing the claimed invention to be non-statutory. [Example 5] (Lows or the like other than natural laws, and an invention in which solely such lows are utilized) Title of the invention: Method of playing game Claim: A method of playing a game comprising the steps of: piling up from larger to smaller several pieces having similar shape but different sizes at one of the given three positions; moving the pieces on top one by one to other positions without placing a large piece on a small piece, thereby moving all the pieces to another position in the least number of moves. Excerpt from the detailed description of the invention: The present invention enable players to enjoy an interesting intellectual game regardless the number of players. (Explanation to Example 5) A game is generally performed by following artificial rules unrelated to natural laws, relying on human intellectual ability of reasoning, memorization, skill, luck, inspiration, chance and other mental ability. Rules employed in the claimed invention, such as the moving of pieces and the prohibition rules, are artificial arrangements to perform the game among players, and the invention utilizes solely lows or the like other than natural laws. Thus the claimed invention is considered non-statutory. [Reference] These guidelines should be applicable to all pending applications as well as applications filed on and after July 1, 1995. As an exception of the above, "1.1 Non-statutory Inventions (4)" and "(6)" should be applicable to applications filed on and after April 1, 1997.