Revision of Examination Guidelines related to Exceptions to Loss of Novelty

June 6, 2018
Examination Standards Office

Cabinet Decision on the Bill for the Act of Partial Revision of the Unfair Competition Prevention Act, etc. on February 27, 2018 was approved and established on May 23, 2018. The Act is to be announced as Act No. 33 and the provision of the revised Patent Act Article 30 is to be come into force on June 9, 2018.

Due to this revision, Examination Guidelines for Patent and Utility Model (hereinafter, “Examination Guidelines”) is revised.

The revised Examination Guidelines is applied to the inventions being published on or after December 9, 2017 and filed on or after June 9, 2018.

Revised Examination Guidelines

Examination Guidelines related to Exceptions to Loss of Novelty of Invention
Part III Chapter 2 Exceptions to Loss of Novelty of Invention (the Patent Act Article 30) (PDF:197KB)

Outline of Revision of Examination Guidelines

Outline of Revision of Examination Guidelines related to Exceptions to Loss of Novelty

• Due to revision of the Patent Act Article 30, the time period that is subject to the application of the provision of Exceptions to Loss of Novelty of Invention is expanded to one year from six months.
• This revision is to extend the time period that is subject to the application of the provision of Exceptions to Loss of Novelty of Invention from 6 months to one year, and not to cause any other change.
• The Patent Act shall apply mutatis mutandis to the Utility Model Act, and the time period that is subject to the application of Exceptions to Loss of Novelty of Utility Model is expanded to one year from 6 months.

[Last updated 6 June 2018]

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