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Home> Systems/Procedures> Laws and Policies> Laws and Guidelines> Examination Guidelines> Patent and Utility Models> Revision History of the Examination Guidelines for Patent and Utility Model in Japan> Revision of Examination Guidelines for Patent and Utility Model in Japan in accordance with "commencement of operation of the System for Non-disclosure of Patent Applications" and other updates

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Revision of Examination Guidelines for Patent and Utility Model in Japan in accordance with "commencement of operation of the System for Non-disclosure of Patent Applications" and other updates

1 May 2024
Examination Standards Office,
Administrative Affairs Division,
Japan Patent Office

From May 1, 2024, the part of the Act on the Promotion of Ensuring National Security through Integrated Implementation of Economic Measure (the Economic Security Promotion Act) concerning the System for Non-disclosure of Patent Applications comes into effect and is put into operation*. Accordingly, a revision has been made to the Examination Guidelines for Patent and Utility Model (hereinafter referred to as "the Guidelines").
Note that this revision simply clarifies the provisions of the Economic Security Promotion Act within the Guidelines and does not establish any new policies or procedures beyond what is stipulated in this Act.
Kindly utilize the revised Guidelines for the examinations conducted on or after May 1, 2024.

* For details on the System for Non-disclosure of Patent Application, please see the pages below.

System for Non-disclosure of Patent Applications

English translations for the formal revisions to the Guidelines made in May 2022 and January 2024 have also been included in this update.

Revised Examination Guidelines

Overview of Revision of Examination Guidelines

Part I Chapter 2 Section 5 Decision

  • In section "4. Points to note," a statement has been added to indicate that the examiner shall not render a decision to grant a patent and a decision of refusal for application that may be subject to security designation and applications under security designation.

Part I Relevant Provisions

  • Article 66(7) of the Economic Security Promotion Act has been added to the relevant provisions.

Part Ⅳ Chapter 2 Amendment Adding New Matter (Patent Act Article 17bis (3))

  • Formal revisions have been made to the parts citing the amended articles, etc. (January 2024)

Part V Chapter 1 Priority under the Paris Convention

  • Formal revisions have been made to the parts citing the amended articles, etc. (January 2024)

Part V Chapter 2 Internal Priority

  • In section "2.4. Effects of claim of internal priority," a statement has been added to indicate that, regarding a later application claiming internal priority, if an earlier application on which the internal priority claim is based has been dismissed under the provision of the Economic Security Promotion Act, the relevant priority claim is to cease to be effective.
  • In section "5.2. Withdrawal of the application underlying the claim for internal priority," a statement has been added to indicate that, regarding the withdrawal of an earlier application on which the internal priority is based and on which a security designation has been made, the patent application is deemed withdrawn either one year and four months after the date of filing of the earlier application or upon receipt of notification under the provision of Article 77(2) of the Economic Security Promotion Act regarding the relevant earlier application, whichever is later.

Part V Relevant Provisions

  • Article 82(1) and (2) of the Economic Security Promotion Act have been added to the relevant provisions.
  • Formal revisions have been made to the parts citing the amended articles, etc.（January 2024)

Part Ⅵ Chapter 4 Reference filing (Patent Act Article 38ter)

  • Formal revisions have been made to the parts citing the amended articles, etc.（January 2024)

Part Ⅵ Relevant Provisions

  • Formal revisions have been made to the parts citing the amended articles, etc.（January 2024)

Part Ⅸ Chapter 1 Extension of a Patent Term as Compensation for the Curtailment of the Term (Patent Act Article 67 (2))

  • In section "3.1.2. In the case where the length of the requested extension period is longer than the maximum permissible length of extension period (Article 67ter (1)(ii))," a statement has been added to indicate that, as for the periods listed in each item of Article 67(3) (the length of period of time excluded in calculating the "maximum permissible length of extension period"), a period resulting from security designation has been added by being replaced in Article 82(4) of the Economic Security Promotion Act.

Part Ⅸ Relevant Provisions

  • Article 82(4) of the Economic Security Promotion Act has been added to the relevant provisions.
  • In accordance with the 2022 amendment to the Act on Securing Quality, Efficacy and Safety of Products Including Pharmaceuticals and Medical Devices, formal revisions have been made to the parts citing the amended articles, etc. (May 2022)

[Last updated 1 May 2024]

Contact Us

Examination Standards Office,

Administrative Affairs Division,

Japan Patent Office

E-mail:PA2A10@jpo.go.jp

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