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Патентный поверенный Кондратюк Игорь Викторович

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Розділи

Patent Law



		(Provisional Translation)



		Patent Law*



		(Law No. 121 of April 13, 1959, as amended by Law No. 220 of December 22, 1999)



		TABLE OF CONTENTS



		Articles



		Chapter I: General Provisions



		Purpose 1



		Definitions 2



		Computation of Time Limits 3



		Extension of Time Limits 4-5



		Capacity of Associations, etc. which are not Legal Entities to Proceed before the Office 6



		Capacity of Minors or Majors under Guardianship, etc. to Proceed before the Office 7



		Patent Administrator for Residents Abroad 8



		Scope of Powers of Attorney 9



		Proof of Powers of Attorney [Deleted] 10



		Non-Extinguishment of Powers of Attorney 11



		Independent Representation 12



		Replacement of Representatives, etc. 13



		Mutual Representation of Parties 14



		Venue of Court for Residents Abroad 15



		Ratification of Acts of Persons Lacking Capacity 16



		Amendment of Proceedings 17



		Amendment of Specification or Drawings Attached to Request 17bis



		Amendment of Abstract 17ter



		Amendment of Corrected Specification or Drawings 17quater



		Dismissal of Procedure 18



		Dismissal of an Irregular Procedure 18bis



		Time of Submission of Request, etc. 19



		Succession to Effects of Procedure 20



		Continuation of Procedure 21



		Interruption or Suspension of Procedure 22-24



		Enjoyment of Rights by Aliens 25



		Effect of Treaties 26



		Registration in Patent Register 27



		Issuance of Certificate of Patent 28



		Chapter II: Patents and Applications for Patents



		Patentability of Inventions 29-29bis



		Exceptions to Lack of Novelty of Invention 30



		[Deleted] 31



		Unpatentable Inventions 32



		Right to Obtain Patent 33-34



		Employees’ Inventions 35



		Applications for Patent 36-37



		Joint Applications 38



		First-to-File Rule 39



		[Deleted] 40



		Priority Claim Based on Patent Application, etc. 41



		Withdrawal, etc. of Earlier Application 42



		Priority Claim under the Paris Convention 43



		Priority Claim Declared as Governed by the Paris Convention 43bis



		Division of Patent Applications 44



		[Deleted] 45



		Conversion of Applications 46



		Chapter III: The Examination



		Examination by Examiner 47



		Exclusion of Examiners 48



		Examination of Patent Applications 48bis



		Requests for Examination 48ter-48quinquies



		Preferential Examination 48sexies



		Examiner’s Decision of Refusal 49



		Notification of Reasons for Refusal 50



		Examiner’s Decision that a Patent is to be Granted 51



		Formal Requirements of Decision 52



		Declining of Amendments 53



		Relationship with Litigation 54



		[Deleted] 55-63



		Chapter IIIbis: Laying Open of Applications



		Laying Open of Applications 64



		Request for Laying Open of Applications 64bis-64ter



		Effects of Laying Open of Applications 65



		Chapter IV: The Patent Right



		1. The Patent Right



		Registration of Establishment of Patent Right 66



		Term of Patent Right 67



		Registration of Extension of Term of Patent Right 67bis-67quater



		Effects of Patent Right 68



		Effects of the Term Extended Patent Right 68bis



		Limits of Patent Right 69



		Technical Scope of Patented inventions 70-71bis



		Relationship with Another’s Patented Invention, etc. 72



		Joint Patent Rights 73



		[Deleted] 74



		[Deleted] 75



		Extinguishment of Patent Right in Absence of Heir 76



		Exclusive Licenses 77



		Non-Exclusive Licenses 78



		Non-Exclusive License by Virtue of Prior Use 79



		Non-Exclusive License due to Working Prior to Registration of Demand for Invalidation Trial 80



		Non-Exclusive License after Expiration of Design Right 81-82



		Arbitration Decision on Grant of Non-exclusive License in Case of Non-Working 83



		Submission of Written Reply 84



		Hearing of Industrial Property Council, etc. 85



		Formal Requirements of Arbitration 86



		Transmittal of Copy of Arbitration Decision 87



		Deposit of Consideration 88



		Lapse of Arbitration Decision 89



		Cancellation of Arbitration Decision 90-91



		Restriction on Objections to Arbitration Decision 91bis



		Arbitration Decision on Grant of Non-Exclusive License on one’s own Patented Invention 92



		Arbitration Decision on Grant of Non-Exclusive License in Public Interest 93



		Transfer, etc. of Non-Exclusive License 94



		Pledges 95-96



		Surrender of Patent Right, etc. 97



		Effects of Registration 98-99



		2. Infringement



		Injunction 100



		Acts Deemed to be Infringement 101



		Presumption, etc. of Amount of Damage 102



		Presumption of Negligence 103



		Presumption of Manufacture by Patented Process 104



		Obligation to Clarify Relevant Act in Concrete Manner 104bis



		Production of Documents, etc. 105



		Expert Opinion for Proof of Damage 105bis



		Award of Reasonable of Damages 105ter



		Measures for Recovery of Reputation 106



		3. Annual Fees



		Annual Fees 107



		Time Limit for Payment of Annual Fees 108



		Reduction or Deferment of Payment of Annual Fees or Exemption Therefrom 109



		Payment of Annual Fees by an Interested Person 110



		Refund of Annual Fees 111



		Late Payment of Annual Fees 112



		Restoration of Patent Right by Late Payment of Annual Fees 112bis



		Restriction on Effects of Patent Right Restored 112ter



		Chapter V: Opposition to the Patent



		Opposition to the Patent 113



		Ruling 114



		Formal Requirements of a Written opposition, etc. 115



		Designation of Trial Examiners, etc. 116



		Trial Clerk 116bis



		Conduct of Trial Examination, etc. 117



		Intervention 118



		Taking of Evidence and Preservation Thereof 119



		Trial Examination Ex Officio 120



		Combination or Separation of Trial Examination 120bis



		Withdrawal of Oppositions 120ter



		Submission of Arguments, etc. 120quater



		Formal Requirements of Ruling 120quinquies



		Application mutatis mutandis of Provisions on Trial 120sexies



		Chapter VI: Trial



		Trial Against Examiner’s Decision of Refusal 121



		[Deleted] 122



		Trial for Invalidation of Patent 123-125



		[Article 124 Deleted]



		Trial for Invalidation of Registration of Extension of Term 125bis



		Trial for Correction 126-128



		[Deleted] 129



		[Deleted] 130



		Formal Requirements of Demands for Trial 131



		Joint Trial 132



		Dismissal by Ruling in the Case of Non-Compliance with Formal Requirements 133



		Dismissal of Irregular Procedure 133bis



		Submission of Written Reply, etc. 134



		Dismissal of Irregular demand by Trial Decision 135



		Collegial System in Trial 136



		Designation of Trial Examiners 137



		Trial Examiner-in-Chief 138



		Exclusion of Trial Examiners 139-140



		Challenge of Trial Examiner 141



		Formal Requirements of Motion of Exclusion or Challenge 142



		Ruling on Motion of Exclusion or Challenge 143-144



		Trial Clerk 144bis



		Conduct of Trial Examination 145-146



		Records 147



		Intervention 148-149



		Taking of Evidence and Preservation Thereof 150-151



		Trial Examination Ex Officio 152-153



		Combination or Separation of Trials 154



		Withdrawal of Demand for Trial 155



		Notification of Conclusion of Trial Examination 156



		Trial Decision 157



		Special Provisions for Trials Against Examiner’s Decision of Refusal 158-164



		Special Provisions for Trials for Correction 165-166



		Effects of Trial Decision 167



		Relationship with Litigation 168



		Costs of Trial 169



		Executory Force of Ruling on Amount of Costs 170



		Chapter VII: Retrial



		Demand for Retrial 171-172



		Time Limit for Demand for Retrial 173



		Application mutatis mutandis of Provisions on Trial, etc. 174



		Restriction on Effects of Patent Right Restored by Retrial 175-176



		[Deleted] 177



		Chapter VIII: Litigation



		Actions Against Trial Decisions, etc. 178



		Defendant in the Action 179



		Notification of Institution of Action 180



		Annulment of the Trial Decision or Ruling 181



		Sending of Certified Copy of the Judgment 182



		Action on Amount of Remuneration 183



		Defendant in the Action 184



		Relationship between Administrative Appeal and Litigation 184bis



		Chapter IX: Special Provisions Concerning International Applications under the Patent Cooperation Treaty



		Patent Application based on International Application 184ter



		Translation of International Patent Application in Foreign Language 184quater



		Submission of Papers and Invitation to correction 184quinquies



		Effect, etc. of Request, Description, etc., of International Application 184sexies



		Amendment under Article 19 of the Treaty of the Japanese Language Patent Application 184septies



		Amendment under Article 34 of the Treaty 184octies



		National Publication of Translation, etc. 184novies



		Effects, etc. of International Publication and National Publication 184decies



		Special Provisions Concerning Patent Administrator for Residents Abroad 184undecies



		Special Provisions Concerning Amendment 184duodecies



		Special Provisions Concerning Patentability 184terdecies-184quaterdecies



		Special Provisions Concerning Priority Claim Based on Patent Applications, etc. 184quindecies



		Special Provisions Concerning Conversion of Applications 184sedecies



		Time Limit for Making Request for Examination 184septiesdecies



		Special Provisions for Reasons for Refusal, etc. 184duodevicies



		Special Provisions Concerning Correction 184undevicies



		International Application Recognized as Patent Application by Decision 184vicies



		Chapter X: Miscellaneous Provisions



		Special Provisions for Patent or Patent Right Covering Two or More Claims 185



		Request for Certification, etc. 186



		Indication of Existence of Patent 187



		Prohibition of False Marking 188



		Transmittal of Documents 189-192



		Patent Gazette 193



		Production of Documents, etc. 194



		Fees 195



		Reduction of Fee for Request for Examination, or Exemption Therefrom 195bis



		Exemption of Application of Administrative Procedure Law 195ter



		Restriction on Appeals under Administrative Appeal Law 195quater



		Chapter XI: Penal Provisions



		Offense of Infringement 196



		Offense of Fraud 197



		Offense of False Marking 198



		Offense of Perjury, etc. 199



		Offense of Divulging Secrets 200



		Dual Liability 201



		Administrative Penalties 202-204



		Attached Table (Related to Section 195)



		CHAPTER I GENERAL PROVISIONS



		Purpose



		1. The purpose of this Law shall be to encourage inventions by promoting their protection and utilization so as to contribute to the development of industry.



		Definitions



		2.—(1) “Invention” in this Law means the highly advanced creation of technical ideas by which a law of nature is utilized.



		(2) “Patented invention” in this Law means an invention for which a patent has been granted.



		(3) “Working” of an invention in this Law means the following acts:



		(i) in the case of an invention of a product, acts of manufacturing, using, assigning, leasing, importing or offering for assignment or lease (including displaying for the purpose of assignment or lease—hereinafter the same) of, the product;



		(ii) in the case of an invention of a process, acts of using the process;



		(iii) in the case of an invention of a process of manufacturing a product, acts of using, assigning, leasing, importing or offering for assignment or lease of, the product manufactured by the process, in addition to the acts mentioned in the preceding paragraph.



		Computation of Time Limits



		3.—(1) Time limits fixed in this Law or an order or ordinance under this Law shall be computed according to the following provisions:



		(i) the first day of the period shall not be included. However, this provision shall not apply when the period begins from 00.00 a.m.;



		(ii) when the period is expressed in months or years, it shall be counted according to the calendar. When the period is not computed from the beginning of a month or year, it shall expire on the day preceding the day of the last month or year corresponding to the day on which the computation begins. However, where there is no corresponding day in the last month, it shall expire on the last day of that month.



		(2) Where the last day of a period prescribed for the filing of a patent application or demand or for any other procedure relating to a patent (hereinafter referred to as “procedure”) falls on a Sunday, a holiday referred to in each of the paragraphs of Section 1(1) of the Law concerning holidays of administrative organizations (Law No. 91 of 1988), the last day of the period shall be the day following such holiday or holidays.



		Extension of Time Limits



		4. The Commissioner of the Patent Office may, for the benefit of a person residing in a place that is remote or difficult of access, extend upon request or ex officio the period prescribed in Section 108(1), 121(1) or 173(1).



		5.—(1) The Commissioner of the Patent Office, the trial examiner-in-chief or the examiner may, where he has designated a time limit for a procedure to be initiated under this Law, extend the time limit upon request or ex officio.



		(2) The trial examiner-in-chief may, where he has designated a date under this Law, change the date upon request or ex officio.



		Capacity of Associations, etc. which are not Legal Entities to Proceed Before the Office



		6. Capacity of associations, etc. which are not legal entities to proceed before the Office



		(1) An association or foundation which is not a legal entity but for which an officer representing it or an administrator has been designated may, in its name:



		(i) make a request for examination;



		(ii) file an opposition to the patent;



		(iii) demand a trial under Section 123(1) or 125bis(1);



		(iv) demand a retrial against a final and conclusive trial decision under Section 123(1) or 125bis(1), in accordance with Section 171(1).



		(2) An association or foundation which is not a legal entity but for which an officer representing it or an administrator has been designated may be made a party in its name to a retrial against a final and conclusive trial decision under Section 123(1) or 125bis(1).



		Capacity of Minors or Majors under Guardianship, etc. to Proceed before the Office



		7.—(1) Minors and majors placed under guardianship may proceed before the Office only through their legal representatives. However, this provision shall not apply where a minor can perform a legal act independently.



		(2) Where a person under curatorship proceeds before the Office, he shall obtain the consent of his curator.



		(3) Where a legal representative proceeds before the Office and there is a supervisor of the guardian, the former shall obtain the consent of the latter.



		(4) Where a person placed under curatorship or a legal representative takes part in a procedure with regard to an opposition to the patent, a trial or retrial demanded by an adverse party, the two preceding subsections shall not apply.



		Patent Administrator for Residents Abroad



		8.—(1) A person who has neither his domicile nor residence (nor, in the case of a legal entity, its establishment) in Japan (hereinafter referred to as a “resident abroad”) may not, except where prescribed by Cabinet Order, proceed before the Office or institute a suit against any measure taken by an administrative agency in accordance with this Law or an order or ordinance thereunder, except through his representative with respect to his patent who has his domicile or residence in Japan (hereinafter referred to as “patent administrator”).



		(2) The patent administrator shall represent the principal in all procedures and in a suit instituted against measures taken by an administrative agency in accordance with this Law or an order or ordinance thereunder. However, this provision shall not apply where a resident abroad restricts the scope of power of attorney of his patent administrator.



		Scope of Powers of Attorney



		9. A representative of a person who is domiciled or a resident (or, in the case of legal entity, established) in Japan and who is proceeding before the Office shall not, unless expressly so empowered, convert, abandon or withdraw a patent application, withdraw an application for registration of an extension of the term of a patent right, withdraw a demand, request or motion, make or withdraw a priority claim under Section 41(1), make a request for laying open of an application, demand a trial under Section 121(1), surrender a patent right or appoint a sub-representative.



		Proof of Powers of Attorney



		10. [Deleted]



		Non-Extinguishment of Powers of Attorney



		11. The power of attorney of a representative of a person proceeding before the Office shall not become extinguished on the principal’s death or on merger in the case of a legal entity, or on the termination of the duty of trust, where a trustee is the principal, or on the death of a legal representative or on the modification or extinguishment of his power of attorney.



		Independent Representation



		12. Where a person proceeding before the Office has two or more representatives, each of them shall represent the principal.



		Replacement of Representatives, etc.



		13.—(1) The Commissioner of the Patent Office or the trial examiner-in-chief may, if he considers a person proceeding before the Office to be incompetent, order a representative to act.



		(2) The Commissioner of the Patent Office or the trial examiner-in-chief may, if he considers the representative of a person proceeding before the Office to be incompetent, order him to be replaced.



		(3) In the case of the preceding two subsections, the Commissioner of the Patent Office or the trial examiner-in-chief may order that a patent attorney be the representative.



		(4) The Commissioner of the Patent Office or the trial examiner-in-chief may dismiss any action taken before the Office by a person or representative referred to respectively in Subsection (1) or (2) after the issuance of an order under Subsection (1) or (2).



		Mutual Representation of Parties



		14. Where two or more persons are jointly proceeding before the Office, each of them shall represent the other or others with respect to a procedure other than the conversion, surrender and withdrawal of a patent application, the withdrawal of an application for registration of an extension of the term of a patent right, the withdrawal of a demand, request, or motion, the making and withdrawal of a priority claim under Section 41(1), the making of a request for laying open of an application, and the demand for a trial under Section 121(1). However, this provision shall not apply where they have appointed a representative for both or all of them and have notified the Office accordingly.



		Venue of Court for Residents Abroad



		15. With respect to a patent right or other right relating to a patent of a resident abroad, the domicile or residence of his patent administrator or, where there is no such administrator, the location of the Patent Office shall be the place of the property under Section 5(iv) of the Code of Civil Procedure (Law No. 109 of 1996).



		Ratification of Acts of Persons Lacking Capacity



		16.—(1) The acts of a minor (other than one who has independent capacity to perform legal acts) or of a major placed under guardianship may be ratified by his legal representative (or by the principal when he has gained capacity to proceed before the Office).



		(2) The acts of a person who has no power of attorney may be ratified by the principal when he has capacity to proceed before the Office or by his legal representative.



		(3) The acts of a person placed under curatorship taken without his curator’s consent may be ratified by such person with his curator’s consent.



		(4) The acts of a legal representative taken without consent of supervisor of the guardian, where there is such a supervisor, may be ratified by the legal representative when he has obtained the supervisor’s consent or by the principal when he has gained capacity to proceed before the Office.



		Amendment of Proceedings



		17.—(1) A person who is proceeding before the Office may make amendments only during the pendency of the case before the Office. However, subject to the subsequent Section to 17bis, he may not amend the specification, the drawings or the abstract attached to the request as well as the corrected specification or drawings attached to the written demand under Section 126(1), Section 134(2) or 120bis(2).



		(2) Notwithstanding the principal sentence of Subsection (1), an applicant of a foreign language file application referred to in Section 36bis(2) may not amend the foreign language file and foreign language abstract referred to in Section 36bis(1).



		(3) The Commissioner of the Patent Office may invite amendment, designating an adequate time limit, in the following cases:



		(i) when the requirements of Section 7(1) to (3) or 9 have not been complied with;



		(ii) when the formal requirements specified in this Law or in an order or ordinance thereunder have not been complied with;



		(iii) when the fees due to be paid under Section 195(1) to (3) have not been paid with respect to a procedure.



		(4) Subject to Section 17bis(2), any amendment under the principal sentence of Subsection (1) of this Section (except in the case of the payment of fees) shall be submitted in writing.



		Amendment of Specification or Drawings Attached to Request



		17bis.—(1) An applicant for a patent may, before the transmittal of the copy of an examiner’s decision that a patent is to be granted, amend the specification or drawings attached to the request. However, after the receipt of the notification under Section 50, the amendment may be made only in the following cases:



		(i) where the applicant has received a first notification (referred to in this Section as “the notification of reasons for refusal”) under Section 50 [including its application under Section 159(2) (including its application under Section 174(2) and under Section 163(2)) (hereinafter referred to in this paragraph as “Section 50”)] and amendment is made within the time limit designated in accordance with Section 50;



		(ii) where the applicant has received a notification of refusal and amendment is made within the time limit designated in accordance with Section 50 with respect to the final notification of reasons for refusal;



		(iii) where the applicant demands a trial under Section 121(1) and amendment is made within 30 days of such demand.



		(2) Where the applicant of a foreign language file application under Section 36bis(2) amends the specification or drawings under Subsection (1) for the object of the correction of an incorrect translation, he shall submit a written correction of an incorrect translation stating the grounds thereof.



		(3) An amendment of the specification or drawings under Subsection (1) shall, except in the case of submission of the written correction of an incorrect translation, remains within the scope of the features disclosed in the specification or drawings originally attached to the request [in the case of a foreign language file application under Section 36bis(2), the translation of the foreign language file referred to in said Subsection (2) is considered to be a specification and drawings by virtue of the provisions of said Section (4) (in the case where the applicant amended the specification or drawings by submitting of the written correction of an incorrect translation, said translation, the specification or drawings as amended)].



		(4) Subject to the provisions of the preceding subsection, in the case of Subsection (1)(ii) and (iii) of this Section, the amendment of the claim or claims shall be limited to the following:



		(i) the cancellation of the claim or claims referred to in Section 36(5);



		(ii) the restriction of the claim or claims (only the restriction of all or some of the matters necessary to define the invention claimed in the claim or claims under Section 36(5) and the industrial applicability and the problem to be solved of the invention claimed in the amended claim or claims are the same as those of the invention claimed in the claim or claims prior to the amendment);



		(iii) the correction of errors in the description;



		(iv) the clarification of an ambiguous description (only the amendment with respect to the matters mentioned in the reasons for the refusal concerned in the notification of the reasons for the refusal).



		(5) Section 126(4) shall apply mutatis mutandis to the case of the preceding subsection.



		Amendment of Abstract



		17ter. An applicant for a patent may amend the abstract within one year and three months from the filing date of his patent application (excluding the period after a request made for laying open of an application) [or—in the case of a patent application containing a priority claim under Section 41(1)—the filing date of the earlier application referred to in Section 41(1),—in the case of a patent application containing a priority claim under Section 43(1) or 43bis(1) or (2)—the filing date of the first application or the application considered to be the first application in accordance with Article 4C(4) of the Paris Convention (meaning the Paris Convention for the Protection of Industrial Property of March 20, 1883, as revised at Brussels on December 14, 1900, at Washington on June 2, 1911, at Hague on November 6, 1925, at London on June 2, 1934, at Lisbon on October 31, 1958, and at Stockholm on July 14, 1967—hereinafter the same) or of an application recognized as the first application in accordance with 4A(2) of the Paris Convention; and in the case of a patent application containing two or more priority claims under 41(1), 43(1) or 43bis(1) or (2), from the earliest date amongst the filing dates of the applications whose priorities are so claimed—the same meaning as Section 64(1)].



		Amendment of Corrected Specification or Drawings



		17quater.—(1) A patentee may amend the corrected specification or drawings attached to the written demand for a correction under Section 120bis(2), only within the time limit designated under Section 165 as applied under Section 120bis(1) or (3).



		(2) The defendant of a trial under Section 123(1) may amend the specification or drawings attached to the written demand for a correction under Section 134(2), only within the time limit designated under Section 134(1), under Section 165 as applied under Section 134(5) or under Section 153(2).



		(3) The demandant of a trial under Section 126(1) may amend the specification or drawings attached to the written demand for a trial under Section 126(1), only before he is notified under Section 156(1) (in the case where the trial has been reopened under Section 156(2), before he is notified again under Section 156(1)).



		Dismissal of Procedure



		18.—(1) The Commissioner of the Patent Office may dismiss a procedure when a person whom he has invited to make amendment in accordance with Section 17(3) fails to do so within the time limit designated in accordance with that subsection or when a person who is to obtain registration of the establishment of a patent right fails to pay the annual fees within the time limit fixed in Section 108(1).



		(2) The Commissioner of the Patent Office may dismiss an application for a patent where he has invited the applicant, in accordance with Section 17(3), to pay the fee under Section 195(3) and the applicant fails to do so within the time limit designated in accordance with Section 17(3).



		Dismissal of an Irregular Procedure



		18bis.—(1) The Commissioner of the Patent Office shall dismiss an irregular procedure which cannot be amended.



		(2) Where the Commissioner of the Patent Office intends to dismiss a procedure under the preceding subsection, he shall notify the person who is proceeding of the reasons for dismissal designating an adequate time limit and give him an opportunity to submit a statement describing an explanation (hereinafter referred to as “explanatory statement”).



		Time of Submission of Request, etc.



		19. Where a request, document or any other matter to be submitted to the Patent Office in accordance with this Law, or an order or ordinance thereunder, within a specified time limit is sent by mail, the request, document or matter shall be deemed to have reached the Office at the date and time when it was handed in to a post office, if such date and time are proved by the receipt of the mail, or at the date and time on the postmark if they are clearly indicated, or at 12.00 p.m. on the date indicated on the postmark if only the date is clear.



		Succession to Effects of Procedure



		20. The effects of a procedure regarding a patent right or other right relating to a patent shall extend to a successor in title.



		Continuation of Procedure



		21. Where a patent right or other right relating to a patent is transferred while the case is pending in the Patent Office, the Commissioner of the Patent Office or the trial examiner-in-chief may continue the procedure concerned on behalf of the successor in title.



		Interruption or Suspension of Procedure



		22.—(1) The Commissioner of the Patent Office or the trial examiner shall, in regard to a motion for the resumption of a procedure interrupted after the transmittal of a ruling, an examiner’s decision or a trial decision, render a ruling as to whether the procedure may be resumed.



		(2) Such a ruling shall be in writing and state the reasons therefor.



		23.—(1) Where a person who is to resume the procedure for an examination or a trial examination of the opposition to the patent and ruling thereon, a trial or retrial which has been interrupted fails to do so, the Commissioner of the Patent Office or the trial examiner shall, upon a motion or ex officio, order such person to resume the procedure and designate an adequate time limit for this purpose.



		(2) Where the procedure is not resumed within the time limit designated in accordance with the preceding subsection, the resumption may be deemed by the Commissioner of the Patent Office or the trial examiner to have commenced on the date when the time limit expired.



		(3) When the resumption is deemed to have taken place, in accordance with the preceding subsection, the Commissioner of the Patent Office or the trial examiner-in-chief shall notify the parties accordingly.



		24. Sections 124 (excluding Subsection (1)(iv)), 125 to 127, 128(1), 130, 131 and 132(2) (interruption or suspension of litigation) of the Code of Civil Procedure shall apply mutatis mutandisto a procedure with respect to an examination, a trial examination of an opposition to the patent and ruling thereon, a trial or retrial. In such a case, a “process attorney” in Section 124(2), “court” in Section 127, “court” in Section 128(1) and 131, and “court” in Section 130 of the said Code shall read, respectively, “representative entrusted with the examination, trial examination of an opposition to the patent and ruling thereon, a trial or retrial,” “Commissioner of the Patent Office or the trial examination-in-chief,” “Commissioner of the Patent Office or the trial examiner,” and “Patent Office.”



		Enjoyment of Rights by Aliens



		25. An alien who is neither domiciled nor a resident (nor established, in the case of a legal entity) in Japan shall not enjoy a patent right or other right relating to a patent, except in any one of the following cases:



		(i) where his country allows Japanese nationals to enjoy patent rights or other rights relating to a patent under the same conditions as its own nationals;



		(ii) where his country allows Japanese nationals to enjoy patent rights or other rights relating to a patent under the same conditions as its own nationals provided that Japan allows his country’s nationals to enjoy such rights;



		(iii) where there are specific provisions in a treaty.



		Effect of Treaties



		26. Where there are specific provisions relating to patents in a treaty, such provisions shall prevail.



		Registration in Patent Register



		27.—(1) The following matters shall be registered in the Patent Register kept in the Patent Office:



		(i) the establishment, extension of the term, transfer, extinguishment, restoration or restriction on disposal, of a patent right;



		(ii) the establishment, maintenance, transfer, modification, extinguishment or restriction on disposal, of an exclusive or non-exclusive license;



		(iii) the establishment, transfer, modification, extinguishment or restriction on disposal, of rights in a pledge upon a patent right or an exclusive or non-exclusive license.



		(2) The Patent Register, either in whole or in part, may be prepared by means of magnetic tapes (including other materials on which matters can be accurately recorded by an equivalent method—hereinafter referred to as “magnetic tapes”).



		(3) Other matters relating to registration that are not provided for in this Law shall be prescribed by Cabinet Order.



		Issuance of Certificate of Patent



		28.—(1) When the establishment of a patent right has been registered or when a ruling or trial decision to the effect that the specification or drawings attached to the request are to be corrected has become final and conclusive and such decision has been registered, the Commissioner of the Patent Office shall issue the certificate of patent to the patentee.



		(2) Re-issuance of the certificate of patent shall be prescribed by an ordinance of the Ministry of Economy, Trade and Industry.



		CHAPTER II PATENTS AND APPLICATIONS FOR PATENTS



		Patentability of Inventions



		29.—(1) Any person who has made an invention which is industrially applicable may obtain a patent therefor, except in the case of the following inventions:



		(i) inventions which were publicly known in Japan or elsewhere prior to the filing of the patent application;



		(ii) inventions which were publicly worked in Japan or elsewhere prior to the filing of the patent application;



		(iii) inventions which were described in a distributed publication or made available to the public through electric telecommunication lines in Japan or elsewhere prior to the filing of the patent application.



		(2) Where an invention could easily have been made, prior to the filing of the patent application, by a person with ordinary skill in the art to which the invention pertains, on the basis of an invention or inventions referred to in any of the paragraphs of Subsection (1), a patent shall not be granted for such an invention notwithstanding Subsection (1).



		29bis. Where an invention claimed in a patent application is identical with an invention or device (excluding an invention or device made by the same person as the inventor of the invention claimed in the patent application) disclosed in the specification or drawings originally attached to the request of another application for a patent (in the case of a foreign language file application referred to in Section 36bis(2) of this Law, the foreign language file referred to in Section 36bis(1) of the said Law) or of an application for a utility model registration which was filed prior to the filing date of the patent application and for which the Patent Gazette which states the matter referred to in each paragraph of Section 66(3) of the said Law (hereinafter referred to as “the Gazette containing the Patent”) was published under the said subsection or the laying open for public inspection (Kôkai) was effected or the Utility Model Gazette which states the matter referred to in each paragraph of Section 14(3) of Utility Model Law (No. 123 of 1959) (hereinafter referred to as “the Gazette containing the Utility Model”) was published under the said subsection after the filing of the patent application, a patent shall not be granted for the invention notwithstanding Section 29(1). However, this provision shall not apply where, at the time of filing of the patent application, the applicant of the patent application and the applicant of the other application for a patent or the application for a utility model registration are the same person.



		Exceptions to Lack of Novelty of Invention



		30.—(1) In the case of an invention which has fallen under any of the paragraphs of Section 29(1) by reason of the fact that the person having the right to obtain a patent has conducted an experiment, has made a presentation in a printed publication, has made a presentation through electric telecommunication lines, or has made a presentation in writing at a study meeting held by a scientific body designated by the Commissioner of the Patent Office, such invention shall be deemed not have fallen under any of the paragraphs of Section 29(1) for the purposes of Section 29(1) and (2) to the invention claimed in the patent application which has been filed by such person within six months from the date on which the invention first fell under those paragraphs.



		(2) In the case of an invention which has fallen under any of the paragraphs of Section 29(1) against the will of the person having the right to obtain a patent, the preceding subsection shall also apply for the purposes of Section 29(1) and (2) to the invention claimed in the patent application which has been filed by such person within six months from the date on which the invention first fell under any of those paragraphs.



		(3) In the case of an invention which has fallen under any of the paragraphs of Section 29(1) by reason of the fact that the person having the right to obtain a patent has exhibited the invention at an exhibition held by the Government or by any local public entity (hereinafter referred to as the “Government, etc.”) or at one which is not held by the Government, etc. but is designated by the Commissioner of the Patent Office, or at an international exhibition held in the territory of a country party to the Paris Convention or of a Member of the World Trade Organization by its government, etc. or by a person authorized thereby, or at an international exhibition held in the territory of a country not party to the Paris Convention nor a member of the World Trade Organization by its government, etc. or by a person authorized thereby where such exhibition has been designated by the Commissioner of the Patent Office, Subsection (1) shall also apply for the purposes of Section 29(1) and (2) to the invention claimed in the patent application which has been filed by such person within six months form the date on which the invention first fell under those paragraphs.



		(4) Any person who desires the application of Subsection (1) or the preceding subsection shall submit a written statement to that effect to the Commissioner of the Patent Office simultaneously with the patent application and within 30 days of the filing of the patent application, he shall also submit to the Commissioner of the Patent Office a document proving that the invention that has fallen under any of the paragraphs of Section 29(1) is the invention for which the provision of Subsection (1) or the preceding subsection may be applicable.



		31. [Deleted]



		Unpatentable Inventions



		32. The inventions liable to contravene public order, morality or public health shall not be patented, notwithstanding Section 29.



		Right to Obtain Patent



		33.—(1) The right to obtain a patent may be transferred.



		(2) The right to obtain a patent may not be the subject of a pledge.



		(3) A joint owner of the right to obtain a patent may not assign his share without the consent of all the other joint owners.



		34.—(1) The succession to the right to obtain a patent before the filing of the patent application shall not be effective against third persons unless the successor in title files the patent application.



		(2) Where two or more applications for a patent are filed on the same date, on the basis of the same right to obtain a patent that has been derived by succession from the same person, the succession by any person other than the one agreed upon by the patent applicants shall not be effective against third persons.



		(3) The preceding subsection shall also apply where a patent application and a utility model application are filed on the same date, on the basis of a right to obtain a patent and utility model registration for the same invention and device which has been derived by succession from the same person.



		(4) The succession to the right to obtain a patent after the filing of the patent application shall not take effect unless the Commissioner of the Patent Office is notified accordingly, except in the case of inheritance or other general succession.



		(5) Upon inheritance or other general succession with respect to a right to obtain a patent, the successor in title shall notify the Commissioner of the Patent Office accordingly without delay.



		(6) Where two or more notifications are made on the same date, on the basis of the same right to obtain a patent that has been derived by succession from the same person, a notification made by any person other than the one agreed upon after mutual consultation among the persons making the notifications shall not take effect.



		(7) Section 39(7) and (8) shall apply mutatis mutandis to the cases under Subsections (2), (3) and (6).



		Employees’ Inventions



		35.—(1) An employer, a legal entity or a state or local public entity (hereinafter referred to as the “employer, etc.”) shall have a non-exclusive license on the patent right concerned, where an employee, an executive officer of a legal entity or a national or local public official (hereinafter referred to as the “employee, etc.”) has obtained a patent for an invention which by reason of its nature falls within the scope of the business of the employer, etc. and an act or acts resulting in the invention were part of the present or past duties of the employee, etc. performed on behalf of the employer, etc. (hereinafter referred to as an “employee’s invention”) or where a successor in title to the right to obtain a patent for an employee’s invention has obtained a patent therefor.



		(2) In the case of an employee’s invention made by an employee, etc. which is not an employee’s invention, any contractual provision, service regulation or other stipulation providing in advance that the right to obtain a patent or the patent right shall pass to the employer, etc. or that he shall have an exclusive license on such invention shall be null and void.



		(3) The employee, etc. shall have the right to a reasonable remuneration when he has enabled the right to obtain a patent or the patent right with respect to an employee’s invention to pass to the employer, etc. or has given the employer, etc. an exclusive right to such invention in accordance with the contract, service regulations or other stipulations.



		(4) The amount of such remuneration shall be decided by reference to the profits that the employer, etc. will make from the invention and to the amount of contribution the employer, etc. made to the making of the invention.



		Applications for Patent



		36.—(1) Any person desiring a patent shall submit a request to the Commissioner of the Patent Office stating the following:



		(i) the name and the domicile or residence of the applicant for the patent;



		(ii) the name and the domicile or residence of the inventor.



		(2) The request shall be accompanied by the specification, any drawings necessary and the abstract.



		(3) The specification under Subsection (2) shall state the following:



		(i) the title of the invention;



		(ii) a brief explanation of the drawings;



		(iii) a detailed explanation of the invention;



		(iv) patent claim(s).



		(4) The detailed explanation of the invention under the preceding Subsection (iii) shall state the invention, as provided for in an ordinance of the Ministry of Economy, Trade and Industry, in a manner sufficiently clear and complete for the invention to be carried out by a person having ordinary skill in the art to which the invention pertains.



		(5) In the patent claim under Subsection (3)(iv), there shall be set forth, by statements separated on a claim by a claim basis, all matters which an applicant for a patent considers necessary in defining an invention for which a patent is sought. In such a case, it shall not preclude the statements of the patent claim(s) to be such that an invention claimed in one claim is the same as an invention claimed in another claim.



		(6) The statement of the patent claim(s) under Subsection (3)(iv) shall comply with each of the following paragraphs:



		(i) statements setting forth the invention(s) for which patent is sought and which is described in the detailed explanation of the invention;



		(ii) statements setting forth the invention(s) for which a patent is sought and which is clear;



		(iii) statements setting forth the claim(s) which is concise;



		(iv) statements which are as provided for in an ordinance of the Ministry of Economy, Trade and Industry.



		(7) The abstract under Subsection (2) shall state the summary of the invention disclosed in the specification or drawings and other matters provided for in an ordinance of the Ministry of Economy, Trade and Industry.



		36bis.—(1) Any person desiring a patent may, in lieu of the specification, drawings necessary and abstract under the preceding Section (2), attach to the request a paper stating the matters to be stated in the specification under the preceding Section (3) to (6) in a foreign language specified in an ordinance of the Ministry of Economy, Trade and Industry and any text matter of the drawings in the foreign language (hereinafter referred to as the “foreign language file”) and a paper stating the matters to be stated in the abstract under the preceding Section (7) in the foreign language (hereinafter referred to as the “foreign language abstract”).



		(2) The applicant of an application for a patent to which he has attached the foreign language file and foreign language abstract to the request under the preceding subsection (hereinafter referred to as the “foreign language file application”) shall furnish to the Commissioner of the Patent Office a translation into Japanese of the foreign language file and foreign language abstract within two months from the filing date of the application for a patent.



		(3) Where the translation of the foreign language file (excluding the drawings) referred to in the preceding subsection has not been furnished within the time limit prescribed in that subsection, the application for a patent shall be deemed withdrawn.



		(4) The translation of the foreign language file referred to in Subsection (2) is deemed to be the specification and drawings as submitted attached to the request under the preceding Section (2) and the translation of the foreign language abstract referred to in Subsection (2) is deemed to be the abstract as submitted attached to the request under the preceding Section (2).



		37. Where there are two or more inventions, they may be the subject of a patent application in the same request provided that these inventions are of an invention claimed in one claim (hereinafter referred to as “the specified invention”) and of another or other inventions having the relationship as indicated below with respect to such specified invention:



		(i) inventions of which the industrial applicability and the problem to be solved are the same as those of the specified invention;



		(ii) inventions of which the industrial applicability and the substantial part of the features stated in the claim are the same as those of the specified invention;



		(iii) where the specified invention relates to a product, inventions of process of manufacturing the product, inventions of process of using the product, inventions of process used for handling the product, inventions of machines, instruments, equipment or other things used for manufacturing the product, inventions of products solely utilizing the specific properties of the product, or inventions of things used for handling the product;



		(iv) where the specified invention relates to a process, inventions of machines, instruments, equipment or other things used directly in the working of the specified invention;



		(v) inventions having a relationship as provided for in Cabinet Order.



		Joint Applications



		38. Where the right to obtain a patent is owned jointly, the patent may only be applied for jointly by all the joint owners.



		First-to-File Rule



		39.—(1) Where two or more patent applications relating to the same invention are filed on different dates, only the first applicant may obtain a patent for the invention.



		(2) Where two or more patent applications relating to the same invention are filed on the same date, only one such applicant, agreed upon after mutual consultation among all the applicants, may obtain a patent for the invention. If no agreement is reached or no consultation is possible, none of the applicants shall obtain a patent for the invention.



		(3) Where an invention claimed in a patent application is the same as a device claimed in a utility model application and the applications are filed on different dates, the patent applicant may obtain a patent only if his application was filed before the utility model application.



		(4) Where an invention claimed in a patent application is the same as a device claimed in a utility model application and the applications are filed on the same date, only one applicant, agreed upon after mutual consultation between the applicants, may obtain the patent or the utility model registration. If no agreement is reached or no consultation is possible, the patent applicant shall not obtain a patent for the invention.



		(5) Where a patent application or a utility model application is abandoned, withdrawn or dismissed, or where an examiner’s decision or trial decision that a patent application is to be refused has become final and conclusive, such application shall, for the purposes of Subsections (1) to (4), be deemed never to have been made. However, this provision shall not apply where an examiner’s decision or a trial decision that the patent application is to be refused under the provision of the last sentence of Subsection (2) or (4) becomes final and conclusive.



		(6) A patent application or a utility model application filed by a person who is neither the inventor nor the creator nor the successor in title to the right to obtain a patent or utility model registration shall, for the purposes of Subsections (1) to (4), be deemed not to be a patent application or a utility model application.



		(7) The Commissioner of the Patent Office shall, in the case of Subsection (2) or (4), order the applicants to hold consultations for an agreement under Subsection (2) or (4) and to report the result thereof, within an adequate time limit.



		(8) Where the report under the preceding subsection is not made within the time limit designated in accordance with that subsection, the Commissioner of the Patent Office may deem that no agreement under Subsection (2) or (4) has been reached.



		40. [Deleted]



		Priority Claim Based on Patent Application, etc.



		41.—(1) Any person desiring a patent may declare a priority claim for the invention claimed in a patent application on the basis of the invention which has been disclosed in the specification or drawings originally attached to the request (in the case where the earlier application is a foreign language file application, the foreign language file) of a patent or utility model application in which he has the right to obtain a patent or utility model registration and which has been filed earlier (hereinafter referred to as an “earlier application”) except in the following cases:



		(i) the patent application concerned is not one filed within one year from the filing date of the earlier application;



		(ii) the earlier application is a new patent application divided out from a patent application under Section 44(1), a patent application converted from an application under Section 46(1) or (2), or a new utility model application divided out from a utility model application under Section 44(1) of this Law as applied under Section 11(1) of the Utility Model Law or a utility model application converted from an application under Section 10(1) or (2) of the Utility Model Law;



		(iii) at the time when the patent application concerned is filed, the earlier application has been abandoned, withdrawn or dismissed;



		(iv) at the time when the patent application concerned is filed, the examiner’s decision or the trial decision on the earlier application has become final and conclusive;



		(v) at the time when the patent application concerned is filed, the registration of establishment referred to in Section 14(2) of the Utility Model Law with respect to the earlier application has been effected.



		(2) For inventions which are amongst those claimed in a patent application containing a priority claim under Subsection (1) and which are disclosed in the specification or drawings (in the case where the earlier application is a foreign language file application, the foreign language file) originally attached to the request of an earlier application whose priority is so claimed [in the case where the earlier application contains a priority claim under Subsection (1) or under Section 8(1) of the Utility Model Law or a priority claim under Section 43(1) or Section 43bis(1) or (2) of this Law (including its application under Section 11(1) of the Utility Model Law), excluding the inventions disclosed in the document (limited to those equivalent to the specification and drawings) submitted at the time of the filing of the application whose priority is claimed for the earlier application], the patent application concerned shall be deemed to have been filed at the time when the earlier application was filed, for the purposes of Section 29, the principal sentence of Section 29bis and Sections 30(1) to (3), 39(1) to (4), 69(2)(ii), 72, 79, 81, 82(1), 104 [including its application under Section 65(5) (including its application under Section 184decies(2))], and 126(4) (including its application under Sections 17bis(5), 120bis(3) and 134(5)) of this Law, for the purposes of Sections 7(3) and 17 of the Utility Model Law, for the purposes of Sections 26, 31(2), and 32(2) of the Design Law (Law No. 125 of 1959) and for the purposes of Section 29, 33bis(1) and 33ter(1) (including its application under Section 68(3) of the Trademark Law) of the Trademark Law (Law No. 127 of 1959).



		(3) For inventions which are amongst those disclosed in the specification or drawings (in the case of a foreign language file application, in the foreign language file) originally attached to the request of a patent application containing a priority claim under Subsection (1) and which are disclosed in the specification or drawings (in the case where the earlier application is a foreign language file application, the foreign language file) originally attached to the request of an earlier application whose priority is so claimed [in the case where the earlier application contains a priority claim under that subsection or Section 8(1) of the Utility Model Law or a priority claim under Section 43(1) or 43bis(1) or (2) of this Law (including its application under Section 11(1) of the Utility Model Law), excluding the inventions disclosed in the documents (limited to those equivalent to the specification and drawings) submitted at the time of the filing of the application whose priority is claimed for the earlier application], the laying open for public inspection or the Gazette containing the Utility Model relating to the earlier application shall be deemed to have been effected or published at the time when the publication of the Gazette containing the Patent or the laying open for public inspection relating to the patent application concerned was published or effected, for the purposes of the principal sentence of Section 29bis of this Law or the principal sentence of Section 3bis of the Utility Model Law.



		(4) A person desiring to declare a priority claim under Subsection (1) shall, simultaneously with the patent application, submit to the Commissioner of the Patent Office a document setting forth a statement to that effect and an identification of the earlier application.



		Withdrawal, etc. of Earlier Application



		42.—(1) The earlier application whose priority is claimed under Section 41(1) shall be deemed to have been withdrawn at the expiration of one year and three months from the filing date of that earlier application. However, where that earlier application has been abandoned, withdrawn or dismissed, where the examiner’s decision or trial decision on that earlier application has become final and conclusive, where the registration of establishment referred to in Section 14(2) of the Utility Model Law with respect to the earlier application has been effected, or where all of the priority claims based on that earlier application have been withdrawn, this provision shall not apply.



		(2) The applicant of a patent application containing a priority claim under Section 41(1) shall not withdraw the priority claim after the expiration of one year and three months from the filing date of the earlier application.



		(3) Where the patent application containing a priority claim under Section 41(1) is withdrawn within one year and three months from the filing date of the earlier application, the priority claim shall be deemed to have been withdrawn simultaneously.



		Priority Claim under the Paris Convention



		43.—(1) A person desiring to declare a priority claim in respect of a patent application under D(1) of Article 4 of the Paris Convention shall, simultaneously with the patent application, submit to the Commissioner of the Patent Office a document setting forth a statement to that effect and specifying the country party to the Paris Convention in which the application was first filed, or considered under C(4) of the said Article to have been first filed, or recognized under A(2) of the said Article to have been first filed, as well as the filing date of such application.



		(2) A person who has declared a priority claim or priority claims by virtue of the preceding subsection shall submit a written statement to the Commissioner of the Patent Office setting forth the filing date or dates of the application or applications, certified by the country party to the Paris Convention in which the application or applications were first filed, or considered under C(4) of Article 4 of the Paris Convention to have been first filed, or recognized under A(2) of the said Article to have been first filed, as well as a certified copy of each of the specifications and drawings of the inventions or a copy of each of the official gazettes or certificates having the same contents which have been issued by the government of the member country concerned, within one year and four months from the earliest of the following filing dates:



		(i) the filing date of said application first filed, or of the said application considered under C(4) of Article 4 of the Paris Convention to have been first filed or of the said application recognized under A(2) of the said Article to have been first filed;



		(ii) the filing date or dates of the said application or applications whose priority or priorities are claimed in the case where the patent application contains a priority claim or priority claims under Section 41(1);



		(iii) the filing date or dates of the application whose priority is so claimed, where the patent application concerned contains other priority claim under Subsection (1) or Section 43bis(1) or (2).



		(3) A person who has declared a priority claim by virtue of Subsection (1) shall, together with the documents referred to in the preceding subsection, submit a document to the Commissioner of the Patent Office specifying the number of the first application, or the application considered under C(4) of Article 4 the Paris Convention or recognized under A(2) of the said Article to be the first application. However, when the number is not available before the submission of the documents referred to in that subsection, he shall submit a document setting forth the reason therefor instead of the document referred to and shall submit a document specifying the number as soon as it becomes available.



		(4) Where a person who has declared a priority claim by virtue of Subsection (1) fails to submit the documents referred to in Subsection (2) within the time limit prescribed therein, the priority claim concerned shall lose its effect.



		(5) Where a person claiming a priority under Subsection (1) specifying matters written in the documents as referred to in Subsection (2) with the number of the application based on the application which was filed in a country fixed by an ordinance of the Ministry of Economy, Trade and Industry and which can be converted by electromagnetic means (that is, electronic, magnetic and other means which cannot be perceived by human perception) has submitted a paper setting forth the number of the application to the Commissioner of the Patent Office within a time limit prescribed in Subsection (2), the documents as referred to in Subsection (2) shall be deemed to have been filed for the purposes of the preceding two subsections.



		Priority Claim Declared as Governed by the Paris Convention



		43bis.—(1) A priority claim based on an application which a person specified in the left-hand column of the following table has filed in or for any country specified in the right-hand column of the following table may be declared as governed by the provision in Article 4 of the Paris Convention for a patent application:



		Japanese nationals or nationals of a country party to the Paris Convention (including nationals deemed to be the nationals of the country party in accordance with Article 3 of the Paris Convention—hereinafter the same in Subsection (2)).



		Member of the World Trade Organization



		Nationals of a Member of the World Trade Organization (meaning the nationals of Members provided for in paragraph 3 of Article 1 of the Annex 1C to the Marrakesh Agreement Establishing the World Trade Organization—hereinafter the same in Subsection (2)).



		Country party to the Paris Convention or Member of the World Trade Organization



		(2) A priority claim based on an application which the nationals of a country which is neither a party to the Paris Convention nor a Member of the World Trade Organization (limited to the country which allows Japanese nationals to declare a priority claim under the same condition as in Japan and which the Commissioner of the Patent Office designates—hereinafter referred to as the “specified country” in this subsection) and a priority claim based on an application which Japanese nationals or the nationals of a country party to the Paris Convention or a Member of the World Trade Organization have filed in or for any specified country may be declared as governed by the provisions in Article 4 of the Paris Convention for a patent application.



		(3) Section 43 shall apply mutatis mutandis to the declaration of a priority claim under Subsection (1) or (2).



		Division of Patent Applications



		44.—(1) An applicant for a patent may divide a patent application comprising two or more inventions into one or more new patent applications only within the time limit by which the specification or drawings attached to the request may be amended.



		(2) In such a case, the new patent application shall be deemed to have been filed at the time of filing of the original application. However, this provision shall not apply where the new patent application is either another application for a patent as referred to in Section 29bis of this Law or an application for a patent as referred to in Section 3bis of the Utility Model Law for the purposes of those sections and of Sections 30(4), 36bis(2), 41(4) and 43(1) (including its application under Section 43bis(3)).



		(3) For the purpose of Section 43(2) (including its application in Subsection (3) of the preceding section) where a new application is filed under the provision of Subsection (1), “within one year and four months from the earliest of the filing dates” in Section 43(2) shall read “within one year and four months from the earliest of the filing dates or within three months from the filing date of the new patent application, whichever is later.”



		(4) Where the new patent application under Subsection (1) is filed, any statements or documents which have been submitted with respect to the original patent application and which shall be submitted with respect to the new patent application in accordance with Section 30(4), Section 41(4) or Section 43(1) and (2) (including its application under 43bis(3)), shall be deemed to have been submitted to the Commissioner of the Patent Office simultaneously with the said new patent application.



		45. [Deleted]



		Conversion of Applications



		46.—(1) An applicant for a utility model registration may convert his application into a patent application. However, this provision shall not apply after three years from the filing date of the application for a utility model registration.



		(2) An applicant for a design registration may convert his application into a patent application. However, this provision shall not apply after 30 days from the transmittal of the examiner’s first decision that the design application is to be refused or after lapse of three years from the filing date of the design application (excluding the 30-day period counted from the transmittal of the examiner’s first decision that the application is to be refused).



		(3) The 30-day period prescribed in the proviso to Subsection (2) shall, when the time limit prescribed in Section 46(1) of the Design Law has been extended in accordance with Section 4 of this Law as applied under Section 68(1) of the Design Law, be deemed to have been extended only for that period as extended.



		(4) Where the conversion of an application under Subsection (1) or (2) has been made, the original application shall be deemed to have been withdrawn.



		(5) Section 44(2) to (4) shall apply mutatis mutandis to the conversion of an application under Subsection (1) or (2).



		CHAPTER III THE EXAMINATION



		Examination by Examiner



		47.—(1) The Commissioner of the Patent Office shall have applications for patent examined by an examiner.



		(2) The qualifications of examiners shall be prescribed by Cabinet Order.



		Exclusion of Examiners



		48. Section 139(i) to (v) and (vii) shall apply mutatis mutandis to examiners.



		Examination of Patent Applications



		48bis. The examination of patent applications shall be carried out upon a request for examination.



		Requests for Examination



		48ter.—(1) When a patent application has been filed, any person may, within three years from the date thereof, make a request for examination to the Commissioner of the Patent Office.



		(2) With respect to a new patent application resulting from the division of a patent application under Section 44(1) or a patent application resulting from the conversion of an application under Section 46(1) or (2), a request for examination may be made even after the period prescribed in the preceding Subsection (1), but only within 30 days from the division of the patent application, or the conversion of the application.



		(3) A request for examination may not be withdrawn.



		(4) When a request for examination has not been made within the time limit prescribed therefor in Subsection (1) or (2), the patent application concerned shall be deemed withdrawn.



		48quater. Any person desiring to make a request for examination shall submit a written request to the Commissioner of the Patent Office stating the following:



		(i) the name and the domicile or residence of the person making the request;



		(ii) the patent application in respect of which the request for examination is made.



		48quinquies.—(1) The Commissioner of the Patent Office shall, where a request for examination has been made before the laying open of the application, publish such fact in the Patent Gazette at the time when the application is laid open or as soon as possible thereafter; where a request for examination has been made after the laying open of the application, he shall publish such fact in the Patent Gazette without delay.



		(2) Where a request for examination has been made by a person other than the applicant, the Commissioner of the Patent Office shall notify the applicant accordingly.



		Preferential Examination



		48sexies. When the Commissioner of the Patent Office recognizes that a person other than the applicant is commercially working the invention claimed in a patent application after the laying open of the application, he may, if necessary, direct the examiner to examine the application in preference to other patent applications.



		Examiner’s Decision of Refusal



		49. The examiner shall make a decision that a patent application is to be refused where it falls under any of the following paragraphs:



		(i) the amendment to the specification or drawings attached to the request does not comply with the requirements under Section 17bis(3);



		(ii) the invention claimed in the patent application is not patentable under Section 25, 29, 29bis, 32, 38 or 39(1) to (4);



		(iii) the invention claimed in the patent application is not patentable in accordance with the provisions of a treaty;



		(iv) the patent application does not comply with the requirements under Section 36(4) or (6), or Section 37;



		(v) when the patent application concerned is a foreign language file application, the features disclosed in the specification or drawings attached to the request of the patent application do not remain within the scope of the features disclosed in the foreign language document;



		(vi) the applicant for a patent who is not the inventor has not succeeded to the right to obtain a patent for the invention concerned.



		Notification of Reasons for Refusal



		50. When the examiner intends to render a decision that an application is to be refused, he shall notify the applicant for the patent of the reasons for refusal and give him an opportunity to submit a statement of his arguments, designating an adequate time limit. However, in the case of Section 17bis(1)(ii), this provision shall not apply to the case of a ruling to decline an application under Section 53(1).



		Examiner’s Decision that a Patent is to be Granted



		51. When the examiner finds no reasons for refusal with respect to the patent application, he shall render a decision that a patent is to be granted.



		Formal Requirements of Decision



		52.—(1) The examiner’s decision shall be in writing and shall state the reasons therefor.



		(2) When the examiner’s decision has been rendered, the Commissioner of the Patent Office shall transmit a copy of the decision to the applicant.



		Declining of Amendments



		53.—(1) In the case of Section 17bis(1)(ii), where, prior to the transmittal of the examiner’s decision that a patent is to be granted, it is found that an amendment to the specification or drawings attached to the request does not comply with Section 17bis(3) to (5), the examiner shall decline the amendment by a ruling.



		(2) The ruling to decline an amendment under the preceding subsection shall be in writing and shall state the reasons therefor.



		(3) No appeal shall lie from a ruling to decline an amendment under Subsection (1). However, this provision shall not apply to the examination in a trial demanded under Section 121(1).



		Relationship with Litigation



		54.—(1) The examination procedure may, if necessary, be suspended, until the ruling on the opposition to the patent or the trial decision has become final and conclusive or litigation procedure has been concluded.



		(2) Where a suit or motion for provisional attachment or provisional disposal has been filed, the court may, if necessary, suspend the litigation procedure until the examiner’s decision or the trial decision becomes final and conclusive.



		55 to 63. [Deleted]



		CHAPTER IIIBIS LAYING OPEN OF APPLICATIONS



		Laying Open of Applications



		64.—(1) After one year and six months from the filing date of an application, the Commissioner of the Patent Office shall lay the patent application open for public inspection, unless the Gazette containing the Patent has already been published. This provision shall also apply where the request for laying open of an application under Section 64bis(1) is made.



		(2) The laying open for public inspection of a patent application shall be effected by publishing the following particulars in the Patent Gazette. However, this provision shall not apply to the particulars referred to in Paragraphs (iv) to (vi) where the Commissioner of the Patent Office recognizes that the publication of those particulars in the Patent Gazette is liable to contravene public order or morality:



		(i) the name and the domicile or residence of the applicant;



		(ii) the number and date of the application;



		(iii) the name and the domicile or residence of the inventor;



		(iv) the particulars of the specification and the contents of the drawings attached to the request;



		(v) the particulars stated in the abstract attached to the request;



		(vi) in the case of a foreign language file application, the particulars stated in the foreign language file and foreign language abstract;



		(vii) the number and the date of the laying open;



		(viii) other necessary particulars.



		(3) In the case where the Commissioner of the Patent Office recognizes that a statement of the abstract attached to the request does not comply with Section 36(7) or, in other cases where he recognizes it necessary, he may, in lieu of the particulars stated in the abstract under Subsection (2)(v), publish those prepared by himself.



		Request for Laying Open of Applications



		64bis.—(1) An applicant for patent may request the Commissioner of the Patent Office to lay his application for patent open for public inspection, except the following cases:



		(i) where the patent application has already been laid open for public inspection;



		(ii) where the patent application is the application which has declared the priority claim referred to in Section 43(1) or Section 43bis(1) or (2) and for which the documents under Section 43(2) (including its application under 43bis(3)) and the statements under Section 43(5) (including its application under 43bis(3)) have not been submitted to the Commissioner of the Patent Office;



		(iii) where the patent application is the foreign language file application for which the translation into Japanese of the foreign language file under Section 36bis(2) has not been submitted to the Commissioner of the Patent Office.



		(2) The request for laying open of an application may not be withdrawn.



		64ter. An applicant for a patent who desires to request for laying open of the application, shall submit the written request to the Commissioner of the Patent Office, stating the following matters:



		(i) the name and the domicile or residence of the person making the request;



		(ii) the patent application in respect of which the request for laying open is made.



		Effects of Laying Open of Applications



		65.—(1) When an applicant for a patent has, after the laying open of his patent application, given a warning with a written statement setting forth the contents of the invention claimed in the application, he may claim, against a person who has commercially worked the invention, after the warning but before the registration of the establishment of the patent right, the payment of compensation in a sum of money equivalent to what he would be entitled to receive for the working of the invention if the invention were patented. Even in the absence of the warning, the same shall apply to a person who commercially worked the invention before the registration of the establishment of the patent right, knowing that the invention was claimed in the patent application laid open for public inspection.



		(2) The right to claim the compensation under the preceding subsection may not be exercised until after the establishment of the patent right is registered.



		(3) The exercise of the right to claim the compensation under Subsection (1) shall not preclude the exercise of the patent right.



		(4) Where a patent application has been abandoned, withdrawn or dismissed after the laying open of the patent application, or where the examiner’s decision or a trial decision that the patent application is to be refused has become final and conclusive, or where the patent right has been deemed never to have existed under Section 112(6) (except where, thereafter, the patent right has been deemed to have existed from the beginning under Section 112bis(2)), or where the ruling to revoke the patent under Section 114(2) has become final and conclusive, or where, with exception of the cases coming within the proviso to Section 125, a trial decision that the patent is to be invalidated has become final and conclusive, the right under Subsection (1) shall be deemed never to have arisen.



		(5) Sections 101 and 104 to 105bis of this Law and Sections 719 and 724(tort) of the Civil Code (Law No. 89 of 1896) shall apply mutatis mutandis to the exercise of the right to claim the compensation under Subsection (1). In such a case, where a person having the right to claim the compensation has become aware, before the registration of the establishment of the patent right, of the fact that the invention claimed in the patent application was being worked and of the person working the invention, “the time when the injured party or his legal representative became aware of such damage and of the person causing it” in Section 724 of the said Code shall read “the date of the registration of the establishment of the patent right.”



		CHAPTER IV THE PATENT RIGHT



		1. The Patent Right



		Registration of Establishment of Patent Right



		66.—(1) A patent right shall come into force upon registration of its establishment.



		(2) The establishment of a patent right shall be registered when the annual fees for the first to the third years under Section 107(1) have been paid or exemption or deferment of such payment has been granted.



		(3) Upon registration under the preceding subsection, the following particulars shall be published in the Patent Gazette. However, this provision shall not apply to the particulars listed in Paragraph (v) where the patent application has already been laid open for public inspection:



		(i) the name and the domicile or residence of the patentee;



		(ii) the number and the filing date of the patent application;



		(iii) the name and the domicile or residence of the inventor;



		(iv) the particulars stated in the specification and the contents of the drawings attached to the request of the application;



		(v) the particulars stated in the abstract attached to the request;



		(vi) the patent number and the date of registration of the establishment;



		(vii) other necessary particulars.



		(4) Section 64(3) shall apply mutatis mutandis where the particulars stated in the abstract listed in Section 64(3)(v) are published in the Patent Gazette under Subsection (3).



		(5) During five months after the date of publication of the Gazette containing the Patent, the Commissioner of the Patent Office shall make the application files and their attachments available for public inspection at the Patent Office. However, this provision shall not apply to documents or articles liable to injure the reputation or peaceful existence of an individual or documents and articles liable to contravene public order or morality, which the Commissioner of the Patent Office considers it necessary to keep secret.



		(6) Where the Commissioner of the Patent Office is to lay open for public inspection documents or articles other than those liable to injure the reputation or peaceful existence of an individual or documents or articles liable to contravene public order or morality, which the Commissioner of the Patent Office considers it necessary to keep secret, the Commissioner shall notify a person who has submitted the documents or articles to that effect with a reason therefor.



		Term of Patent Right



		67.—(1) The term of the patent right shall be 20 years from the filing date of the patent application.



		(2) The term of the patent right may be extended, upon application for registration of an extension, by a period not exceeding five years if, because of the necessity of obtaining an approval or other disposition which is governed by provisions in laws intended to ensure safety, etc. in the working of the patented invention, and which is provided for in Cabinet Order as being such that, in view of the object of the relevant disposition, proceedings, etc., a considerable period of time is required for the proper action for the disposition, there was a period in which it was not possible to work the patented invention.



		Registration of Extension of Term of Patent Right



		67bis.—(1) A person desiring to apply for registration of an extension of the term of a patent right shall submit to the Commissioner of the Patent Office an application stating the following matters:



		(i) the name and the domicile or residence of the applicant;



		(ii) the Patent Number;



		(iii) the term of the extension applied for (limited to a period not exceeding five years)



		(iv) particulars of the disposition as provided for in Cabinet Order referred to in Section 67(2).



		(2) The application under the preceding subsection shall be accompanied by materials which give reasons for the extension, as provided for in an ordinance of the Ministry of Economy, Trade and Industry.



		(3) The application for registration of an extension of the term of a patent right shall be made within the time limit prescribed by Cabinet Order counting from the date of obtaining the disposition provided for in Cabinet Order referred to in Section 67(2). However, the application shall not be made after the expiration of the term of a patent right provided for in Section 67(1).



		(4) Where a patent is owned jointly, each of the joint owners may not, except jointly with the other owners, apply for registration of an extension of the term of a patent right.



		(5) Where an application for registration of an extension of the term of a patent right is filed, the term of the patent right shall be deemed to have been extended. However, this provision shall not apply when the examiner’s decision that the application is to be refused has become final and conclusive or when an extension of the term of the patent right has been registered.



		(6) When an application for registration of an extension of the term of a patent right is filed, the matters as set forth under each of the paragraphs in Subsection (1) and the number and the filing date of the application shall be published in the Patent Gazette.



		67bis-bis.—(1) When it is anticipated impossible to obtain the disposition as provided for in Cabinet order referred to in Section 67(2) by the day before six months prior to the date of expiration of the term of a patent right as provided for in Section 67(1), a person desiring to apply for registration of an extension of the term of a patent right shall submit by that day to the Commissioner of the Patent Office a document stating the following matters:



		(i) the name and the domicile or residence of the person desiring the application;



		(ii) the patent number;



		(iii) the disposition as provided for in Cabinet Order referred to in Section 67(2).



		(2) Where the document required to be submitted under the provision of the preceding subsection is not submitted, application for the registration of an extension of the term of a patent right may not be made for after six months prior to the date of expiration of the term of a patent right as provided for in Section 67(1).



		(3) When the document referred to in Subsection (1) is submitted, the matters set forth under each of the paragraphs in Subsection (1) shall be published in the Patent Gazette.



		67ter.—(1) The examiner shall make a decision that an application for registration of an extension of a patent right is to be refused where it falls under any of the following paragraphs:



		(i) where it is not deemed that the obtaining of the disposition as provided for in Cabinet Order referred to in Section 67(2) was necessary for the working of the patented invention;



		(ii) where the disposition as provided for in Cabinet Order referred to in Section 67(2) was not obtained by the patentee, or an exclusive licensee or a registered non-exclusive licensee under the patent;



		(iii) where the term for which an extension is applied exceeds the period of time during which the patented invention could not be worked;



		(iv) where the person applying for an extension is not the patentee concerned;



		(v) where the application does not comply with the requirements of Section 67bis(4).



		(2) When the examiner finds no reasons for refusing an application for registration of an extension of the term of a patent right, he shall render a decision that the registration of the extension is to be made.



		(3) When the examiner’s decision or the trial decision is rendered to the effect that the registration of an extension of the term of the patent right is to be made, the registration is made to the effect that the term of the patent right has been extended.



		(4) When the registration under the preceding paragraph is made, the following particulars shall be published in the Patent Gazette:



		(i) the name and the domicile or residence of the patentee;



		(ii) the Patent Number;



		(iii) the number and the filing date of the application for registration of the extension of the patent right;



		(iv) the date of the registration of the extension;



		(v) the term of the extension;



		(vi) particulars of the disposition as provided for in Cabinet Order referred to in Section 67(2).



		67quater. Sections 47(1), 48, 50 and 52 shall apply mutatis mutandis to the examination of an application for registration of an extension of the term of a patent right.



		Effects of Patent Right



		68. A patentee shall have an exclusive right to commercially work the patented invention. However, where the patent right is the subject of an exclusive license, this provision shall not apply to the extent that the exclusive licensee exclusively possesses the right to work the patented invention.



		Effects of the Term Extended Patent Right



		68bis. The effects of the patent right of which the term has been extended (including cases in which the term is deemed to be extended under Section 67bis(5)) shall not extend to acts other than the working of the patented invention concerned in respect of the product (where, in the disposition concerned, any specific use of such product to be used was specified, the product used for such specific use) which was the subject of the disposition as provided for in Cabinet Order referred to in Section 67(2) and as being the ground for the registration of the extension.



		Limits of Patent Right



		69.—(1) The effects of the patent right shall not extend to the working of the patent right for the purposes of experiment or research.



		(2) The effects of the patent right shall not extend to the following:



		(i) vessels or aircraft merely passing through Japan or machines, instruments, equipment or other accessories used therein;



		(ii) products existing in Japan prior to the filing of the patent application.



		(3) The effects of the patent right for inventions of medicines (namely, products used for the diagnosis, cure, medical treatment or prevention of human diseases—hereinafter referred to as “medicines” in this subsection) to be manufactured by mixing two or more medicines or for inventions of processes for manufacturing medicines by mixing two or more medicines shall not extend to acts of preparing medicines in accordance with the prescriptions of physicians or dentists or to medicines prepared in accordance with the prescriptions of physicians or dentists.



		Technical Scope of Patented Inventions



		70.—(1) The technical scope of a patented invention shall be determined on the basis of the statements of the patent claim(s) in the specification attached to the request.



		(2) In the case of the preceding subsection, the meaning of a term or terms of the patent claim(s) shall be interpreted in the light of the specification excluding the patent claim(s) and the drawings.



		(3) In the case of Subsections (1) and (2), no statements of the abstract attached to the request shall be taken into account for such purpose.



		71.—(1) A request for interpretation may be made to the Patent Office with respect to the technical scope of a patented invention.



		(2) Where such a request is made, the Commissioner of the Patent Office shall designate three trial examiners to give the requested interpretation.



		(3) Sections 131(1) and the principal sentence of (2), 132(1) and (2), 133, 133bis, 134(1), (3) and (4), 135, 136(1) and (2), 137(2), 138, 139 (excluding (vi)), 140 to 144, 144bis(1) and (3) to (5), 145(2) to (5), 146, 147(1) and (2), 150(1) to (5), 151 to 154, 155(1), 157 and 169(3), (4) and (6) shall apply mutatis mutandis to the interpretation under Subsection (1). In such a case, “a trial decision” in Section 135 shall read “a ruling”, “trials other than the trial under the preceding subsection” in Section 145(2) shall read “trial examination of interpretation”, “where public order or morality is liable to be injured thereby” in the proviso to Section 145(5) shall read “where the trial examiner-in-chief considers it necessary”, “Section 147” in Section 151 shall read “Section 147(1) and (2)”, “before a trial decisions becomes final and conclusive” in Section 155(1) shall read “before the written interpretation is transmitted” respectively.



		(4) No appeal shall lie from the ruling under Section 135 as applied under the preceding subsection.



		71bis.—(1) Where the Commissioner of the Patent Office is commissioned by a court to give an expert opinion with respect to the technical scope of a patented invention, he shall appoint three trial examiners to give the opinion.



		(2) Sections 136(1) and (2), 137(2) and 138 shall apply mutatis mutandis to the commission therefor under the preceding subsection.



		Relationship with Another’s Patented Invention, etc.



		72. When a patented invention would utilize another person’s patented invention, registered utility model or registered design or design similar thereto under an application filed prior to the filing date of the patent application concerned, or when the patent right conflicts with another person’s design right or trademark right under an application for registration of a design filed prior to the filing date of the patent application concerned, the patentee, exclusive licensee or non-exclusive licensee shall not commercially work the patented invention.



		Joint Patent Rights



		73.—(1) Each of the joint owners of a patent right may neither transfer his share nor establish a pledge upon it without the consent of all the other joint owners.



		(2) Each of the joint owners may, except as otherwise prescribed by contract, work the patented invention without the consent of the other joint owners.



		(3) Each of the joint owners may grant neither an exclusive license nor a non-exclusive license without the consent of all the other joint owners.



		74. [Deleted]



		75. [Deleted]



		Extinguishment of Patent Right in Absence of Heir



		76. A patent right shall be extinguished when there is no person claiming to be an heir within the period prescribed by Section 958 of the Civil Code.



		Exclusive Licenses



		77.—(1) A patentee may grant an exclusive license on his patent right.



		(2) An exclusive licensee shall have an exclusive right to commercially work the patented invention to the extent laid down in the license contract.



		(3) An exclusive license may be transferred only together with the business in which it is worked, or only with the consent of the patentee or in the case of inheritance or other general succession.



		(4) An exclusive licensee may establish a pledge or grant a non-exclusive license on the exclusive license only with the consent of the patentee.



		(5) Section 73 shall apply mutatis mutandis to exclusive licenses.



		Non-Exclusive Licenses



		78.—(1) A patentee may grant a non-exclusive license on his patent right.



		(2) A non-exclusive licensee shall have the right to commercially work the patented invention to the extent prescribed in this Law or laid down by the license contract.



		Non-Exclusive License by virtue of Prior Use



		79. Where, without knowledge of the contents of an invention claimed in a patent application, a person has made the invention by himself or, without knowledge of the invention in the patent application, has learnt the invention from another person who has made the invention, and has been commercially working the invention or has been making preparations therefor in Japan at the time of filing of the patent application, such person shall have a non-exclusive license on the patent right limited to the extent of the patent which is being worked or for which preparations for working are being made and to the purpose of such working or the preparations therefor.



		Non-Exclusive License due to Working prior to Registration of Demand for Invalidation Trial



		80.—(1) A person who falls under any of the following paragraphs and who is running a business working an invention in Japan or preparing the business before the registration of a demand for a trial under Section 123(1) without knowing that the patent falls under the requirements of any of the paragraphs of that section, shall have a non-exclusive license on the invalidated patent right or on the exclusive license existing at the time of the invalidation within the scope of the invention which is worked or prepared to be worked and within the scope of the purposes of the business:



		(i) where one of two or more patents granted for the same invention has been invalidated, the original patentee;



		(ii) where his patent has been invalidated and a patent for the same invention has been granted to the person entitled to obtain the patent, the original patentee;



		(iii) in the case referred to in Paragraphs (i) and (ii), a person who, at the time of the registration of the demand for a trial under Section 123(1), has an exclusive license on the patent that has been invalidated or a non-exclusive license which is effective under Section 99(1) on the patent or exclusive right.



		(2) The patentee or the exclusive licensee shall have a right to receive a reasonable remuneration as consideration for the non-exclusive license under the preceding subsection.



		Non-Exclusive License after Expiration of Design Right



		81. Where a design right under an application for a design registration filed prior to or on the filing date of a patent application conflicts with the patent right under the patent application and the term of the design right has expired, the owner of the expired design right shall, to the extent of such design right, have a non-exclusive license on the patent right or the exclusive license existing at the time when the design right expired.



		82.—(1) Where a design right under an application for a design registration filed prior to or on the filing date of a patent application conflicts with the patent right under the patent application and the term of the design right has expired, a person who, at the time of expiration, has an exclusive license on the expired design right or a non-exclusive license which is effective under Section 99(1), as applied under Section 28(3) of the Design Law, against the design right or the exclusive license, shall, to the extent of the expired right, have a non-exclusive license on the patent right concerned or on the exclusive license existing at the time when the design right expired.



		(2) The patentee or the exclusive licensee shall have a right to a reasonable remuneration as consideration for the non-exclusive license under the preceding subsection.



		Arbitration Decision on Grant of Non-Exclusive License in case of Non-Working



		83.—(1) Where a patented invention has not been sufficiently and continuously worked during a period of three years or more in Japan, a person who intends to work the patented invention may request the patentee or the exclusive licensee to hold consultations on the grant of a non-exclusive license thereon. However, this provision shall not apply unless four years have elapsed since the filing date of the application corresponding to the patented invention.



		(2) If no agreement is reached or no consultation is possible under the preceding subsection, a person who intends to work the patented invention may request the Commissioner of the Patent Office for an arbitration decision.



		Submission of Written Reply



		84. Where a request has been made for arbitration under Section 83(2), the Commissioner of the Patent Office shall transmit a copy of the written request to the patentee or exclusive licensee mentioned in the request or to other persons having any registered rights relating to the patent and shall give them an opportunity to submit a written reply, designating an adequate time limit.



		Hearing of Industrial Property Council, etc.



		85.—(1) Before rendering an arbitration decision under Section 83(2), the Commissioner of the Patent Office shall hear the views of the Council and the like (referring to the organ prescribed in Section 8 of National Government Organization Law (Law No. 120 of 1948)) which is to be set up by Cabinet Order.



		(2) Where there is a legitimate reason for the failure to sufficiently work the patented invention, the Commissioner of the Patent Office shall not render an arbitration decision ordering a non-exclusive license to be granted.



		Formal Requirements of Arbitration



		86.—(1) The arbitration decision under Section 83(2) shall be in writing and shall state the reasons therefor.



		(2) An arbitration decision ordering a non-exclusive license to be granted shall set forth the following:



		(i) the scope of the non-exclusive license;



		(ii) the consideration for the license and the method and time of payment.



		Transmittal of Copy of Arbitration Decision



		87.—(1) A copy of an arbitration decision rendered under Section 83(2) shall be transmitted by the Commissioner of the Patent Office to the parties and other persons having any registered rights relating to the patent.



		(2) When a copy of an arbitration decision ordering a non-exclusive license to be granted has been transmitted to the parties under the preceding subsection, an agreement in the terms of the arbitration decision shall be deemed to have been reached by the parties.



		Deposit of Consideration



		88. A person who is to pay a remuneration as consideration under Section 86(2)(ii) shall make a deposit of it in the following case:



		(i) where the person to receive the remuneration is unwilling or unable to receive it;



		(ii) where an action under Section 183(1) has been instituted with respect to the remuneration;



		(iii) where the patent right or the exclusive license is the subject of a pledge. However, this provision shall not apply where the consent of the pledgee has been obtained.



		Lapse of Arbitration Decision



		89. Where a person who desires a non-exclusive license fails to pay or deposit the remuneration (or the first installment thereof where payment is to be made periodically or by installments) within the time prescribed in the arbitration decision under Section 83(2), the arbitration decision ordering the non-exclusive license to be granted shall lose its effect.



		Cancellation of Arbitration Decision



		90.—(1) After rendering an arbitration decision ordering a non-exclusive license to be granted under Section 83(2), when the reason for the arbitration decision is no longer applicable or circumstances have otherwise changed and it has become to be impossible to sufficiently support the arbitration decision or a person who has obtained a non-exclusive license under the arbitration decision fails to work the patented invention sufficiently, the Commissioner of the Patent Office may cancel the arbitration decision upon the request of the interested person or ex officio.



		(2) Sections 84, 85(1), 86(1) and 87(1) shall apply mutatis mutandis to the cancellation of the arbitration decision under the preceding subsection and Section 85(2) shall apply mutatis mutandis to the cancellation of the arbitration decision under the preceding subsection when the person who has obtained a non-exclusive license under the arbitration decision fails to work the patented invention sufficiently.



		91. When an arbitration decision has been cancelled under Section 90(1), the non-exclusive license shall be extinguished.



		Restriction on Objections to Arbitration Decision



		91bis. Objections to the remuneration fixed in an arbitration decision under Section 83(2) may not be made a ground for a request for reconsideration of the decision under the Administrative Appeal Law (Law No. 160 of 1962).



		Arbitration Decision on Grant of Non-Exclusive License on one’s own Patented Invention



		92.—(1) Where a patented invention falls under any of the cases provided for in Section 72, the patentee or the exclusive licensee may request the other person referred to in that section to hold consultations on the grant of a non-exclusive license to work the patented invention or of a non-exclusive license on the utility model right or the design right.



		(2) The other person referred to in Section 72 who has been requested to hold the consultations under the preceding subsection may request the patentee or the exclusive licensee having requested the consultations to hold consultations on the grant of a non-exclusive license within the scope of the patented invention which the patentee or exclusive licensee desires to work by obtaining the non-exclusive license on the patent right, the utility model right or the design right through the consultations requested by the patentee or the exclusive licensee.



		(3) If no agreement is reached or no consultation is possible under Subsection (1), the patentee or the exclusive licensee may request the Commissioner of the Patent Office for an arbitration decision.



		(4) If no agreement is reached or no consultation is possible under Subsection (2) and an arbitration under the preceding subsection is requested, the other person referred to in Section 72 may request the Commissioner of the Patent Office for an arbitration decision only within the time limit which the Commissioner of the Patent Office designates as the time limit for the other person to submit a written reply in accordance with Section 84 as applied under Subsection (7).



		(5) If, in the case of Subsection (3) or the preceding subsection, the grant of a non-exclusive license would unduly injure the interests of the other person referred to in Section 72 or the patentee or exclusive licensee, the Commissioner of the Patent Office shall not render an arbitration decision ordering a non-exclusive license to be granted.



		(6) In the case of Subsection (4) in addition to the case provided for in the preceding subsection, the Commissioner of the Patent Office shall not render an arbitration decision ordering a non-exclusive license to be granted if an arbitration decision ordering a non-exclusive license to be granted is not rendered with respect to the request for the arbitration decision under Subsection (3).



		(7) Sections 84, 85(1) and 86 to 91bis shall apply mutatis mutandis to the arbitration under Subsection (3) or (4).



		Arbitration Decision on Grant of Non-Exclusive License in Public Interest



		93.—(1) Where the working of a patented invention is particularly necessary in the public interest, a person who intends to work the invention may request the patentee or the exclusive licensee to hold consultations on the grant of a non-exclusive license.



		(2) If no agreement is reached or no consultation is possible under the preceding subsection, a person who intends to work the patented invention may request the Minister of Economy, Trade and Industry for an arbitration decision.



		(3) Sections 84, 85(1) and 86 to 91bis shall apply mutatis mutandis to the arbitration under the preceding subsection.



		Transfer, etc. of Non-Exclusive License



		94.—(1) A non-exclusive license, with the exception of one which results from an arbitration decision under Section 83(2), 92(3) or (4) or Section 93(2) of this Law, Section 22(3) of the Utility Model Law or Section 33(3) of the Design Law, may be transferred, but only together with the business in which it is worked or only with the consent of the patentee (or the patentee and the exclusive licensee in the case of a non-exclusive license on an exclusive license).



		(2) A non-exclusive licensee may, except in the case of a non-exclusive license resulting from an arbitration decision under Section 83(2), 92(3) or (4) or 93(2) of this Law, Section 22(3) of the Utility Model Law or Section 33(3) of the Design Law, establish a pledge on the non-exclusive license, but only with the consent of the patentee (or the patentee and exclusive licensee in the case of a non-exclusive license on an exclusive license).



		(3) A non-exclusive license resulting from an arbitration decision under Section 83(2) or 93(2) may be transferred only together with the business in which it is worked.



		(4) A non-exclusive license resulting from an arbitration decision under Section 92(3) of this Law, Section 22(3) of the Utility Model Law or Section 33(3) of the Design Law shall be transferred together with the patent, utility model or design right to which the non-exclusive license is entitled, and if such right has been transferred independently from the business in which it is worked or extinguished, the non-exclusive license shall be extinguished simultaneously.



		(5) A non-exclusive license resulting from an arbitration decision under Section 92(4) shall be transferred together with the patent, utility model or design right to which the non-exclusive license is entitled and shall be extinguished at the same time as the patent, utility model right or design right.



		(6) Section 73(1) shall apply mutatis mutandis to non-exclusive license.



		Pledges



		95. Where a patent right or an exclusive or non-exclusive license is the subject of a pledge, the pledgee may not work the patented invention unless otherwise prescribed by contract.



		96. A pledge on a patent right or an exclusive or non-exclusive license may be exercised against the remuneration received as consideration for the patent right or the license or against money or goods that the patentee or exclusive licensee would be entitled to receive for the working of the patented invention. However, an attachment order shall be obtained prior to the payment or delivery of the money or property.



		Surrender of Patent Right, etc.



		97.—(1) Where there is an exclusive licensee, pledgee or non-exclusive licensee under Section 35(1), 77(4) or 78(1), a patentee may surrender his patent right only with the consent of such person.



		(2) Where there is a pledgee or non-exclusive licensee under Section 77(4), an exclusive licensee may surrender his license only with the consent of such person.



		(3) Where there is a pledgee, a non-exclusive licensee may surrender his license only with the pledgee’s consent.



		Effects of Registration



		98.—(1) The following shall be of no effect unless they are registered:



		(i) transfers (except those by inheritance or other general succession), extinguishment by surrender or restrictions on disposal of a patent right;



		(ii) the grant, transfer (except those by inheritance or other general succession), modification or extinguishment (except those resulting from a merger or the extinguishment of the patent right) of an exclusive license, or a restriction on the disposal thereof;



		(iii) the grant, transfer (except those by inheritance or other general succession), modification or extinguishment (except those resulting from a merger or the extinguishment of a secured credit) of a pledge on a patent right or exclusive license, or a restriction on the disposal thereof.



		(2) Inheritance or other general succession under any of the preceding paragraphs shall be notified to the Commissioner of the Patent Office without delay.



		99.—(1) Once a non-exclusive license has been registered, it shall also be effective against anyone subsequently acquiring the patent right or the exclusive license or an exclusive license on such a patent right.



		(2) A non-exclusive license under Section 35(1), 79, 80(1), 81, 82(1) or 176 shall be effective as under the preceding subsection without registration.



		(3) The transfer, modification, extinguishment or restriction on disposal of a non-exclusive license or the grant, transfer, modification, extinguishment or restriction on disposal of a pledge relating to a non-exclusive license shall not be effective against any third party unless it is registered.



		2. Infringement