Contents
History
Chapter I General Provisions
Article 1
(Purpose)
Article 2
(Definitions)
(2)
(3)
(4)
Article 3
(Calculation of time periods)
(2)
Article 4
(Extension of time limits, etc.)
Article 5
(2)
Article 6
(Capacity of associations, etc. which are not juridical persons to undertake procedures)
(2)
Article 7
(Capacity of minors or adult wards etc. to undertake procedures)
(2)
(3)
(4)
Article 8
(Patent administrators for overseas residents)
(2)
Article 9
(Scope of authority of representation)
Article 10
Article 11
(No extinction of authority of representation)
Article 12
(Independent representation by representatives)
Article 13
(Replacement of representatives, etc.)
(2)
(3)
(4)
Article 14
(Mutual representation of multiple parties in the case)
Article 15
(Jurisdiction over overseas residents)
Article 16
(Ratification of acts of persons lacking legal capacity)
(2)
(3)
(4)
Article 17
(Amendment of proceedings)
(2)
(3)
(4)
Article 17-2
(Amendment of Description, Claim or Drawing attached to the application)
(2)
(3)
(4)
(5)
(6)
Article 17-3
(Amendment of abstract)
Article 17-4
(Amendment of corrected description, scope of claims or drawings)
(2)
Article 18
(Dismissal of procedures)
(2)
Article 18-2
(Dismissal of unlawful procedure)
(2)
Article 19
(Effective time of submission of application)
Article 20
(Succession of effects of procedures)
Article 21
(Continuation of procedures)
Article 22
(Suspension or termination of procedures)
(2)
Article 23
(2)
(3)
Article 24
Article 25
(Enjoyment of rights by foreign nationals)
Article 26
(Effect of treaties)
Article 27
(Registration in the patent registry)
(2)
(3)
Article 28
(Issuance of certificate of patent)
(2)
Chapter II Patents and Patent Applications
Article 29
(Conditions for Patentability)
(2)
Article 29-2
Article 30
(Exception to lack of novelty of invention)
(2)
(3)
(4)
Article 31
Article 32
(Unpatentable inventions)
Article 33
(Right to obtain patent)
(2)
(3)
Article 34
(2)
(3)
(4)
(5)
(6)
(7)
Article 35
(Inventions by Employees)
(2)
(3)
(4)
(5)
Article 36
(Patent applications)
(2)
(3)
(4)
(5)
(6)
(7)
Article 36-2
(2)
(3)
(4)
Article 37
Article 38
(Joint applications)
Article 39
(Prior application)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
Article 40
Article 41
(Priority claim based on patent application, etc.)
(2)
(3)
(4)
Article 42
(Withdrawal, etc. of earlier application)
(2)
(3)
Article 43
(Procedures for a priority claim under the Paris Convention)
(2)
(3)
(4)
(5)
Article 43-2
(Priority claims recognized under the Paris Convention)
(2)
(3)
Article 44
(Division of patent applications)
(2)
(3)
(4)
(5)
(6)
Article 45
Article 46
(Conversion of application)
(2)
(3)
(4)
(5)
Article 46-2
(Patent applications based on utility model registration)
(2)
(3)
(4)
(5)
Chapter III Examination
Article 47
(Examination by examiner)
(2)
Article 48
(Exclusion of examiners)
Article 48-2
(Examination of patent applications)
Article 48-3
(Request for examination of application)
(2)
(3)
(4)
Article 48-4
Article 48-5
(2)
Article 48-6
(Preferential examination)
Article 48-7
(Notice of statement of information concerning invention known to the public through publication)
Article 49
(Examiner's decision of refusal)
Article 50
(Notice of reasons for refusal)
Article 50-2
(Notice to the effect that the reasons for refusal stated therein are the same as those stated in the previous notice)
Article 51
(Examiner's decision to the effect that a patent is to be granted)
Article 52
(Formal requirements for decision)
(2)
Article 53
(Dismissal of amendments)
(2)
(3)
Article 54
(In relation to litigation)
(2)
Articles 55 through 63
Chapter III-2 Laying Open of Applications
Article 64
(Laying open of applications)
(2)
(3)
Article 64-2
(Request for laying open of a patent application)
(2)
Article 64-3
Article 65
(Effect of the laying open of applications)
(2)
(3)
(4)
(5)
Chapter IV Patent Rights
Section 1 Patent Rights
Article 66
(Registration of establishment of a patent right)
(2)
(3)
(4)
Article 67
(Duration of patent rights)
(2)
Article 67-2
(Registration of extension of duration)
(2)
(3)
(4)
(5)
(6)
Article 67-2-2
(2)
(3)
Article 67-3
(2)
(3)
(4)
Article 67-4
Article 68
(Effect of patent right)
Article 68-2
(Effect of patent right in the case of duration extension)
Article 69
(Limitations of patent right)
(2)
(3)
Article 70
(Technical scope of patented invention)
(2)
(3)
Article 71
(2)
(3)
(4)
Article 71-2
(2)
Article 72
(Related to patented inventions, etc., by others)
Article 73
(Jointly owned patent rights)
(2)
(3)
Articles 74 and 75
Article 76
(Lapse of patent rights in absence of heir)
Article 77
(Exclusive license)
(2)
(3)
(4)
(5)
Article 78
(Non-exclusive license)
(2)
Article 79
(Non-exclusive license based on prior use)
Article 80
(Non-exclusive license due to the working of the invention prior to the registration of the request for a trial for patent invalidation)
(2)
Article 81
(Non-exclusive license after expiration of duration of design right)
Article 82
(2)
Article 83
(Award granting non-exclusive license where invention is not worked)
(2)
Article 84
(Submission of a written answer)
Article 85
(Hearing of opinions of councils, etc.)
(2)
Article 86
(Formal requirements for award)
(2)
Article 87
(Service of certified copy of award)
(2)
Article 88
(Deposit of consideration)
Article 89
(Loss of effect of award)
Article 90
(Rescission of award)
(2)
Article 91
Article 91-2
(Restriction on grounds for objection to award)
Article 92
(Award granting non-exclusive license to work own patented invention)
(2)
(3)
(4)
(5)
(6)
(7)
Article 93
(Award granting non-exclusive license for public interest)
(2)
(3)
Article 94
(Transfer, etc. of non-exclusive license)
(2)
(3)
(4)
(5)
(6)
Article 95
(Right of pledge)
Article 96
Article 97
(Waiver of patent right, etc.)
(2)
(3)
Article 98
(Effect of registration)
(2)
Article 99
(2)
(3)
Section 2 Infringement of rights
Article 100
(Right to seek injunction)
(2)
Article 101
(Acts Deemed to constitute infringement)
Article 102
(Presumption of Amount of Damage, etc.)
(2)
(3)
(4)
Article 103
(Presumption of negligence)
Article 104
(Presumption of (patented) producing process)
Article 104-2
(Obligation to clarify the specific conditions (of infringement))
Article 104-3
(Restriction on exercise of rights of patentee, etc.)
(2)
Article 105
(Production of documents, etc.)
(2)
(3)
(4)
Article 105-2
(Expert opinion for calculation of damages)
Article 105-3
(Determination of reasonable damages)
Article 105-4
(Protective order)
(2)
(3)
(4)
(5)
Article 105-5
(Rescission of protective order)
(2)
(3)
(4)
(5)
Article 105-6
(Notice, etc. of a request inspection of record, etc)
(2)
(3)
Article 105-7
(Ban on open examination of parties, etc.)
(2)
(3)
(4)
(5)
Article 106
(Measures to restore credibility)
Section 3 Patent Fees
Article 107
(Patent fees)
(2)
(3)
(4)
(5)
Article 108
(Time limit for payment of patent fees)
(2)
(3)
Article 109
(Reduction, exemption or deferment of patent fees)
Article 110
(Payment of patent fees by interested persons)
(2)
Article 111
(Refund of patent fees)
(2)
Article 112
(Late payment of patent fees)
(2)
(3)
(4)
(5)
(6)
Article 112-2
(Restoration of patent right by late payment of patent fees)
(2)
Article 112-3
(Restriction on effect of restored patent right)
(2)
Chapter V (Deleted)
Articles 113 through 120
Chapter VI Trial
Article 121
(Trial against examiner's decision of refusal)
(2)
Article 122
Article 123
(Trial for patent invalidation)
(2)
(3)
(4)
Article 124
Article 125
Article 125-2
(Trial for invalidation of a registration of extension of duration)
(2)
(3)
Article 126
(Trial for correction)
(2)
(3)
(4)
(5)
(6)
Article 127
Article 128
Articles 129 and 130
Article 131
(Formal requirements of request for trial)
(2)
(3)
Article 131-2
(Amendment of request for trial)
(2)
(3)
(4)
Article 132
(Joint trial)
(2)
(3)
(4)
Article 133
(Dismissal by ruling in the case of non-compliance with formal requirements)
(2)
(3)
(4)
Article 133-2
(Dismissal of unlawful procedures)
(2)
(3)
Article 134
(Submission of a written answer, etc.)
(2)
(3)
(4)
Article 134-2
(Request for correction in a trial for patent invalidation)
(2)
(3)
(4)
(5)
Article 134-3
(Request for correction where rescission judgment, etc. is rendered)
(2)
(3)
(4)
(5)
Article 135
(Dismissal of inadequate request for trial by trial decision)
Article 136
(Panel system for trial)
(2)
(3)
Article 137
(Designation of trial examiners)
(2)
Article 138
(Chief trial examiner)
(2)
Article 139
(Exclusion of trial examiners)
Article 140
Article 141
(Recusation to trial examiner)
(2)
Article 142
(Formal requirements for a motion requesting exclusion or recusation)
(2)
Article 143
(Ruling on motion requesting exclusion or recusation)
(2)
(3)
Article 144
Article 144-2
(Trial Clerk)
(2)
(3)
(4)
(5)
Article 145
(Procedure of Proceedings)
(2)
(3)
(4)
(5)
Article 146
Article 147
(Trial Records)
(2)
(3)
Article 148
(Intervention)
(2)
(3)
(4)
(5)
Article 149
(2)
(3)
(4)
(5)
Article 150
(Examination and preservation of evidence)
(2)
(3)
(4)
(5)
(6)
Article 151
Article 152
(Ex officio proceedings)
Article 153
(2)
(3)
Article 154
(Joint or separate conduct of proceedings)
(2)
Article 155
(Withdrawal of request for trial)
(2)
(3)
Article 156
(Notice of conclusion of proceedings)
(2)
(3)
Article 157
(Trial decision)
(2)
(3)
Article 158
(Special provisions regarding trials against examiner's decision of refusal)
Article 159
(2)
(3)
Article 160
(2)
(3)
Article 161
Article 162
Article 163
(2)
(3)
Article 164
(2)
(3)
Article 165
(Special provisions for trials for correction)
Article 166
Article 167
(Effect of trial decision)
Article 168
(In relation to litigation)
(2)
(3)
(4)
(5)
(6)
Article 169
(Burden of costs of trial)
(2)
(3)
(4)
(5)
(6)
Article 170
(Enforceability of ruling on amount of costs)
Chapter VII Retrial
Article 171
(Request for retrial)
(2)
Article 172
(2)
Article 173
(Time limit for request for retrial)
(2)
(3)
(4)
(5)
(6)
Article 174
(Application mutatis mutandis of provisions regarding trial, etc.)
(2)
(3)
(4)
Article 175
(Restriction on effect of patent right restored by retrial)
(2)
Article 176
Article 177
Chapter VIII Litigation
Article 178
(Actions against trial decisions, etc.)
(2)
(3)
(4)
(5)
(6)
Article 179
(Appropriate party as defendant)
Article 180
(Notice of institution of action)
Article 180-2
(Opinion of the Commissioner of the Patent Office in litigation rescinding the trial decision)
(2)
(3)
Article 181
(Rescission of the trial decision or ruling)
(2)
(3)
(4)
(5)
Article 182
(Delivery of original copy of judgment)
Article 182-2
(Composition of panel)
Article 183
(Action against amount of compensation)
(2)
Article 184
(Appropriate party as defendant)
Article 184-2
(Relationship between (administrative) objection and litigation)
Chapter IX Special Provisions Concerning International Applications under the Patent Cooperation Treaty
Article 184-3
(Patent application based on international application)
(2)
Article 184-4
(Translations of international patent application in foreign language)
(2)
(3)
(4)
(5)
Article 184-5
(Submission of documents and order to amend procedures)
(2)
(3)
Article 184-6
(Effect, etc. of application, description, etc. of international application)
(2)
(3)
Article 184-7
(Amendment under Article 19 of the Treaty with regard to patent application in Japanese language)
(2)
(3)
Article 184-8
(Amendment under Article 34 of the Treaty)
(2)
(3)
(4)
Article 184-9
(National publication, etc.)
(2)
(3)
(4)
(5)
(6)
(7)
Article 184-10
(Effect etc., of international publication and National Publication)
(2)
Article 184-11
(Special provisions concerning patent administrators for overseas residents)
(2)
(3)
Article 184-12
(Special provisions concerning amendment)
(2)
(3)
Article 184-13
(Special provision concerning patentability)
Article 184-14
(Special provision concerning exception to lack of novelty of invention)
Article 184-15
(Special provisions concerning priority claim based on a patent application, etc.)
(2)
(3)
(4)
Article 184-16
(Special provision concerning conversion of application)
Article 184-17
(Restriction on the time for request for examination of application)
Article 184-18
(Provisions for reasons for refusal, etc.)
Article 184-19
(Special provisions concerning correction)
Article 184-20
(International application deemed to be patent application by decision)
(2)
(3)
(4)
(5)
(6)
Chapter X Miscellaneous Provisions
Article 185
(Special provisions for patent or patent right covering two or more claims)
Article 186
(Request for certificate, etc.)
(2)
(3)
(4)
Article 187
(Mark of Patent)
Article 188
(Prohibition of false marking)
Article 189
(Service)
Article 190
Article 191
(2)
(3)
Article 192
(2)
(3)
Article 193
(Patent Gazette)
(2)
Article 194
(Submission of documents, etc.)
(2)
Article 195
(Fees)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
Article 195-2
(Reduction of or exemption from fees for request for examination of application)
Article 195-3
(Exclusion of application of Administrative Procedures Act)
Article 195-4
(Restriction on appeals under Administrative Appeal Act)
Chapter XI Penal Provisions
Article 196
(Crime of infringement)
Article 196-2
Article 197
(Crime of fraud)
Article 198
(Crime of false marking)
Article 199
(Crime of perjury, etc.)
(2)
Article 200
(Crime of divulging secrets)
Article 200-2
(Crime of breach of protective order)
(2)
(3)
Article 201
(Dual liability)
(2)
(3)
Article 202
(Civil fine)
Article 203
Article 204
Appended Table