Article 1The purpose of this Act is to encourage the creation of devices by enabling the protection and utilization of devices associated with the shape or structure of an article or with the combination of articles, and thereby to contribute to the development of industries.

Article 2(1)The term "device" as used in this Act refers to the creation of technical ideas utilizing the laws of nature.

(2)The term "registered utility model" as used in this Act means a device for which a utility model registration has been granted.

(3)The term "work" as used in this Act with regard to a device means an act of manufacturing, using, transferring, leasing, exporting or importing, or offering to transfer or lease (including an act of displaying an article for the purpose of transfer or lease, the same applies hereinafter) an article associated with the device.

Article 2-2(1)A person undertaking procedures connected with the registration of a utility model, such as the filing of an application for utility model registration or a request of utility model registration (hereinafter simply referred to as "procedures") may make an amendment thereto only while the case is pending before the Japan Patent Office; provided, however, that the person may not make an amendment to the description, the scope of claims for a utility model registration, drawings, or abstract accompanying the application or a document provided in Article 43, paragraph (1) of the Patent Act (Act No.121 of 1959) as applied mutatis mutandis pursuant to Article 8, paragraph (4) or Article 11, paragraph (1) (including as applied mutatis mutandis pursuant to Article 43-2, paragraph (2) as applied mutatis mutandis pursuant to Article 11, paragraph (1) (including as applied mutatis mutandis pursuant to Article 43-3, paragraph (3) of the relevant Act as applied mutatis mutandis pursuant to Article 11, paragraph (1)) and Article 43-3, paragraph 3 of the relevant Act) after a period specified by Order of the Ministry of Economy, Trade and Industry has elapsed.

(2)An amendment to the description, scope of claims for a utility model registration, or drawings pursuant to the provisions of the main clause of paragraph (1) must be made within the scope of matters stated in the description, scope of claims for a utility model registration, or drawings originally accompanying the application.

(3)Notwithstanding the provisions of paragraph (1), a corrected description, scope of claims for a utility model registration, or drawings accompanying a written correction with respect to a correction referred to in Article 14-2, paragraph (1) may not be amended.

(4)In the following cases, the Commissioner of the Japan Patent Office may order that an amendment of procedures be made by specifying a reasonable period of time:

(5)A written amendment (except in the case of a payment of registration fees or other fees) must be submitted for any procedures to be amended.

Article 2-3The Commissioner of the Japan Patent Office may dismiss the procedures if the person ordered to make an amendment of procedures under the provisions of paragraph (4) of the preceding Article, Article 6-2, or Article 14-3 fails to make the amendment within a period designated under the relevant provisions.

Article 2-4(1)An association or foundation that is not a corporation but for which a representative or an administrator has been designated may, in its own name, undertake any of the following procedures:

(2)An association or foundation that is not a corporation but for which a representative or an administrator has been designated may, in its name, receive a request for retrial against the final and binding trial decision.

Article 2-5(1)The provisions of Article 3 and Article 5 of the Patent Act apply mutatis mutandis to the periods and dates provided in this Act.

(2)The provisions of Articles 7 through 9, Articles 11 through 16, and Articles 18-2 through 24 of the Patent Act apply mutatis mutandis to procedures.

(3)The provisions of Article 25 of the Patent Act apply mutatis mutandis to utility model rights and other rights relating to utility model registrations.

(4)The provisions of Article 26 of the Patent Act apply mutatis mutandis to utility model registrations.

Article 3(1)A person who created a device that relates to the shape or structure of an article or a combination of articles and is industrially applicable may obtain a utility model registration for the relevant device, excluding the following devices:

(2)Notwithstanding the preceding paragraph, a person may not obtain a utility model registration, if a person having ordinary skill in the art of the device could have easily created the device prior to the filing of the application for a utility model registration, based on any device listed in any of the items of the preceding paragraph.

Article 3-2If a device claimed in an application for utility model registration is identical with a device or an invention (in the case a person who created the device or invention is the same with the creator of the device claimed in the relevant application for utility model registration, excluding the device or invention) stated in the description, scope of claims for a utility model registration or scope of claims for a patent, or drawings (in the case of the written application in foreign language referred to in Article 36-2, paragraph (2) of the Patent Act, the document in foreign language referred to in Article 36-2, paragraph (1)) originally accompanying the application of another application for utility model registration or for patent application which has been filed prior to the filing date of the relevant application for utility model registration and published after the filing of the relevant application for utility model registration in the utility model gazette under the provisions of Article 14, paragraph (3) (hereinafter the "utility model gazette") or in the patent gazette under the provisions of Article 66, paragraph (3) of the Patent Act stating matters listed in each of the items of the respective paragraph or for which the patent application has been laid open, a utility model registration is not be granted for such device notwithstanding the provisions of paragraph (1) of the preceding Article; provided, however, this does not apply if, at the time of the filing of the relevant application for utility model registration, the applicant of the relevant application and the applicant of the other application for utility model registration or for patent are the same person.

Article 4Notwithstanding the provisions of Article 3, paragraph (1), any device that may harm public order, morals, or public health may not obtain a utility model registration.

Article 4-2(1)A person that has the right to obtain a utility model registration may grant another person a provisional non-exclusive license under the utility model rights that the person is to obtain based on the right to have that utility model registered, within the scope of the matters indicated in the description, scope of claims for a utility model registration, or drawings originally accompanying the application of the application for the utility model registration.

(2)If a registration establishing utility model rights has been made in connection with an application for utility model registration to which a provisional non-exclusive license under the provisions of the preceding paragraph is linked, a non-exclusive license is deemed to have been granted under those utility model rights to the person that has that provisional non-exclusive license, to the extent permitted by the act establishing the provisional non-exclusive license.

(3)The provisions of Article 33, paragraphs (2) and (3), Article 34-3, paragraphs (4) through (6), and paragraphs (8) through (10), and Article 34-5 of the Patent Act apply mutatis mutandis to provisional non-exclusive licenses.In this case, the phrases "Article 46, paragraph (1) with regard to an application for utility model registration to which a provisional non-exclusive license under the provisions of Article 4-2, paragraph (1) of the Utility Model Act is linked" in Article 34-3, paragraph (8) of the relevant Act and "Article 46, paragraph (2)" in paragraph (9) of the relevant Article are deemed to be replaced with "Article 10, paragraph (1) of the Utility Model Act with regard to a patent application to which a provisional non-exclusive license under the provisions of paragraph (1) or paragraph (4) of the preceding Article is linked" and "Article 10, paragraph (2) of the Utility Model Act," respectively.

Article 5(1)A person seeking a utility model registration must submit an application to the Commissioner of the Japan Patent Office stating the following particulars:

(2)A description, scope of claims for a utility model registration, drawings and an abstract must accompany the application.

(3)A description referred to in the preceding paragraph must state the following particulars:

(4)The detailed description of the device referred to in item (iii) of the preceding paragraph must be clear and sufficient so as to enable a person having ordinary skill in the art of the device to work the device as provided by Order of the Ministry of Economy, Trade and Industry.

(5)The applicant must state in the scope of claims for a utility model registration referred to in paragraph (2) all the particulars that the applicant finds to be necessary for identifying the device for which the applicant intends to obtain a utility model registration, separately for each claim.In this case, this does not preclude the device under one claim from being the same as the device under another claim.

(6)The description of the scope of claims for a utility model registration referred to in paragraph (2) must comply with each of the following items:

(7)The abstract referred to in paragraph (2) must summarize the device stated in the description, scope of claims for a utility model registration, or drawings, and any other matters specified by Order of the Ministry of Economy, Trade and Industry.

Article 6A single application for utility model registration may be filed for two or more devices provided that these devices fall under a group of devices recognized as fulfilling the requirements of the unity of devices based on their technical relationship specified by Order of the Ministry of Economy, Trade and Industry.

Article 6-2The Commissioner of the Japan Patent Office may order the applicant to make an amendment to the description, scope of claims for a utility model, or drawings accompanying an application, specifying a reasonable period of time, if the application for utility model registration falls under any of the following items:

Article 7(1)If two or more applications for utility model registration have been filed with regard to the same device on different dates, only the applicant that filed the application on the earliest date may obtain a utility model registration for the claimed device.

(2)If two or more applications for utility model registration have been filed with regard to the same device on the same date, none of the applicants is able to obtain a utility model registration for the claimed device.

(3)If a device claimed in an application for utility model registration and the invention claimed in a patent application are identical and the applications for the utility model registration and the patent application are filed on different dates, the applicant for the utility model registration may obtain a utility model registration for the claimed device, only if the application for the utility model registration is filed before the patent applicant files the patent application.

(4)If an application for utility model registration or a patent application has been abandoned, withdrawn, or dismissed, in applying the provisions of the preceding three paragraphs, the application for utility model registration or a patent application is deemed not to have been filed.

(5)If the examiner's decision or trial or appeal decision to reject a patent application has become final and binding, for the purpose of applying the provisions of paragraph (3), the patent application is to be deemed not to have been filed; provided, however, that this does not apply to cases where the examiner's decision or trial or appeal decision to reject the patent application has become final and binding on the ground that the second sentence of Article 39, paragraph (2) of the Patent Act is applicable to the relevant patent application.

(6)If no agreement is reached by discussions made under Article 39, paragraph (4) of the Patent Act or discussion cannot be held, the applicant for a utility model registration is not able to obtain a utility model registration for the device claimed.

Article 8(1)Except in the following cases, a person who seeks to obtain a utility model registration may claim priority for a device claimed in the application for a utility model registration, based on a device stated in the description or scope of claims for a utility model registration or patent claim, or drawings (in the case the earlier application was an application in a foreign language referred to in Article 36-2, paragraph (2) of the Patent Act, the document in a foreign language referred to in paragraph (1) of that Article) originally accompanying the application of an earlier application filed for a utility model registration or patent for which the relevant person holds the right to obtain registration (hereinafter referred to as "earlier application"): provided however, that if there is a person who holds a provisional exclusive license with regard to the earlier application, priority may be claimed only if the consent of the person is obtained at the time of filing the relevant application for the utility model registration:

(2)Among devices claimed in an application for utility model registration containing a priority claim under the provisions of the preceding paragraph, for those that are stated in the description, scope of claims for a utility model registration or patent, or drawings (in the case where the earlier application was an application in foreign language referred to in Article 36-2, paragraph (2) of the Patent Act, the document in foreign language referred to in paragraph (1) of the relevant Article) originally accompanying the application of the earlier application on which the priority claim is based (in the case where the earlier application contains a priority claim under the provisions of the preceding paragraph or Article 41, paragraph (1) of the Patent Act (including as applied mutatis mutandis pursuant to Article 43-3, paragraph (3) of that Act), or Article 43, paragraph (1) or Article 43-2, paragraph (1) or (2) of the Patent Act (including as applied mutatis mutandis pursuant to Article 11, paragraph (1) of that Act), excluding any device stated in any documents (limited to those equivalent to the description, scope of claims for a utility model registration or patent, or drawings) submitted at the time of the filing of the application on which the priority claim in the earlier application is based), the application for utility model registration is deemed to have been filed at the time when the earlier application was filed with respect to the application of the provisions of Article 3, the main clause of Article 3-2, Article 7, paragraphs (1) through (3), Article 30, paragraphs (1) and (2) of the Patent Act as applied mutatis mutandis pursuant to Article 11, paragraph (1), Article 17, Article 69, paragraph (2), item (ii) as applied mutatis mutandis pursuant to Article 26, Article 79, Article 81, Article 82, paragraph (1), and Article 39, paragraphs (3) and (4) and Article 72 of the Patent Act, Article 26, Article 31, paragraph (2) and Article 32, paragraph (2) of the Design Act (Act No. 125 of 1959), Article 29, Article 33-2, paragraph (3) and Article 33-3, paragraph (3) of the Trademark Act (Act No. 127 of 1959) (including as applied mutatis mutandis pursuant to Article 68, paragraph (3) of the Trademark Act).

(3)Among devices stated in the description, scope of claims for a utility model registration, or drawings originally accompanying the application in an application for utility model registration containing a priority claim under the provisions of paragraph (1), for those that are stated in the description, scope of claims for a utility model registration or patent, or drawings (in the case the earlier application was an application in foreign language referred to in Article 36-2, paragraph (2) of the Patent Act, the document in foreign language referred to in paragraph (1) of that Article) originally accompanying the application of the earlier application on which the priority claim is based (in the case the relevant earlier application contains a priority claim under the provisions of the preceding paragraph or Article 41, paragraph (1) of the Patent Act, Article 43-2, paragraph 1 (including as applied mutatis mutandis pursuant to Article 43-3, paragraph (3) of that Act) or Article 43-3, paragraph (1) or (2) of the Patent Act (including as applied mutatis mutandis under Article 11, paragraph (1) of this Act), excluding any device stated in any documents (limited to those equivalent to the description, scope of claims for a utility model registration or patent, or drawings) submitted at the time of the filing of the application on which the priority claim in the earlier application is based), the utility model gazette with regard to the earlier application is deemed to have been issued or the utility model application has been laid open at the time when the utility model gazette with regard to the relevant application for utility model registration was issued so as to apply the provisions of the main clause of Article 3-2 of the Utility Model Act or Article 29-2 of the Patent Act.

(4)A person seeking to claim priority under the provisions of paragraph (1) must submit to the Commissioner of the Japan Patent Office a document stating the fact and the indication of the earlier application within the period specified by Order of the Ministry of Economy, Trade and Industry.

Article 9(1)An earlier application on which a priority claim is based under the provisions of paragraph (1) of the preceding Article is deemed to have been withdrawn when a period specified by Order of the Ministry of Economy, Trade and Industry has elapsed from the filing date of the earlier application; provided, however, that this does not apply to the case where an earlier application has been abandoned, withdrawn or dismissed, if the examiner's decision or trial or appeal decision on the earlier application has become final and binding with regard to the application, where the establishment of the right for the earlier application provided in Article 14, paragraph (2) has been registered or where all of the claims of priority based on the earlier application have been withdrawn.

(2)An applicant who files an application for utility model registration containing a priority claim under the provisions of paragraph (1) of the preceding Article may not withdraw the priority claim after a period specified by Order of the Ministry of Economy, Trade and Industry has elapsed from the filing date of the earlier application.

(3)If an application for utility model registration containing a priority claim under the provisions of paragraph (1) of the preceding Article is withdrawn within a period specified by Order of the Ministry of Economy, Trade and Industry from the filing date of the earlier application, the priority claim is deemed to be withdrawn simultaneously.

Article 10(1)A patent applicant may convert their patent application (other than one that has been filed based on a utility model registration under the provisions of Article 46-2, paragraph (1) of the Patent Act (this includes patent applications deemed to have been filed at the time of the filing of the original patent application under the provisions of Article 44, paragraph (2) of that Act (including as applied mutatis mutandis pursuant to Article 46, paragraph (6) of the that Act))) into an application for utility model registration; provided, however, that this does not apply after three months from the date on which the certified copy of the examiner's initial decision rejecting the patent application was served or once nine years and six months have passed since the filing date of the patent application.

(2)An applicant for design registration may convert that application for design registration (other than an application for design registration deemed, pursuant to the provisions of Article 10-2, paragraph (2) of the Design Act as applied mutatis mutandis pursuant to Article 13, paragraph (6) of the Design Act, to have been filed at the time of the original patent application which was filed based on an application for utility model registration under the provisions of Article 46-2, paragraph (1) of the Patent Act (including applications for design registration deemed to have been filed at the time of the filing of the original application for design registration under the provisions of Article 10-2, paragraph (2) of the Design Act)) into an application for utility model registration; provided, however, that this does not apply after three months from the date the certified copy of the examiner's initial decision rejecting the application for design registration has been served, or nine years and six months have passed from the filing date of the application for design registration.

(3)If an application is converted under the provisions of the preceding two paragraphs, the application for utility model registration is deemed to have been filed at the time that the patent application or the application for design registration was filed; provided, however, that this does not apply to the application of these provisions if the application for utility model registration falls under another application for utility model registration provided in Article 3-2 of this Act or an application for utility model registration provided in Article 29-2 of the Patent Act, and to the application of the provisions of Article 30, paragraph (3) of the Patent Act as applied mutatis mutandis pursuant to paragraph (1) of the following Article.

(4)If an application is converted pursuant to the provisions of paragraph (1) or (2), in applying the provisions of Article 43, paragraph (2) of the Patent Act as applied mutatis mutandis pursuant to paragraph (1) of the following Article (including as applied mutatis mutandis pursuant to Article 43-2, paragraph (2) of the Patent Act as applied mutatis mutandis pursuant to paragraph (1) of the following Article (including as applied mutatis mutandis pursuant to Article 43-3, paragraph (3) of that Act) and as applied mutatis mutandis pursuant to Article 43-3, paragraph (3)), the term "within one year and four months from the earliest of the following dates" in Article 43, paragraph (2) of the Patent Act is replaced with "within one year and four months from the earliest of the following dates or three months from the filing date of the application for utility model registration related to the conversion of an application under the provisions of Article 10, paragraph (1) or (2) of the Utility Model Act, whichever comes later."

(5)If an application is converted pursuant to the provisions of paragraph (1) or (2), the patent application or the application for design registration is deemed to have been withdrawn.

(6)If the period prescribed in Article 121, paragraph (1) of the Patent Act is extended pursuant to the provisions of Article 4 of that Act, the three-month period provided in the proviso to paragraph (1) is deemed to have been extended only for that extended period.

(7)If the period prescribed in Article 46, paragraph (1) of the Design Act is extended pursuant to the provisions of Article 4 of the Patent Act as applied mutatis mutandis pursuant to Article 68, paragraph (1) of the Design Act, the three-month period provided in the proviso to paragraph (2) is deemed to have been extended only for that extended period.

(8)In converting an application prescribed in paragraph (1), any papers or documents that have been submitted in connection with the original patent application and that are required to be submitted in connection with a new application for utility model registration under the provisions of Article 30, paragraph (3) or Article 43, paragraphs (1) and (2) of the Patent Act as applied mutatis mutandis pursuant to Article 8, paragraph (4) or paragraph (1) of the following Article (including as applied mutatis mutandis pursuant to Article 43-2, paragraph (2) of the Patent Act as applied mutatis mutandis pursuant to paragraph (1) of the following Article (including as applied mutatis mutandis pursuant to Article 43-3, paragraph (3) of the Patent Act as applied mutatis mutandis pursuant to paragraph (1) of the following Article) and Article 43-3, paragraph 3) is deemed to have been submitted to the Commissioner of the Japan Patent Office simultaneously with the new application for utility model application.

(9)If there is a person who holds a provisional exclusive license in connection with a patent application, the patent applicant may convert that application pursuant to the provisions of paragraph (1) only with the consent of that person.

(10)The provisions of paragraph (8) apply mutatis mutandis to the conversion of an application pursuant to the provisions of paragraph (2).

Article 11(1)The provisions of Article 30 (Exception to the Lack of Novelty of Invention), Article 38 (Joint Applications), and Articles 43 and 44 (Procedure for a Priority Claim under the Paris Convention and Division of Patent Applications) of the Patent Act apply mutatis mutandis to applications for utility model registration.

(2)The provisions of Article 33 and Article 34, paragraph (1), paragraph (2), and paragraphs (4) through (7) (Right to Obtain a Patent) of the Patent Act apply mutatis mutandis to the right to obtain a utility model registration.

(3)The provisions of Article 35 (excluding the part with respect to provisional exclusive licenses) (Inventions by Employees) of the Patent Act apply mutatis mutandis to devices created by employees, officers of corporations, or national or local public employees.

Article 12(1)Any person may file a request with the Commissioner of the Japan Patent Office with respect to an application for utility model registration or a utility model registration, for a technical opinion about the device claimed in that application or about the registered utility model, as concerns what is provided in the provisions of Article 3, paragraph (1), item (iii) and paragraph (2) (limited to the opinion on the device as set forth in Article 3, paragraph (1), item (iii)), Article 3-2, and Article 7, paragraphs (1) through (3) and paragraph (6) (hereinafter referred to as "utility model technical opinion").In this case, in respect of applications or registered utility models that contain two or more claims, such a request may be filed for each claim.

(2)A request pursuant to the provisions of the preceding paragraph may be filed even after the utility model rights have ceased to exist; provided, however, that this does not apply if the utility model is invalidated in a trial for invalidation of utility model registration.

(3)Notwithstanding the provisions of the preceding two paragraphs, a request pursuant to the provisions of paragraph (1) may not be filed after a patent application under Article 46-2, paragraph (1) of the Patent Act which is based on that utility model registration is filed.

(4)When a request pursuant to the provisions of paragraph (1) is filed, the Commissioner of the Japan Patent Office must have an examiner prepare a written report on the technical opinion about a utility model (hereinafter referred to as a "report of utility model technical opinion").

(5)The provisions of Article 47, paragraph (2) of the Patent Act apply mutatis mutandis to the preparation of a report of utility model technical opinion.

(6)A request pursuant to the provisions of paragraph (1) may not be withdrawn.

(7)If after a request pursuant to the provisions of paragraph (1) was filed by a person that is neither the applicant for the utility model registration nor the holder of utility model rights, a patent application pursuant to the provisions of Article 46-2, paragraph (1) of the Patent Act is filed based on the utility model registration to which the request pertains (this includes a utility model registration linked to an application for utility model registration to which a request pursuant to the provisions of paragraph (1) pertains), the request is deemed not to have been filed. In such a case, the Commissioner of the Japan Patent Office must notify the requester of this.

Article 13(1)If a request for utility model technical opinion is filed prior to the issuance of the utility model gazette, the Commissioner of the Japan Patent Office must publish the fact in the utility model gazette either at the time of issuance of the utility model gazette or thereafter without delay, and when such a request is filed after the issuance of the utility model gazette, without delay after the issuance of the utility model gazette.

(2)If a request for utility model technical opinion is filed by a person that is neither the person applying for a utility model registration nor the holder of utility model rights, the Commissioner of the Japan Patent Office must notify the applicant of the application for utility model registration or the holder of utility model rights to that effect.

(3)Once a report of utility model technical opinion is prepared, the Commissioner of the Japan Patent Office must serve a certified copy on the requester if the requester is either the applicant of application for the utility model registration or the holder of utility model rights and must serve a certified copy of the report of utility model technical opinion on the requester and the applicant of application for the utility model registration or the holder of utility model rights, if the requester is neither the applicant of application for the utility model registration nor the holder of utility model rights.

Article 37(1)If a utility model registration falls under one of the following items, a demand for a trial for invalidation of utility model registration may be filed.In this case, if there are two or more claims, a demand for a trial for invalidation of utility model registration may be filed for each claim.

(2)Any person may file a demand for a trial for invalidation of utility model registration; provided, however, that if a demand is filed for a trial for invalidation of utility model registration on the grounds that the utility model registration falls under item (ii) of the preceding paragraph (limited to a case in which the utility model registration has been made in violation of Article 38 of the Patent Act as applied mutatis mutandis pursuant to Article 11, paragraph (1)) or item (v) of the preceding paragraph, only a person with the right to obtain a utility model registration for the device to which the utility model registration pertains may demand a trial.

(3)A demand for a trial for invalidation of utility model registration may be filed even after the utility model rights have ceased to exist.

(4)If a demand is filed for a trial for invalidation of utility model registration, the chief administrative judge must notify the exclusive licensee under the utility model rights and other persons with rights that have been registered in connection with those utility model rights of the fact.

Article 38(1)A person demanding a trial must submit a written demand stating the following information to the Commissioner of the Japan Patent Office:

(2)In the grounds for the demand that are set forth in item (iii) of the preceding paragraph, the facts that are the basis for invalidating the utility model registration must be concretely identified, and the relationship with the evidence for each fact required to be proved must be stated.

Article 38-2(1)The amendment of a written demand submitted pursuant to paragraph (1) of the preceding Article must not change the gist thereof; provided, however, that this does not apply if permission is granted by the chief administrative judge pursuant to the provisions of the following paragraph.

(2)If the amendment of the grounds for the demand set forth in paragraph (1), item (iii) of the preceding Article changes the gist thereof, the chief administrative judge may rule to permit the amendment if it is apparent that the amendment will not unreasonably delay the proceedings and the chief administrative judge finds that there are grounds that fall under one of the following items:

(3)Permission for an amendment referred to in the preceding paragraph may not be made if the written amendment for that amendment is submitted prior to the service of a copy of the written demand under the provisions of paragraph (1) of the following Article.

(4)No appeal may be filed against the ruling referred to in paragraph (2) or inaction thereof.

Article 39(1)Once a demand for trial or appeal is filed, the chief administrative judge must serve a copy of the written demand on the respondent and give the respondent an opportunity to submit a written answer by specifying a reasonable period of time.

(2)If the chief administrative judge permits the amendment of a written demand pursuant to the provisions of Article 38-2, paragraph (2), the judge must serve a copy of the written amendment on the respondent, and give the respondent an opportunity to submit a written answer by specifying a reasonable period of time; provided, however, that this does not apply if special circumstances exist under which it is recognized that giving the despondent an opportunity to submit a written answer is not necessary.

(3)Once the chief administrative judge accepts a written answer referred to in paragraph (1) or the main clause of the preceding paragraph, or once a correction referred to in Article 14-2, paragraph (1) or (7) has been made while a trial for invalidation of utility model registration is pending at the Japan Patent Office, the chief administrative judge must serve a copy of the written answer on the demandant.

(4)The chief administrative judge may question the parties and the intervenors in connection with the trial or appeal.

(5)If a patent application under the provisions of Article 46-2, paragraph (1) of the Patent Act is filed based on the utility model registration after a demand is filed for a trial for invalidation of utility model registration, the chief administrative judge must notify the demandant and the intervenors to that effect.

Article 39-2(1)A demand for trial or appeal may be withdrawn up until the time the trial decision becomes final and binding.

(2)Once the written answer referred to in paragraph (1) of the preceding Article has been submitted, the demand for trial or appeal may not be withdrawn without the consent of the adverse party.

(3)Notwithstanding the provisions of the preceding paragraph, if the demandant receives a notice under the provisions of paragraph (5) of the preceding Article, the demandant may withdraw the demand for trial or appeal but only within 30 days from the date on which the demandant received the notice.

(4)The provisions of Article 4 of the Patent Act apply mutatis mutandis to the period provided for in the preceding paragraph.In this case, the term "The Commissioner of the Japan Patent Office" in that Article is deemed to be replaced with "The chief administrative judge."

(5)Notwithstanding the provisions of paragraph (3), if the demandant is unable to withdraw the demand for trial or appeal within the period provided for in that paragraph due to reasons beyond the demandant's control, the demandant may file the demand within 14 days (or within two months, if the demandant is an overseas resident) from the date on which those reasons cease to exist, but no later than six months after the expiration of the period.

(6)If a demand for a trial for invalidation of utility model registration is filed in respect of two or more claims in a utility model registration related to two or more claims, the demand may be withdrawn for each claim.

Article 40(1)If it is found to be necessary during a trial or appeal, the trial or appeal proceedings may be suspended until a trial decision for another trial or appeal before the Japan Patent Office becomes final and binding or until civil litigation proceedings are concluded.

(2)If a civil action has been instituted or a motion has been filed for an order of provisional seizure or an order of provisional disposition and the court finds it to be necessary, the court may suspend civil litigation proceedings until a trial decision by the Japan Patent Office becomes final and binding.

(3)The court is to notify the Commissioner of the Japan Patent Office if a civil action is instituted with respect to the infringement of utility model rights or an exclusive license. The same applies once such litigation proceedings are concluded.

(4)If the Commissioner of the Japan Patent Office receives a notice under the preceding paragraph, the Commissioner is to notify the court of whether a demand for trial or appeal has been filed with the Japan Patent Office with regard to the utility model rights. The same applies when the Japan Patent Office issues a ruling dismissing the written demand for such a trial or appeal, or renders the trial decision, or if the demand for such a trial or appeal is withdrawn.

(5)If the court is notified pursuant to the preceding paragraph that a demand for a trial or appeal has been filed with regard to utility model rights, the court must notify the Commissioner of the Japan Patent Office of the fact if a document stating the method of allegation or defense pursuant to the provisions of Article 104-3, paragraph (1) of the Patent Act as applied mutatis mutandis pursuant to Article 30 has already been submitted in the litigation before that notice is given and must notify the Commissioner if the document is submitted for the first time after that notice is given.

(6)If the Commissioner of the Japan Patent Office receives a notice provided in the preceding paragraph, the Commissioner may request the court to deliver a copy of any documentary record of the court proceedings that the administrative judge finds to be necessary for the trial or appeal.

Article 41The provisions of Article 125, Articles 132 through 133-2, Articles 135 through 154, Article 156, paragraphs (1), (3) and (4), Article 157, Article 167, Article 167-2, Article 169, paragraphs (1), (2), (5) and (6), and Article 170 of the Patent Act apply mutatis mutandis to trials and appeals.In this case, the phrase "In a trial other than a trial for patent invalidation, when the case" in Article 156, paragraph (1) of that Act is deemed to be replaced with "When a case."

Article 42(1)A party or an intervenor may demand a retrial against a final and binding trial decision.

(2)The provisions of Article 338, paragraphs (1) and (2) and Article 339 (Grounds for Retrial) of the Code of Civil Procedure (Act No. 109 of 1996) apply mutatis mutandis to a demand for a retrial referred to in the preceding paragraph.

Article 43(1)If a demandant and respondent in a trial or appeal before the Japan Patent Office have conspired to bring about the trial decision with the aim of harming the rights or interests of a third party, the third party may demand a retrial against the final and binding trial decision.

(2)A demand for a retrial referred to in the preceding paragraph must be filed with the demandant and the respondent from the trial or appeal as the joint respondents.

Article 44(1)If utility model rights under an invalidated utility model registration are restored by retrial, they have no effect against an article covered by the registered utility model that was imported into or manufactured or acquired within Japan in good faith, after the trial decision became final and binding and before the demand for a retrial was registered.

(2)If utility model rights connected with an invalidated utility model registration are restored by retrial, they have no effect against the following actions performed after the trial decision became final and binding and before the demand for a retrial was registered:

Article 45(1)Article 173 (Period for Demanding a Retrial), Article 174, paragraphs (3) and (5) (Mutatis Mutandis Application of Provisions on Trials and Appeals), and Article 176 (Non-Exclusive License based on the Working of the Invention Prior to the Registration of the Request for a Retrial) of the Patent Act apply mutatis mutandis to retrials.In this case, the phrases "Article 131, paragraph (1), the main clause of Article 131-2, paragraph (1)," "Article 134, paragraphs (1), (3) and (4)" and "and Article 168" in Article 174, paragraph (3) of the Patent Act are deemed to be replaced with "Article 38, paragraph (1), the main clause of Article 38-2, paragraph (1) of the Utility Model Act", "Article 39, paragraphs (1), (3) and (4) of the Utility Model Act," and "Article 167-2, Article 40 of the Utility Model Act," respectively.

(2)The provisions of Article 4 of the Patent Act apply mutatis mutandis to the period provided for in Article 173, paragraph (1) of that Act as applied mutatis mutandis pursuant to the preceding paragraph.

Article 46Deleted

Article 47(1)The Tokyo High Court has exclusive jurisdiction over any action against a trial decision or a ruling dismissing a written request for a trial or appeal, or a retrial.

(2)The provisions of Article 178, paragraphs (2) through (6) (Statute of Limitations for Filing an Action), Articles 179 through 182-2 (Appropriate Party as Defendant; Notice of Filing of an Action; Opinion of the Commissioner of the Japan Patent Office in Litigation Rescinding a Trial Decision; Rescission of a Trial Decision or Ruling; Delivery of the Original Copy of the Judicial Decision and Composition of a Panel) of the Patent Act apply mutatis mutandis to an action referred to in the preceding paragraph.

Article 48(1)If a person that was granted an award referred to in Article 21, paragraph (2), Article 22, paragraph (3) or (4), or Article 23, paragraph (2) is not satisfied with the amount of consideration determined in the award, that person may institute an action demanding an increase or decrease in that amount.

(2)The provisions of Articles 183, paragraph (2) (Statute of Limitations for Filing an Action) and Article 184 (Appropriate Party as Defendant) of the Patent Act apply mutatis mutandis to an action referred to in the preceding paragraph.

Article 48-2Deleted

Article 48-3(1)An international application (limited to an application for utility model registration) to which an international filing date is accorded based on the provisions of Article 11 (1), Article 11 (2) (b), or Article 14 (2) of the Patent Cooperation Treaty signed in Washington on June 19, 1970 (hereinafter referred to as the "Treaty" in this Chapter) and which includes Japan as a designated State under Article 4 (1) (ii) of the Treaty is deemed to be an application for utility model registration filed on the international filing date.

(2)The provisions of Article 184-3, paragraph (2) (The Filing of a Patent Application Through an International Application) of the Patent Act apply mutatis mutandis to the filing of an international application that is deemed to be an application for utility model registration pursuant to the provisions of the preceding paragraph (hereinafter referred to as "international application for utility model registration").

Article 48-4(1)An applicant filing an international application for utility model registration in a foreign language (hereinafter referred to as "foreign language application for utility model registration") must submit Japanese translations of the description, claims, drawings (limited to the descriptive text in the drawings; hereinafter the same applies in this Article), and the abstract, provided for in Article 3 (2) of the Treaty, as they stand on the international filing date provided for in paragraph (1) of the preceding Article (hereinafter referred to as the "international filing date") to the Commissioner of the Japan Patent Office, within two years and six months (hereinafter referred to as the "period for the submission of national documents") from the priority date referred to in Article 2 (xi) of the Treaty (hereinafter referred to as the "priority date"); provided, however, that the applicant filing a foreign language application for utility model registration that has submitted the document provided for in paragraph (1) of the following Article between two months before the expiration of the period for submitting national documents and the expiration of that period (unless the translations have been submitted prior to the submission of those documents) may submit the relevant translations within two months from the date of submission of those documents (hereinafter referred to as the "exception period for the submission of translations").

(2)In the case referred to in the preceding paragraph, if the applicant filing the foreign language application for utility model registration makes an amendment based on the provisions of Article 19 (1) of the Treaty, the applicant may submit a translation of the amended claims in lieu of submitting a translation of the claims as provided in the preceding paragraph.

(3)If the translation of the description provided for in paragraph (1) and the translation of the claims provided for in the preceding two paragraphs (hereinafter referred to as the "translations of the description, etc.") have not been submitted within the period for submitting national documents (or, if the application is a foreign language application for utility model registration referred to in the proviso to paragraph (1), within the exception period for submitting translations; hereinafter the same applies in this Article), the international application for utility model registration is deemed to be withdrawn.

(4)If an applicant filing an international application for utility model registration that is deemed to be withdrawn pursuant to the provisions of the preceding paragraph has legitimate grounds for not having been able to submit the translation of the description, etc., within the period for submitting national documents, the applicant may submit the translation of the description, and the translations of the drawings and the abstract provided in paragraph (1) to the Commissioner of the Japan Patent Office within two months after the date on which the grounds cease to exist, but not later than one year after the expiration of the period for submitting national documents.

(5)Translations submitted under the provisions of the preceding paragraph are deemed to have been submitted to the Commissioner of the Japan Patent Office at a time just before the period for submitting national documents expires.

(6)If an applicant submitting the translation of the claims provided for in paragraph (1) makes an amendment based on the provisions of Article 19 (1) of the Treaty, the applicant may further submit a Japanese translation of the amended claims no later than the date on which the period for submitting national documents expires (or, if the applicant makes a request under the provisions of Article 23 (2) or Article 40 (2) of the Treaty within the period for submitting national documents (hereinafter referred to as "request for national processing"), at the time of filing the request for national processing (hereinafter referred to as "at the standard time for national processing")).

(7)The provisions of the main clause of Article 184-7, paragraph (3) of the Patent Act apply mutatis mutandis if the translation provided for in paragraph (2) or the preceding paragraph is not submitted.

Article 48-5(1)An applicant filing an international application for utility model registration must submit a document stating the following information to the Commissioner of the Japan Patent Office within the period for submitting national documents:

(2)In the following cases, the Commissioner of the Japan Patent Office may order that an amendment of procedures be made by specifying a reasonable period of time:

(3)The provisions of Article 184-5, paragraph (3) of the Patent Act apply mutatis mutandis to an amendment that is based on an order under the provisions of the preceding paragraph.

(4)An applicant filing an international application for utility model registration may not file a request for national processing, with respect to an international application for utility model registration filed in Japanese language (hereinafter referred to as a "Japanese language application for utility model registration") until after undertaking the procedure under paragraph (1), may not file a request for national processing with respect to a foreign language application for utility model registration until after undertaking procedures under the provisions of paragraph (1) and paragraph (1) of the preceding Article, and may not file a request for national processing with respect to both applications until after paying the registration fees to be paid pursuant to the provisions of Article 32, paragraph (1) and the provisions of Article 54, paragraph (2).

Article 48-6(1)The application in an international application for utility model registration as of the international filing date is deemed to be an application submitted pursuant to the provisions of Article 5, paragraph (1).

(2)The description as of the international filing date of a Japanese language application for utility model registration, or the translation of the description as of the international filing date of a foreign language application for utility model registration is deemed to be the description submitted with the application pursuant to the provisions of Article 5, paragraph (2); the utility model registration claims as of the international filing date of a Japanese language application for utility model registration or the translation of the claims as of the international filing date of a foreign language application for utility model registration are deemed to be the claims submitted with the application pursuant to the provisions of that paragraph; the drawings as of the international filing date of a Japanese language application for utility model registration, or the drawings (other than the descriptive text in the drawings) and the translation of the descriptive text in the drawings as of the international filing date of a foreign language application for utility model registration are deemed to be the drawings submitted with the application pursuant to the provisions of that paragraph; and the abstract of the Japanese language application for utility model registration or the translation of the abstract of a foreign language application for utility model registration is deemed to be the abstract submitted with the application pursuant to the provisions of that paragraph.

(3)Notwithstanding the provisions of the preceding paragraph, if a translation of the claims as amended based on the provisions of Article 19 (1) of the Treaty is submitted pursuant to the provisions of Article 48-4, paragraph (2) or (6), the claims are deemed to be the utility model registration claims submitted with the application by attaching the translation of the amended claims pursuant to the provisions of Article 5, paragraph (2).

Article 48-7(1)If an international application for utility model registration does not include a drawing on the international filing date, the applicant must submit the drawing to the Commissioner of the Japan Patent Office within the standard time for national processing.

(2)If a drawing as under the provisions of the preceding paragraph is not submitted within the standard time for national processing, the Commissioner of the Japan Patent Office may order the applicant filing the international application for utility model registration to submit the drawing by specifying a reasonable period of time.

(3)If a person ordered to submit a drawing pursuant to the provisions of the preceding paragraph does not submit the drawing within the period of time that the Commissioner of the Japan Patent Office has specified pursuant to the provisions of that paragraph, the Commissioner may dismiss the relevant international application for utility model registration.

(4)The submission of a drawing pursuant to the provisions of paragraph (1) or based on the order under the provisions of paragraph (2) (if a brief description of the drawing is submitted with the drawing, this means the submission of the drawing and the description) is deemed to be an amendment of procedures under the provisions of Article 2-2, paragraph (1). In such a case, the provisions of the proviso to Article 2-2, paragraph (1) do not apply.

Article 48-8(1)The provisions of the proviso to Article 2-2, paragraph (1) do not apply to an amendment that is deemed to be an amendment under the provisions of Article 184-7, paragraph (2) of the Patent Act as applied mutatis mutandis pursuant to Article 48-15, paragraph (1), and deemed to be an amendment under the provisions of Article 2-2, paragraph (1) pursuant to Article 184-8, paragraph (2) of the Patent Act.

(2)The provisions of the proviso to Article 2-2, paragraph (1) do not apply to the amendment of an international application for utility model registration based on the provisions of Article 28 (1) or Article 41 (1) of the Treaty.

(3)With regard to the allowable scope of amendment to the description, utility model registration claims, or drawings in a foreign language application for utility model registration, the phrase "the description, scope of claims of a utility model registration, or drawings originally accompanying the application" in Article 2-2, paragraph (2) is deemed to be replaced with "the description, claims, or drawings in the international application as of the international filing date referred to in Article 48-4, paragraph (1)."

(4)The provisions of Article 184-12, paragraph (1) of the Patent Act apply mutatis mutandis to the amendment of an international application for utility model registration based on the main clause of Article 2-2, paragraph (1) or based on the provisions of Article 28 (1) or Article 41 (1) of the Treaty.In this case, the term "Article 195, paragraph (2)" in Article 184-12, paragraph (1) of the Patent Act is deemed to be replaced with "registration fees required to be paid pursuant to the provisions of Article 32, paragraph (1) of the Utility Model Act and Article 54, paragraph (2) of that Act," and the phrase "has been paid, and the standard time for national processing has passed" is deemed to be replaced with "has been paid."

Article 48-9In applying the provisions of Article 3-2 to a case in which another application for utility model registration as provided in Article 3-2 or a patent application as provided in that Article is an international application for utility model registration or an international patent application referred to in Article 184-3, paragraph (2) of the Patent Act, the phrase "in another application for utility model registration or for patent application" in that Article is deemed to be replaced with "in another application for utility model registration or in a patent application (other than one that is a foreign language application for utility model registration referred to in Article 48-4, paragraph (1) of the Utility Model Act or a foreign language patent application referred to in Article 184-4, paragraph (1) of the Patent Act, and which is deemed to have been withdrawn pursuant to Article 48-4, paragraph (3) of the Utility Model Act or Article 184-4, paragraph (3) of the Patent Act)"; the term "the issuance or" in that Article is deemed to be replaced with "the issuance," the phrase "or the patent application has been laid open" is deemed to be replaced with "or the patent application has been laid open, or the international publication provided in Article 21 of the Patent Cooperation Treaty signed in Washington on June 19, 1970 is effected," and the phrase "the description, claims for a utility model registration, or drawings originally accompanying the written application" in that Article is deemed to be replaced with "the description, claims, or drawings in an international application, as of the international filing date referred to in Article 48-4, paragraph (1) of this Act or Article 184-4, paragraph (1) of the Patent Act."

Article 48-10(1)The provisions of the proviso to Article 8, paragraph (1), Article 8, paragraph (4), and Article 9, paragraph (2) do not apply to an international application for utility model registration.

(2)In applying the provisions of Article 8, paragraph (3) to a Japanese language application for utility model registration, the phrase "at the time that the application for utility model registration is published in the utility model gazette in which the utility model appears" in that paragraph is deemed to be replaced with "at the time that the application for the utility model registration is published in the utility model gazette in which the utility model appears or at the time that the international publication prescribed in Article 21 of the Patent Cooperation Treaty signed in Washington on June 19, 1970 is effected."

(3)In applying the provisions of Article 8, paragraph (3) to foreign language application for utility model registration, the phrase "in the description, scope of claims of utility model registration, or drawings originally accompanying the application for utility model registration" is deemed to be replaced with "in the description, claims, or drawings in an international application as of the international filing date referred to in Article 48-4, paragraph (1)," and the phrase "at the time that the application for the utility model registration is published in the utility model gazette in which the utility model appears" is deemed to be replaced with "at the time that the application for the utility model registration is published in the utility model gazette or at the time that the international publication prescribed in Article 21 of the Patent Cooperation Treaty signed in Washington on June 19, 1970 is effected."

(4)In applying the provisions of Article 8, paragraphs (1) through (3) and Article 9, paragraph (1), if an earlier application referred to in Article 8, paragraph (1) is an international application for a utility model registration or an international patent application referred to in Article 184-3, paragraph (2) of the Patent Act, the phrase "the description, scope of claims of a utility model registration or a patent claim, or drawings originally accompanying the application" in Article 8, paragraphs (1) and (2) is deemed to be replaced with "the description, claims, or drawings in an international application as of the international filing date referred to in Article 48-4, paragraph (1) or Article 184-4, paragraph (1) of the Patent Act," the phrase "the description, scope of claims of a utility model registration claim, a patent claim, or drawings originally accompanying the application in the earlier application" in Article 8, paragraph (3) is deemed to be replaced with "the description, claims, or drawings in an international application as of the international filing date referred to in Article 48-4, paragraph (1) or Article 184-4, paragraph (1) of the Patent Act," the phrase "has been laid open" in Article 8, paragraph (3) is deemed to be replaced with "the international publication provided in Article 21 of the Patent Cooperation Treaty signed in Washington on June 19, 1970 is effected," and the phrase "when a period specified by Order of the Ministry of Economy, Trade and Industry has elapsed from the application date" in Article 9, paragraph (1) is deemed to be replaced with "at the standard time for national processing referred to in Article 48-4, paragraph (6) or Article 184-4, paragraph (6) of the Patent Act or at the time when a period specified by Order of the Ministry of Economy, Trade and Industry has passed from the international filing date referred to in Article 48-4, paragraph (1) or Article 184-4, paragraph (1) of the Patent Act, whichever is later."

Article 48-11In converting an international application that is deemed to be a patent application pursuant to the provisions of Article 184-3, paragraph (1) or Article 184-20, paragraph (4) of the Patent Act to a Japanese language patent application for utility model registration, if the international application is a Japanese language patent application referred to in Article 184-6, paragraph (2), it may not be converted until the procedures in Article 184-5, paragraph (1) of that Act has been undertaken, or if the international application is a foreign language patent application referred to in Article 184-4, paragraph (1), it may not be converted until the procedures in that paragraph or paragraph (4) of that Article and of Article 184-5, paragraph (1) of the Act has been undertaken, and in both cases, the application may not be converted into an application for utility model registration until after the fees required to be paid pursuant to Article 195, paragraph (2) of that Act have been paid (or, if the international application is deemed to be a patent application pursuant to Article 184-20, paragraph (4) of that Act, until after the ruling provided for in that paragraph is made).

Article 48-12With respect to the payment of registration fees in connection with an international application for utility model registration for each year from the first to the third year, the phrase "at the same time as the filing of the application for the utility model registration" in Article 32, paragraph (1) is deemed to be replaced with "within the period for submitting national documents provided in Article 48-4, paragraph (1) (if a request for national processing prescribed in paragraph (6) of the that Article is filed, this means by the time the request for national processing is filed)."

Article 48-13In respect of a request for utility model technical opinion in connection with an international application for utility model registration, the term "Any person" in Article 12, paragraph (1) is deemed to be replaced with "After the standard time for national processing prescribed in Article 48-4, paragraph (6) has passed, any person."

Article 48-13-2With respect to a correction under the provisions of Article 14-2, paragraph (1) to a foreign language application for utility model registration, the phrase "the description, scope of claims of a utility model registration, or drawings originally accompanying the application" in paragraph (3) of that Article is deemed to be replaced with "the description, claims, or drawings in the international application as of the international filing date referred to in Article 48-4, paragraph (1)."

Article 48-14In respect of a trial for invalidation of utility model registration in connection with a foreign language application for utility model registration, the phrase "the utility model registration has been made on an application for utility model registration with an amendment that does not comply with the requirements provided for in Article 2-2, paragraph (2)" in Article 37, paragraph (1), item (i) is deemed to be replaced with "the matters stated in the description, scope of claims of a utility model registration, or drawings accompanying the application for a utility model registration in a foreign language as referred to in Article 48-4, paragraph (1) are not within the scope of the matters stated in the description, claims, or drawings in the international application as of the international filing date referred to in Article 48-4, paragraph (1)".

Article 48-15(1)The provisions of Articles 184-7 (Amendments based on Article 19 of the Treaty to a Japanese Language Patent Application) and Article 184-8, paragraphs (1) through (3) (Amendments based on Article 34 of the Treaty) of the Patent Act apply mutatis mutandis to the amendment of an international application for utility model registration based on the Treaty.In this case, the term "Article 17-2, paragraph (1)" in Article 184-7, paragraph (2) and Article 184-8, paragraph (2) is deemed to be replaced with "Article 2-2, paragraph (1) of the Utility Model Act."

(2)The provisions of Article 184-11 (Special Provisions on Patent Administrators for Overseas Residents) of the Patent Act apply mutatis mutandis to procedures connected with international applications for utility model registration.

(3)The provisions of Article 184-9, paragraph (6) and Article 184-14 of the Patent Act apply mutatis mutandis to international applications for utility model registration.

Article 48-16(1)If a refusal as provided in Article 25 (1) (a) of the Treaty or a declaration as provided in Article 25 (1) (a) or (b) of the Treaty has been made by a receiving Office referred to in Article 2 (xv) of the Treaty in relation to an international application referred to in Article 2 (vii) of the Treaty (limited to an application for utility model registration) that includes Japan as a designated State referred to in Article 4 (1) (ii) of the Treaty, or if a finding as provided in Article 25 (1) (a) of the Treaty has been made by the International Bureau referred to in Article 2 (xix) of the Treaty, an applicant filing an international application referred to in Article 2 (vii) of the Treaty may propose to the Commissioner of the Japan Patent Office, pursuant to Order of the Ministry of Economy, Trade and Industry, to make the decision provided for in Article 25 (2) (a) of the Treaty within the period specified by Order of the Ministry of Economy, Trade and Industry.

(2)A person making a proposal referred to in the preceding paragraph in connection with an international application that has been filed in a foreign language must submit Japanese translations of the description, claims, drawings (limited to the descriptive text in the drawings), and abstract and of other documents linked with the international application that are specified by Order of the Ministry of Economy, Trade and Industry to the Commissioner of the Japan Patent Office at the time of the proposal.

(3)If a proposal referred to in paragraph (1) is made, the Commissioner of the Japan Patent Office must decide whether the refusal, declaration, or finding to which the proposal pertains is justified in light of the provisions of the Treaty and the Regulations under the Patent Cooperation Treaty.

(4)If the Commissioner of the Japan Patent Office, pursuant to the preceding paragraph, decides that the refusal, declaration, or finding, referred to in that paragraph was not justified in light of the provisions of the Treaty and the Regulations under the Patent Cooperation Treaty, the international application subject to that decision is deemed to be an application for a utility model registration filed on the day which would have been accorded the international filing date if no such refusal, declaration, or finding had been made with respect to the international application.

(5)The provisions of Article 48-6, paragraphs (1) and (2), Article 48-7, Article 48-8, paragraph (3), Article 48-9, Article 48-10, paragraphs (1), (3) and (4), and Articles 48-12 through 48-14 of this Act, and Article 184-3, paragraph (2), Article 184-9, paragraph (6), Article 184-12, paragraph (1), and Article 184-14 of the Patent Act apply mutatis mutandis to international applications that are deemed to be an application for utility model registration pursuant to the provisions of the preceding paragraph.In this case, the technical replacement of the necessary terms for the mutatis mutandis application of the relevant provisions is specified by Cabinet Order.

Article 49(1)The following particulars are registered in the utility model register kept at the Japan Patent Office:

(2)The utility model register may be prepared, in whole or in part, on magnetic tape (this includes any other medium onto which certain information can be securely recorded by equivalent means; the same applies hereinafter).

(3)Beyond what is provided for in this Act, the necessary particulars for registration are prescribed by Cabinet Order.

Article 50(1)The Commissioner of the Japan Patent Office issues a certificate of utility model registration to the holder of utility model rights when the registration establishing the rights to the utility model is made, or if the transfer of the utility model rights has been registered based on the correction referred to in Article 14-2, paragraph (1) or on the request under the provisions of Article 17-2, paragraph (1).

(2)Order of the Ministry of Economy, Trade and Industry provides for the re-issuance of a certificate of utility model registration.

Article 50-2In applying the provisions of Article 12, paragraph (2), Article 14-2, paragraph (8) of this Act, Article 97, paragraph (1) or Article 98, paragraph (1), item (i) of the Patent Act as applied mutatis mutandis pursuant to Article 26 of this Act, Article 34, paragraph (1), item (iii), Article 37, paragraph (3), Article 125 of the Patent Act as applied mutatis mutandis pursuant to Article 41 of this Act, Article 132, paragraph (1) of the Patent Act as applied mutatis mutandis pursuant to Article 174, paragraph (3) of the Patent Act as applied mutatis mutandis pursuant to Article 41 or Article 45, paragraph (1) of this Act, Article 44 of this Act, Article 176 of the Patent Act as applied mutatis mutandis pursuant to Article 45, paragraph (1) of this Act, or Article 193, paragraph (2), item (v) of the Patent Act as applied mutatis mutandis pursuant to Article 49, paragraph (1), item (i) or Article 53, paragraph (2) of this Act to a utility model registration or utility model rights that cover two or more claims, the utility model registration is deemed to have been made, or the utility model rights are deemed to exist for each claim.

Article 51The holder of utility model rights, exclusive licensee, or non-exclusive licensee must endeavor to place an indication, pursuant to Order of the Ministry of Economy, Trade and Industry, to an article covered by the registered utility model or the packaging of that article showing that the article is covered by a registered utility model (hereinafter the indication is referred to as "indication of utility model registration").

Article 52It is prohibited for any person to take the following actions:

Article 53(1)The Japan Patent Office issues the utility model gazette.

(2)The provisions of Article 193, paragraph (2) (limited to the parts related to items (v) through (vii), item (ix), and item (x)) apply mutatis mutandis to the utility model gazette.

Article 54(1)The following persons must pay the amount of fees that Cabinet Order specifies in consideration of the actual costs:

(2)A person set forth in the center column of the Appended Table must pay the amount of fees that Cabinet Order specifies within the scope of the amount of money set forth in the right hand column of the table.

(3)The provisions of the preceding two paragraphs do not apply if the person that is required to pay the fee pursuant to those paragraphs is the national government.

(4)Notwithstanding the provisions of paragraph (1) or (2), if utility model rights or a right to obtain a utility model registration is held under the joint ownership of the national government and persons other than the national government and their respective shares have been agreed upon, the fee that is payable by the national government and persons other than the national government pursuant to the provisions of paragraph (1) or (2) in respect of their own utility model rights or right to obtain a utility model registration (limited to a fee specified by Cabinet Order other than the fee for requesting utility model technical opinion) is the amount arrived at by multiplying the fee provided for in those provisions by the percentage that represents the share of each person other than the national government, and the persons other than the national government must pay this amount.

(5)Notwithstanding the provisions of paragraph (2), if utility model rights or a right to obtain a utility model registration is held under joint ownership of persons including the national government or a person receiving a reduction or exemption under the provisions of paragraph (8) or any other laws and regulations from the fee for filing a request for utility model technical opinion (hereinafter referred to as "reduction or exemption" in this paragraph) and their respective shares have been agreed upon, the amount of the fee for filing a request for utility model technical opinion which is payable by those persons pursuant to paragraph (2) in respect of their utility model rights or right to obtain a utility model registration is the sum total arrived at by first multiplying, for each joint owner other than the national government, the applicable fee for filing a request for utility model technical opinion provided for in paragraph (2) (for a person receiving a reduction or exemption, this means the fee after reduction or exemption) by the percentage that represents that person's share, and then adding together the amounts so arrived at, and this sum total is the amount that the persons other than the national government must pay.

(6)If there is a fraction of less than 10 yen in the amount of the fees calculated pursuant to the preceding two paragraphs, that fraction is to be discarded.

(7)The payment of the fee referred to in paragraph (1) or (2) must be made by patent revenue stamps, pursuant to Order of the Ministry of Economy, Trade and Industry; provided, however, that cash payment may be made, if so specified by Order of the Ministry of Economy, Trade and Industry.

(8)If the person filing a request for utility model technical opinion on an device claimed in the application for utility model registration or on a registered utility model is the creator of that device claimed in that application for utility model registration, the creator of that registered utility model, or the heir of that creator, and the Commissioner of the Japan Patent Office finds that due to poverty, it would be difficult for the person to pay the fee that must be paid for filing the request for utility model technical opinion pursuant to the provisions of paragraph (2), the Commissioner may reduce that fee or exempt the person from paying the fee, pursuant to the provisions of Cabinet Order.

Article 54-2(1)If after a request for utility model technical opinion is filed, the request is deemed not to have been filed pursuant to the provisions of Article 12, paragraph (7), the fee the requester has paid pursuant to the provisions of Article 54, paragraph (2) for filing that request is refunded to that person.

(2)If a demand for a trial for invalidation of utility model registration is withdrawn within the period provided in Article 39-2, paragraph (3) or (5) (or, if the period provided in paragraph (3) of that Article has been extended under the provisions of Article 4 of the Patent Act as applied mutatis mutandis pursuant to Article 39-2, paragraph (4), within the extended period), the fee for filing the demand for trial or appeal which the person demanding the trial or appeal has paid pursuant to Article 54, paragraph (2) is refunded to that person upon request.

(3)A request for a refund of the fee under the provisions of the preceding paragraph may be filed once six months have passed since the date on which the demand for the trial for invalidation of utility model registration is withdrawn.

(4)If the intervenor in a trial for invalidation of utility model registration withdraws the application for intervention within 30 days from the receipt of the notice under Article 39, paragraph (5), the fee that the intervenor has paid pursuant to Article 54, paragraph (2) for applying to intervene is refunded to the intervenor upon request.

(5)The provisions of Article 4 of the Patent Act apply mutatis mutandis to the period provided in the preceding paragraph.In this case, the phrase "The Commissioner of the Japan Patent Office" in that Article is deemed to be replaced with "The chief administrative judge."

(6)Notwithstanding the provisions of paragraph (4), if the intervenor in a trial for invalidation of utility model registration is unable to withdraw the application for intervention within the period provided for in that paragraph due to reasons beyond the intervenor's control, and withdraws the application within 14 days (or within two months, if the intervenor is an overseas resident) after the date on which those reasons cease to exist and no later than six months after the expiration of the period, the fee that the intervenor has paid pursuant to Article 54, paragraph (2) for applying to intervene is refunded to the intervenor upon request.

(7)A request for refund of the fees under the provisions of paragraphs (4) and the preceding paragraph may not be filed once six months have passed since the date on which the application for intervention was withdrawn.

(8)If the intervenor in a trial for invalidation of utility model registration does not withdraw the application for intervention, but the demand for the trial is withdrawn within the period provided in paragraph (4) or (6) (or, if the period provided in paragraph (4) has been extended pursuant to Article 4 of the Patent Act as applied mutatis mutandis pursuant to paragraph (5), within the extended period), the fee that the intervenor has paid pursuant to paragraph (2) of the preceding paragraph for filing the application to intervene is refunded to the intervenor upon request; provided, however, that this does not apply if the trial proceedings have been continued pursuant to Article 148, paragraph (2) of the Patent Act as applied mutatis mutandis pursuant to Article 41.

(9)A request for refund of the fee under the preceding paragraph may not be filed once one year has passed since the date on which the demand for the trial for invalidation of utility model registration was withdrawn.

(10)Fees paid in excess or in error are refunded at the request of the person that paid them.

(11)A request for a refund of the fee under the preceding paragraph may not be filed once one year has passed since the date on which the fee was paid.

(12)If a person making a request for the refund of the fee prescribed in paragraph (2), (4), (6), (8) or (10) is unable to make the request within the period provided in paragraph (3), (7), (9), or the preceding paragraph, due to reasons beyond the person's control, notwithstanding these provisions, the person may make the request within 14 days (or within two months, if the person is an overseas resident) from the date on which those reasons cease to exist, but not later than six months after the period under the provisions has passed.

Article 55(1)The provisions of Article 186 (Request for Certificate) of the Patent Act apply mutatis mutandis to a utility model registration.

(2)The provisions of Articles 189 through 192 (Service) of the Patent Act apply mutatis mutandis to services under the provisions of this Act.

(3)The provisions of Article 194 of the Patent Act apply mutatis mutandis to procedures.In this case, the term "the examination" in paragraph (2) of that Article is deemed to be replaced with "the preparation of utility model technical opinion provided for in Article 12, paragraph (1) of the Utility Model Act."

(4)The provisions of Article 195-3 of the Patent Act apply mutatis mutandis to a disposition under the provisions of this Act or under an order based on this Act.

(5)The provisions of Article 195-4 (Restriction on Appeals under the Provisions of the Administrative Complaint Review Act) of the Patent Act apply mutatis mutandis to a trial decision, a ruling to dismiss a written demand for trial or appeal, or retrial, and to a disposition with regard to which it is decided that an appeal may not be filed pursuant to this Act, or inaction thereof.

Article 56A person that infringes a utility model right or an exclusive license is subject to imprisonment with work for a term not exceeding five years, a fine not exceeding 5 million yen, or both.

Article 57A person who has obtained a utility model registration or a trial decision by means of a fraudulent act is subject to imprisonment with work for a term not exceeding one year or a fine not exceeding 1 million yen.

Article 58A person that violates the provisions of Article 52 is subject to imprisonment with work for a term not exceeding one year or a fine not exceeding 1 million yen.

Article 59(1)A witness, expert, or interpreter who has sworn under oath pursuant to this Act and then offered a false statement, false expert opinion, or false interpretation to the Japan Patent Office or the court commissioned thereby is subject to imprisonment with work for not less than three months but not more than ten years.

(2)If a person who has committed the crime referred to in the preceding paragraph makes a voluntary confession before the certified copy of the judgment on the case is served or before the trial decision becomes final and binding, the sentence may be reduced or remitted.

Article 60A present or former official of the Japan Patent Office who divulges or misappropriates confidential information about a device claimed in a pending application for utility model registration that the official has learned in the course of performing their duties is subject to imprisonment with work for a term not exceeding one year or a fine not exceeding 500,000 yen.

Article 60-2(1)A person that violates an order under the provisions of Article 105-4, paragraph 1 of the Patent Act as applied mutatis mutandis pursuant to Article 30 is subject to imprisonment with work for a term not exceeding five years, a fine not exceeding 5 million yen, or both.

(2)The crime referred to in the preceding paragraph may not be prosecuted unless a complaint is filed.

(3)The crime referred to in paragraph (1) also applies to a person who commits that crime outside Japan.

Article 61(1)If the representative of a corporation, or the agent, employee or other worker of a corporation or individual commits a violation of the provisions set forth in one of the following items in connection with the business of that corporation or individual, in addition to the offender being subject to punishment, the corporation is subject to the fine prescribed in the relevant item and the individual is subject to the fine prescribed in the respective Articles:

(2)In the case referred to in the preceding paragraph, a criminal complaint referred to in paragraph (2) of the preceding Article which is filed against the offender also has effect on the corporation or individual, and a criminal complaint that is filed against the corporation or individual also has effect on the offender.

(3)The period of statute of limitations in cases where a fine is imposed on a corporation or an individual pursuant to paragraph (1) in connection with a violation referred to in Article 56 or paragraph (1) of the preceding Article is that for the crimes in these provisions.

Article 62If a person who has sworn under oath pursuant to the provisions of Articles 71, paragraph (3) of the Patent Act as applied mutatis mutandis pursuant to Article 26 of this Act, or pursuant to the provisions of Article 41 of this Act, or Article 174, paragraph (3) of the Patent Act as applied mutatis mutandis pursuant to Article 45, paragraph (1) of this Act, which are respectively applied upon mutatis mutandis application pursuant to Article 207, paragraph (1) of the Code of Civil Procedure as applied mutatis mutandis pursuant to Article 151 of the Patent Act offers a false statement to the Japan Patent Office or the court commissioned thereby, the person is subject to a civil fine not exceeding 100,000 yen.

Article 63A person that has been summoned by the Japan Patent Office or the court commissioned thereby pursuant to the provisions of this Act, but fails to appear or refuses to take an oath, make a statement, testify, give an expert opinion, or provide interpretation without legitimate grounds for doing so is subject to a civil fine not exceeding 100,000 yen.

Article 64A person that is ordered by the Japan Patent Office or the court commissioned thereby to submit or present documents or other objects for examination or preservation of evidence pursuant to the provisions of this Act, but fails to comply with that order without legitimate grounds for doing so is subject to a civil fine not exceeding 100,000 yen.