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<!DOCTYPE Law PUBLIC "-//JaLII//DTD J-STATUTE 1.0//EN" "jstatute.dtd">
<Law OriginalPromulgateDate="December 18, 2023" LawType="MinisterialOrdinance" Lang="en" Year="05" Era="Reiwa" Num="005">
	<LawNum>Order of the Cabinet Office and the Ministry of Economy, Trade and Industry No. 5 of December 18, 2023</LawNum>
	<LawBody>
		<LawTitle>Order on Non-Disclosure of Patent Applications Under the Act on the Promotion of Ensuring National Security Through Integrated Implementation of Economic Measures Relating to the Cabinet Office and the Ministry of Economy, Trade and Industry</LawTitle>
		<EnactStatement>Based on the provisions of Article 66, paragraph (1), paragraph (2), and paragraph (10), Article 79, paragraph (1) and paragraph (6), and Article 85, paragraph (1) of the Act on the Promotion of Ensuring National Security Through Integrated Implementation of Economic Measures (Act No. 43 of 2022), and in order to enforce that Act, the Order on Non-Disclosure of Patent Applications Under the Act on the Promotion of Ensuring National Security Through Integrated Implementation of Economic Measures Relating to the Cabinet Office and the Ministry of Economy, Trade and Industry is established as follows.</EnactStatement>
		<MainProvision>
			<Article Num="1" id="en_at1">
				<ArticleCaption>(Sending of Documents to the Prime Minister)</ArticleCaption>
				<ArticleTitle>Article 1</ArticleTitle>
				<Paragraph Num="1" id="en_at1cl1">
					<ParagraphNum>(1)</ParagraphNum>
					<ParagraphSentence>
						<Sentence>Sending of documents to the Prime Minister under the provisions of the main clause of Article 66, paragraph (1), or Article 66, paragraph (2) of the Act on the Promotion of Ensuring National Security Through Integrated Implementation of Economic Measures (referred to as "the Act" below) is to be made by the method of sending copies of a patent application, a description, scope of claims, and drawings under the provisions of Article 36, paragraph (1) of the Patent Act (Act No. 121 of 1959), and other documents that the Commissioner of the Japan Patent Office finds to be necessary.</Sentence>
					</ParagraphSentence>
				</Paragraph>
				<Paragraph Num="2" id="en_at1cl2">
					<ParagraphNum>(2)</ParagraphNum>
					<ParagraphSentence>
						<Sentence>Sending of the documents referred to in the preceding paragraph may be made by using an electronic data processing system connecting a computer (including input and output devices; the same applies below in this paragraph) used by the Japan Patent Office and a computer used by the Cabinet Office via a telecommunications line, based on the provisions of Article 6, paragraph (1) of the Act on the Advancement of Government Administration Processes That Use Information and Communications Technology (Act No. 151 of 2002).</Sentence>
					</ParagraphSentence>
				</Paragraph>
			</Article>
			<Article Num="2" id="en_at2">
				<ArticleCaption>(Request to Seek a Security Review)</ArticleCaption>
				<ArticleTitle>Article 2</ArticleTitle>
				<Paragraph Num="1" id="en_at2cl1">
					<ParagraphNum>(1)</ParagraphNum>
					<ParagraphSentence>
						<Sentence>The request under the provisions of the first sentence of Article 66, paragraph (2) of the Act (simply referred to as the "request" below in this paragraph) must be filed by a written request using Form No. 1 which states the following matters:</Sentence>
					</ParagraphSentence>
					<Item Num="1">
						<ItemTitle>(i)</ItemTitle>
						<ItemSentence>
							<Sentence>the content of the invention for which the request is filed and the section of the description, etc. provided for in Article 65, paragraph (1) of the Act where that invention is stated; and</Sentence>
						</ItemSentence>
					</Item>
					<Item Num="2">
						<ItemTitle>(ii)</ItemTitle>
						<ItemSentence>
							<Sentence>the reasons for the request.</Sentence>
						</ItemSentence>
					</Item>
				</Paragraph>
				<Paragraph Num="2" id="en_at2cl2">
					<ParagraphNum>(2)</ParagraphNum>
					<ParagraphSentence>
						<Sentence>The request referred to in the preceding paragraph may be filed by using an electronic data processing system provided for in Article 2, paragraph (1) of the Act on Special Provisions for Procedures Related to Industrial Property Rights (Act No. 30 of 1990).</Sentence>
					</ParagraphSentence>
				</Paragraph>
				<Paragraph Num="3" id="en_at2cl3">
					<ParagraphNum>(3)</ParagraphNum>
					<ParagraphSentence>
						<Sentence>A person who files the request referred to in paragraph (1) may enter the identification number provided for in Article 2, paragraph (1) of the Enforcement Regulations of the Act on Special Provisions for Procedures Related to Industrial Property Right (Order of the Ministry of International Trade and Industry No. 41 of 1990; referred to as the "Enforcement Regulations of the Act on Special Provisions" in the following paragraph and paragraph (4) of the following Article) in the written request referred to in paragraph (1). In such a case, the entry of the domicile or residence provided for in Article 1, paragraph (3) of the Enforcement Regulations of the Patent Act (Order of the Ministry of International Trade and Industry No. 10 of 1960) as applied mutatis mutandis pursuant to Article 7 may be omitted.</Sentence>
					</ParagraphSentence>
				</Paragraph>
				<Paragraph Num="4" id="en_at2cl4">
					<ParagraphNum>(4)</ParagraphNum>
					<ParagraphSentence>
						<Sentence>The provisions of Article 10-2 and Article 13, paragraph (1) of the Enforcement Regulations of the Act on Special Provisions apply mutatis mutandis to a person who files a request referred to in paragraph (1) by using an electronic data processing system pursuant to the provisions of paragraph (2). In such a case, the phrase "in the document in the provisions of laws and regulations related to patent, etc. prescribed for those specified procedures" in Article 10-2, paragraph (1) of the Enforcement Regulations of the Act on Special Provisions is deemed to be replaced with "in the written request referred to in Article 2, paragraph (1) of the Order on Non-Disclosure of Patent Applications Under the Act on the Promotion of Ensuring National Security Through Integrated Implementation of Economic Measures Relating to the Cabinet Office and the Ministry of Economy, Trade and Industry (Order of the Cabinet Office and the Ministry of Economy, Trade and Industry No. 5 of 2023) pursuant to the provisions of that paragraph" and the phrase "Article 10-2, paragraph (1)" in Article 13, paragraph (1) of the Enforcement Regulations of the Act on Special Provisions is deemed to be replaced with "Article 10-2, paragraph (1) as applied mutatis mutandis pursuant to Article 2, paragraph (4) of the Order on Non-Disclosure of Patent Applications Based on the Act on the Promotion of Ensuring National Security Through Integrated Implementation of Economic Measures Relating to the Cabinet Office and the Ministry of Economy, Trade and Industry".</Sentence>
					</ParagraphSentence>
				</Paragraph>
			</Article>
			<Article Num="3" id="en_at3">
				<ArticleCaption>(Request to Seek Notice on the Determination Not to Send the Documents to Be Sent)</ArticleCaption>
				<ArticleTitle>Article 3</ArticleTitle>
				<Paragraph Num="1" id="en_at3cl1">
					<ParagraphNum>(1)</ParagraphNum>
					<ParagraphSentence>
						<Sentence>The request under the provisions of Article 66, paragraph (10) of the Act must be filed by a written request using Form No. 2.</Sentence>
					</ParagraphSentence>
				</Paragraph>
				<Paragraph Num="2" id="en_at3cl2">
					<ParagraphNum>(2)</ParagraphNum>
					<ParagraphSentence>
						<Sentence>The written request referred to in the preceding paragraph must be submitted by the day on which the period provided for by Cabinet Order referred to in Article 66, paragraph (1) of the Act elapses that commences on the day of filing the patent application (if the patent application is one stated in the left-hand column of the Table referred to in paragraph (4) of the Act, the day listed in the right-hand column of the Table respectively corresponding the categories in the left-hand column of the Table (when the relevant patent application falls under two or more categories listed in the left-hand column of the Table, the latest day among the days provided for in the right-hand column of the Table related to that category)).</Sentence>
					</ParagraphSentence>
				</Paragraph>
				<Paragraph Num="3" id="en_at3cl3">
					<ParagraphNum>(3)</ParagraphNum>
					<ParagraphSentence>
						<Sentence>The provisions of paragraphs (2) and (3) of the preceding Article apply mutatis mutandis to the request referred to in paragraph (1).</Sentence>
					</ParagraphSentence>
				</Paragraph>
				<Paragraph Num="4" id="en_at3cl4">
					<ParagraphNum>(4)</ParagraphNum>
					<ParagraphSentence>
						<Sentence>The provisions of Article 10-2 and Article 13, paragraph (1) of the Enforcement Regulations of the Act on Special Provisions apply mutatis mutandis to a person who files the request referred to in paragraph (1) by using an electronic data processing system pursuant to the provisions of paragraph (2) of the preceding Article as applied mutatis mutandis pursuant to the preceding paragraph. In such a case, the phrase "in the document in the provisions of laws and regulations related to patent, etc. prescribed for those specified procedures" in Article 10-2, paragraph (1) of the Regulations for Enforcement of the Act on Special Provisions is deemed to be replaced with "in the written request referred to in Article 3, paragraph (1) of the Order on Non-Disclosure of Patent Applications Under the Act on the Promotion of Ensuring National Security Through Integrated Implementation of Economic Measures Relating to the Cabinet Office and the Ministry of Economy, Trade and Industry (Order of the Cabinet Office and the Ministry of Economy, Trade and Industry No. 5 of 2023) pursuant to that paragraph" and the phrase "Article 10-2, paragraph (1)" in Article 13, paragraph (1) of the Enforcement Regulations of the Act on Special Provisions is deemed to be replaced with "Article 10-2, paragraph (1) as applied mutatis mutandis pursuant to Article 3, paragraph (4) of the Order on Non-Disclosure of Patent Applications Under the Act on the Promotion of Ensuring National Security Through Integrated Implementation of Economic Measures Relating to the Cabinet Office and the Ministry of Economy, Trade and Industry".</Sentence>
					</ParagraphSentence>
				</Paragraph>
			</Article>
			<Article Num="4" id="en_at4">
				<ArticleCaption>(Matters to be Stated on Documents for Dispositions to Dismiss Patent Applications)</ArticleCaption>
				<ArticleTitle>Article 4</ArticleTitle>
				<Paragraph Num="1" id="en_at4cl1">
					<ParagraphNum></ParagraphNum>
					<ParagraphSentence>
						<Sentence>The disposition to dismiss a patent application under the provisions of Article 69, paragraph (4), Article 73, paragraph (8) (including as applied mutatis mutandis pursuant to Article 74, paragraph (3) of the Act), and Article 78, paragraph (7) of the Act is to be made by using a document stating the following matters:</Sentence>
					</ParagraphSentence>
					<Item Num="1">
						<ItemTitle>(i)</ItemTitle>
						<ItemSentence>
							<Sentence>the number of the patent application;</Sentence>
						</ItemSentence>
					</Item>
					<Item Num="2">
						<ItemTitle>(ii)</ItemTitle>
						<ItemSentence>
							<Sentence>the name of the patent applicant or their agent;</Sentence>
						</ItemSentence>
					</Item>
					<Item Num="3">
						<ItemTitle>(iii)</ItemTitle>
						<ItemSentence>
							<Sentence>the reason for the disposition; and</Sentence>
						</ItemSentence>
					</Item>
					<Item Num="4">
						<ItemTitle>(iv)</ItemTitle>
						<ItemSentence>
							<Sentence>the date of the disposition.</Sentence>
						</ItemSentence>
					</Item>
				</Paragraph>
			</Article>
			<Article Num="5" id="en_at5">
				<ArticleCaption>(Prior Confirmation Regarding Prohibition of Foreign Applications)</ArticleCaption>
				<ArticleTitle>Article 5</ArticleTitle>
				<Paragraph Num="1" id="en_at5cl1">
					<ParagraphNum>(1)</ParagraphNum>
					<ParagraphSentence>
						<Sentence>The request for confirmation under the provisions of Article 79, paragraph (1) of the Act must be filed by a written request using Form No. 3 which states the following matters:</Sentence>
					</ParagraphSentence>
					<Item Num="1">
						<ItemTitle>(i)</ItemTitle>
						<ItemSentence>
							<Sentence>the name and domicile or residence of a person who intends to file a foreign application provided for in Article 78, paragraph (1) of the Act (simply referred to as a "foreign application" in the following item and item (iii));</Sentence>
						</ItemSentence>
					</Item>
					<Item Num="2">
						<ItemTitle>(ii)</ItemTitle>
						<ItemSentence>
							<Sentence>when seeking to file a foreign application for an invention associated with the results of technology-related research and development with which it has entrusted another person by the State or a national research and development agency (meaning a national research and development agency provided in Article 2, paragraph (3) of the Act on General Rules for Incorporated Administrative Agency (Act No. 103 of 1999); the same applies below in this item), or of software development that it has contracted by the State or a national research and development agency, from the person it has entrusted or the person it has contracted, for which the State or the national research and development agency has decided not to acquire the right to be granted a patent for the invention pursuant to the provisions of Article 17, paragraph (1) of the Industrial Technology Enhancement Act (Act No. 44 of 2000) (if the national research and development agency has entrusted or outsourced the development, paragraph (1) of that Article as applied mutatis mutandis pursuant to paragraph (2) of that Article), that fact; and</Sentence>
						</ItemSentence>
					</Item>
					<Item Num="3">
						<ItemTitle>(iii)</ItemTitle>
						<ItemSentence>
							<Sentence>when seeking to file a foreign application for an invention associated with the results of research and development related to technology which is entrusted by the State, for which the State has decided to take over only part of the right to be granted a patent for the invention pursuant to the provisions of Article 22 (limited to the part related to item (i)) of the Act on Revitalization of the Creation of Scientific Technology and Innovation (Act No. 63 of 2008), that fact.</Sentence>
						</ItemSentence>
					</Item>
				</Paragraph>
				<Paragraph Num="2" id="en_at5cl2">
					<ParagraphNum>(2)</ParagraphNum>
					<ParagraphSentence>
						<Sentence>A document stating the content of the invention for which a request for confirmation under the provisions of Article 79, paragraph (1) of the Act is filed (simply referred to as the "invention" in the following paragraph) and required drawings must be attached to the written request referred to in the preceding paragraph.</Sentence>
					</ParagraphSentence>
				</Paragraph>
				<Paragraph Num="3" id="en_at5cl3">
					<ParagraphNum>(3)</ParagraphNum>
					<ParagraphSentence>
						<Sentence>The document referred to in the preceding paragraph must state the following matters:</Sentence>
					</ParagraphSentence>
					<Item Num="1">
						<ItemTitle>(i)</ItemTitle>
						<ItemSentence>
							<Sentence>the title of the invention;</Sentence>
						</ItemSentence>
					</Item>
					<Item Num="2">
						<ItemTitle>(ii)</ItemTitle>
						<ItemSentence>
							<Sentence>a brief explanation of the drawings; and</Sentence>
						</ItemSentence>
					</Item>
					<Item Num="3">
						<ItemTitle>(iii)</ItemTitle>
						<ItemSentence>
							<Sentence>a detailed explanation of the invention.</Sentence>
						</ItemSentence>
					</Item>
				</Paragraph>
				<Paragraph Num="4" id="en_at5cl4">
					<ParagraphNum>(4)</ParagraphNum>
					<ParagraphSentence>
						<Sentence>The document referred to in paragraph (2) must be prepared by using Form No. 4 and the required drawings referred to in that paragraph must be prepared by using Form No. 5.</Sentence>
					</ParagraphSentence>
				</Paragraph>
				<Paragraph Num="5" id="en_at5cl5">
					<ParagraphNum>(5)</ParagraphNum>
					<ParagraphSentence>
						<Sentence>The matters to be stated in the document referred to in paragraph (2) and the explanation contained in the required drawings may be stated in English.</Sentence>
					</ParagraphSentence>
				</Paragraph>
				<Paragraph Num="6" id="en_at5cl6">
					<ParagraphNum>(6)</ParagraphNum>
					<ParagraphSentence>
						<Sentence>The payment of the fees provided for in Article 79, paragraph (6) of the Act is to be made by submitting a written request referred to in paragraph (1) attached with revenue stamps equivalent to the amount specified by Cabinet Order which is provided for in paragraph (5) of that Article.</Sentence>
					</ParagraphSentence>
				</Paragraph>
			</Article>
			<Article Num="6" id="en_at6">
				<ArticleCaption>(Service)</ArticleCaption>
				<ArticleTitle>Article 6</ArticleTitle>
				<Paragraph Num="1" id="en_at6cl1">
					<ParagraphNum>(1)</ParagraphNum>
					<ParagraphSentence>
						<Sentence>The document to be served which is referred to in Article 85, paragraph (1) of the Act is a certified copy of the disposition of dismissal under the provisions of Article 69, paragraph (4), Article 73, paragraph (8) (including as applied mutatis mutandis pursuant to Article 74, paragraph (3) of the Act), and Article 78, paragraph (7) of the Act.</Sentence>
					</ParagraphSentence>
				</Paragraph>
				<Paragraph Num="2" id="en_at6cl2">
					<ParagraphNum>(2)</ParagraphNum>
					<ParagraphSentence>
						<Sentence>The certified copy referred to in the preceding paragraph must contain a statement certifying that the certified copy is not different from the original copy, and an official designated by the Commissioner of the Japan Patent Office must affix their name and seal to the certified copy.</Sentence>
					</ParagraphSentence>
				</Paragraph>
				<Paragraph Num="3" id="en_at6cl3">
					<ParagraphNum>(3)</ParagraphNum>
					<ParagraphSentence>
						<Sentence>The provisions of Article 16, paragraphs (3) through (5) of the Enforcement Regulations of the Patent Act apply mutatis mutandis to the service referred to in Article 85, paragraph (1) of the Act.</Sentence>
					</ParagraphSentence>
				</Paragraph>
			</Article>
			<Article Num="7" id="en_at7">
				<ArticleCaption>(Application, Mutatis Mutandis of the Enforcement Regulations of the Patent Act)</ArticleCaption>
				<ArticleTitle>Article 7</ArticleTitle>
				<Paragraph Num="1" id="en_at7cl1">
					<ParagraphNum></ParagraphNum>
					<ParagraphSentence>
						<Sentence>The provisions of Article 1, paragraphs (2) through (5) and Article 2 of the Enforcement Regulations of the Patent Act apply mutatis mutandis to the request referred to in Article 2, paragraph (1) and Article 3, paragraph (1), and the request for confirmation referred to in Article 5, paragraph (1).</Sentence>
					</ParagraphSentence>
				</Paragraph>
			</Article>
		</MainProvision>
		<SupplProvision id="en_s1">
			<SupplProvisionLabel>Supplementary Provisions</SupplProvisionLabel>
			<Paragraph Num="1" id="en_s1cl1">
				<ParagraphNum></ParagraphNum>
				<ParagraphSentence>
					<Sentence>This Order comes into effect on the date of enforcement of the provisions stated in Article 1, item (v) of the Supplementary Provisions of the Act.</Sentence>
				</ParagraphSentence>
			</Paragraph>
		</SupplProvision>
	</LawBody>
</Law>