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Ordinance for Enforcement of the Industrial Technology Enhancement Act

Ordinance of the Ministry of International Trade and Industry No. 99 of April 19, 2000

In order to enforce the Industrial Technology Enhancement Act (Act No. 44 of 2000), the Ordinance for Enforcement of the Industrial Technology Enhancement Act is established as follows.

(Close Relationship Specified by Ordinance of the Ministry of Economy, Trade and Industry)

Article 1The close relationship specified by Ordinance of the Ministry of Economy, Trade and Industry as prescribed in Article 1-2, item (ii), (e) and (f), item (iii), (e) and (f) of said Article, item (iv), (e) and (f) of said Article and item (v), (e) and (f) of said Article of the Order for Enforcement of the Industrial Technology Enhancement Act (Cabinet Order No. 206 of 2000; hereinafter referred to as the "Order") shall be as follows:

(i)The close relationship specified by Ordinance of the Ministry of Economy, Trade and Industry as prescribed in Article 1-2, item (ii), (e) of the Order shall be any of the following:

(a)A relationship in which said patented invention or invention has been disclosed as an Invention Known to the Public through Publication (meaning the invention listed in Article 29, paragraph (1), item (iii) of the Patent Act (Act No. 121 of 1959); hereinafter the same shall apply in this Article) that should be stated in the description originally attached to the written application for a patent application pertaining to an Employee Invention by said University, etc. Researcher (meaning the University, etc. Researcher prescribed in Article 17 paragraph (1), item (i) of the Industrial Technology Enhancement Act (hereinafter referred to as the "Act"); the same shall apply hereinafter), pursuant to the provisions of Article 36, paragraph (4), item (ii) of the Patent Act;

(b)A relationship in which said patented invention or invention has disclosed an Employee Invention by said University, etc. Researcher as an Invention Known to the Public through Publication in the description originally attached to the written application for a patent application pertaining thereto;

(c)A relationship in which said patented invention or invention pertains to the results of testing and research that a University, etc. (meaning the University, etc. prescribed in Article 17, paragraph (1), item (ii) of the Act; the same shall apply hereinafter) has conducted jointly with other person(s) (limited to testing and research conducted under a contract or an agreement; the same shall apply hereinafter) or testing and research a University, etc. has entrusted to other person(s);

(ii)The close relationship specified by Ordinance of the Ministry of Economy, Trade and Industry as prescribed in Article 1-2, item (ii), (f) of the Order shall be either of the following:

(a)A relationship in which said patented invention or invention has been disclosed as an Invention Known to the Public through Publication in the description originally attached to the written application for a patent application pertaining to an Employee Invention by said University, etc. Researcher, Research and Development Incorporated Administrative Agency Researcher (meaning an officer or employee exclusively engaged in research of a Research and Development Incorporated Administrative Agency prescribed in Article 17 paragraph (1), item (iii) of the Act (hereinafter referred to as a "Research and Development Incorporated Administrative Agency"); the same shall apply hereinafter), Public Research and Development Institute Researcher (meaning a director or staff member exclusively engaged in research of a Public Research and Development Institute prescribed in item (iv) of said paragraph (hereinafter referred to as a "Public Research and Development Institute"); the same shall apply hereinafter), or Local Research and Development Incorporated Administrative Agency Researcher (meaning an officer or employee exclusively engaged in research of a Local Research and Development Incorporated Administrative Agency prescribed in item (v) of said paragraph (hereinafter referred to as a "Local Research and Development Incorporated Administrative Agency"));

(b)A relationship in which said patented invention or invention has disclosed an Employee Invention by said University, etc. Researcher, Research and Development Incorporated Administrative Agency Researcher, Public Research and Development Institute Researcher, or Local Research and Development Incorporated Administrative Agency Researcher as an Invention Known to the Public through Publication in the description originally attached to the written application for a patent application pertaining thereto;

(iii)The close relationship specified by Ordinance of the Ministry of Economy, Trade and Industry as prescribed in Article 1-2, item (iii), (e) of the Order shall be any of the following:

(b)A relationship in which said patented invention or invention has disclosed an Employee Invention by said Research and Development Incorporated Administrative Agency Researcher as an Invention Known to the Public through Publication in the description originally attached to the written application for a patent application pertaining thereto;

(c)A relationship in which said patented invention or invention pertains to the results of testing and research that a Research and Development Incorporated Administrative Agency has conducted jointly with other person(s) or testing and research a Research and Development Incorporated Administrative Agency has entrusted to other person(s);

(iv)The close relationship specified by Ordinance of the Ministry of Economy, Trade and Industry as prescribed in Article 1-2, item (iii), (f) of the Order shall be either of the following:

(b)A relationship in which said patented invention or invention has disclosed an Employee Invention by said Research and Development Incorporated Administrative Agency Researcher, University, etc. Researcher, Public Research and Development Institute Researcher, or Local Research and Development Incorporated Administrative Agency Researcher as an Invention Known to the Public through Publication in the description originally attached to the written application for a patent application pertaining thereto;

(v)The close relationship specified by Ordinance of the Ministry of Economy, Trade and Industry as prescribed in Article 1-2, item (iv), (e) of the Order shall be any of the following:

(b)A relationship in which said patented invention or invention has disclosed an Employee Invention by said Public Research and Development Institute Researcher as an Invention Known to the Public through Publication in the description originally attached to the written application for a patent application pertaining thereto;

(c)A relationship in which said patented invention or invention pertains to the results of testing and research that a Public Research and Development Institute has conducted jointly with other person(s) or testing and research a Public Research and Development Institute has entrusted to other person(s);

(vi)The close relationship specified by Ordinance of the Ministry of Economy, Trade and Industry as prescribed in Article 1-2, item (iv), (f) of the Order shall be either of the following:

(b)A relationship in which said patented invention or invention has disclosed an Employee Invention by said Public Research and Development Institute Researcher, University, etc. Researcher, Research and Development Incorporated Administrative Agency Researcher, or Local Research and Development Incorporated Administrative Agency Researcher as an Invention Known to the Public through Publication in the description originally attached to the written application for a patent application pertaining thereto;

(vii)The close relationship specified by Ordinance of the Ministry of Economy, Trade and Industry as prescribed in Article 1-2, item (v), (e) of the Order shall be any of the following:

(b)A relationship in which said patented invention or invention has disclosed an Employee Invention by said Local Research and Development Incorporated Administrative Agency Researcher as an Invention Known to the Public through Publication in the description originally attached to the written application for a patent application pertaining thereto;

(c)A relationship in which said patented invention or invention pertains to the results of testing and research that a Local Research and Development Incorporated Administrative Agency has conducted jointly with other person(s) or testing and research a Local Research and Development Incorporated Administrative Agency has entrusted to other person(s);

(viii)The close relationship specified by Ordinance of the Ministry of Economy, Trade and Industry as prescribed in Article 1-2, item (v), (f) of the Order shall be either of the following:

(b)A relationship in which said patented invention or invention has disclosed an Employee Invention by said Local Research and Development Incorporated Administrative Agency Researcher, University, etc. Researcher, Research and Development Incorporated Administrative Agency Researcher, or Public Research and Development Institute Researcher as an Invention Known to the Public through Publication in the description originally attached to the written application for a patent application pertaining thereto.

(Documents to be Attached)

Article 1-2The document to be attached to a written application set forth in Article 1-3, paragraph (1) or Article 4, paragraph (1) of the Order (hereinafter simply referred to as a "written application") pursuant to the provisions of Article 1-3, paragraph (2) or Article 4, paragraph (2) of the Order shall be as follows according to the respective cases listed in the following items:

(i)Where a person prescribed in Article 1-2, item (i) of the Order submits a written application:A document proving that the patented invention or invention for which the application is filed is an Employee Invention;

(ii)Where a person prescribed in Article 1-2, item (ii), (a) of the Order submits a written application:A document proving that the patented invention or invention for which the application is filed is an Employee Invention by said University, etc. Researcher;

(iii)Where a person prescribed in Article 1-2, item (ii), (b) of the Order submits a written application: The following documents:

(a)A document proving that the patented invention or invention for which the application is filed is an Employee Invention by said University, etc. Researcher, Research and Development Incorporated Administrative Agency Researcher, Public Research and Development Institute Researcher, or Local Research and Development Incorporated Administrative Agency Researcher;

(b)A document proving that said University, etc. Researcher, Research and Development Incorporated Administrative Agency Researcher, Public Research and Development Institute Researcher, or Local Research and Development Incorporated Administrative Agency Researcher has moved to said University, etc. and now belongs to it as a University, etc. Researcher;

(iv)Where a person prescribed in Article 1-2, item (ii), (c) of the Order submits a written application:A document proving that the patented invention or invention for which the application is filed has been made jointly by said University, etc. Researcher and other person(s), and that said patented invention or invention is an Employee Invention in relation to said University, etc. Researcher;

(v)Where a person prescribed in Article 1-2, item (ii), (d) of the Order submits a written application: The following documents:

(a)A document proving that the patented invention or invention for which the application is filed has been made jointly by said University, etc. Researcher, Research and Development Incorporated Administrative Agency Researcher, Public Research and Development Institute Researcher, or Local Research and Development Incorporated Administrative Agency Researcher, and other person(s), and that said patented invention or invention is an Employee Invention in relation to said University, etc. Researcher, Research and Development Incorporated Administrative Agency Researcher, Public Research and Development Institute Researcher, or Local Research and Development Incorporated Administrative Agency Researcher;

(vi)Where a person prescribed in Article 1-2, item (ii), (e) of the Order submits a written application:A document proving that the patented invention or invention for which the application is filed has a close relationship specified in Article 1, item (i) with an Employee Invention by said University, etc. Researcher;

(vii)Where a person prescribed in Article 1-2, item (ii), (f) of the Order submits a written application: The following documents:

(a)A document proving that the patented invention or invention for which the application is filed has a close relationship specified in Article 1, item (ii) with an Employee Invention by said University, etc. Researcher, Research and Development Incorporated Administrative Agency Researcher, Public Research and Development Institute Researcher, or Local Research and Development Incorporated Administrative Agency Researcher;

(viii)Where a person prescribed in Article 1-2, item (iii), (a) of the Order submits a written application:A document proving that the patented invention or invention for which the application is filed is an Employee Invention by said Research and Development Incorporated Administrative Agency Researcher;

(ix)Where a person prescribed in Article 1-2, item (iii), (b) of the Order submits a written application: The following documents:

(a)A document proving that the patented invention or invention for which the application is filed is an Employee Invention by said Research and Development Incorporated Administrative Agency Researcher, University, etc. Researcher, Public Research and Development Institute Researcher, or Local Research and Development Incorporated Administrative Agency Researcher;

(b)A document proving that said Research and Development Incorporated Administrative Agency Researcher, University, etc. Researcher, Public Research and Development Institute Researcher, or Local Research and Development Incorporated Administrative Agency Researcher has moved to said Research and Development Incorporated Administrative Agency and now belongs to it as a Research and Development Incorporated Administrative Agency Researcher;

(x)Where a person prescribed in Article 1-2, item (iii), (c) of the Order submits a written application:A document proving that the patented invention or invention for which the application is filed has been made jointly by said Research and Development Incorporated Administrative Agency Researcher and other person(s), and that said patented invention or invention is an Employee Invention in relation to said Research and Development Incorporated Administrative Agency Researcher;

(xi)Where a person prescribed in Article 1-2, item (iii), (d) of the Order submits a written application: The following documents:

(a)A document proving that the patented invention or invention for which the application is filed has been made jointly by said Research and Development Incorporated Administrative Agency Researcher, University, etc. Researcher, Public Research and Development Institute Researcher, or Local Research and Development Incorporated Administrative Agency Researcher, and other person(s), and that said patented invention or invention is an Employee Invention in relation to said Research and Development Incorporated Administrative Agency Researcher, University, etc. Researcher, Public Research and Development Institute Researcher, or Local Research and Development Incorporated Administrative Agency Researcher;

(xii)Where a person prescribed in Article 1-2, item (iii), (e) of the Order submits a written application:A document proving that the patented invention or invention for which the application is filed has a close relationship specified in Article 1, item (iii) with an Employee Invention by said Research and Development Incorporated Administrative Agency Researcher;

(xiii)Where a person prescribed in Article 1-2, item (iii), (f) of the Order submits a written application: The following documents:

(a)A document proving that the patented invention or invention for which the application is filed has a close relationship specified in Article 1, item (iv) with an Employee Invention by said Research and Development Incorporated Administrative Agency Researcher, University, etc. Researcher, Public Research and Development Institute Researcher, or Local Research and Development Incorporated Administrative Agency Researcher;

(xiv)Where a person prescribed in Article 1-2, item (iv), (a) of the Order submits a written application:A document proving that the patented invention or invention for which the application is filed is an Employee Invention by said Public Research and Development Institute Researcher;

(xv)Where a person prescribed in Article 1-2, item (iv), (b) of the Order submits a written application: The following documents:

(a)A document proving that the patented invention or invention for which the application is filed is an Employee Invention by said Public Research and Development Institute Researcher, University, etc. Researcher, Research and Development Incorporated Administrative Agency Researcher, or Local Research and Development Incorporated Administrative Agency Researcher;

(b)A document proving that said Public Research and Development Institute Researcher, University, etc. Researcher, Research and Development Incorporated Administrative Agency Researcher, or Local Research and Development Incorporated Administrative Agency Researcher has moved to said Public Research and Development Institute and now belongs to it as a Public Research and Development Institute Researcher;

(xvi)Where a person prescribed in Article 1-2, item (iv), (c) of the Order submits a written application:A document proving that the patented invention or invention for which the application is filed has been made jointly by said Public Research and Development Institute Researcher and other person(s), and that said patented invention or invention is an Employee Invention in relation to said Public Research and Development Institute Researcher;

(xvii)Where a person prescribed in Article 1-2, item (iv), (d) of the Order submits a written application: The following documents:

(a)A document proving that the patented invention or invention for which the application is filed has been made jointly by said Public Research and Development Institute Researcher, University, etc. Researcher, Research and Development Incorporated Administrative Agency Researcher, or Local Research and Development Incorporated Administrative Agency Researcher, and other person(s), and that said patented invention or invention is an Employee Invention in relation to said Public Research and Development Institute Researcher, University, etc. Researcher, Research and Development Incorporated Administrative Agency Researcher, or Local Research and Development Incorporated Administrative Agency Researcher;

(xviii)Where a person prescribed in Article 1-2, item (iv), (e) of the Order submits a written application:A document proving that the patented invention or invention for which the application is filed has a close relationship specified in Article 1, item (v) with an Employee Invention by said Public Research and Development Institute Researcher;

(xix)Where a person prescribed in Article 1-2, item (iv), (f) of the Order submits a written application: The following documents:

(a)A document proving that the patented invention or invention for which the application is filed has a close relationship specified in Article 1, item (vi) with an Employee Invention by said Public Research and Development Institute Researcher, University, etc. Researcher, Research and Development Incorporated Administrative Agency Researcher, or Local Research and Development Incorporated Administrative Agency Researcher;

(xx)Where a person prescribed in Article 1-2, item (v), (a) of the Order submits a written application:A document proving that the patented invention or invention for which the application is filed is an Employee Invention by said Local Research and Development Incorporated Administrative Agency Researcher;

(xxi)Where a person prescribed in Article 1-2, item (v), (b) of the Order submits a written application: The following documents:

(a)A document proving that the patented invention or invention for which the application is filed is an Employee Invention by said Local Research and Development Incorporated Administrative Agency Researcher, University, etc. Researcher, Research and Development Incorporated Administrative Agency Researcher, or Public Research and Development Institute Researcher;

(b)A document proving that said Local Research and Development Incorporated Administrative Agency Researcher, University, etc. Researcher, Research and Development Incorporated Administrative Agency Researcher, or Public Research and Development Institute Researcher has moved to said Local Research and Development Incorporated Administrative Agency and now belongs to it as a Local Research and Development Incorporated Administrative Agency Researcher;

(xxii)Where a person prescribed in Article 1-2, item (v), (c) of the Order submits a written application:A document proving that the patented invention or invention for which the application is filed has been made jointly by said Local Research and Development Incorporated Administrative Agency Researcher and other person(s), and that said patented invention or invention is an Employee Invention in relation to said Local Research and Development Incorporated Administrative Agency Researcher;

(xxiii)Where a person prescribed in Article 1-2, item (v), (d) of the Order submits a written application: The following documents:

(a)A document proving that the patented invention or invention for which the application is filed has been made jointly by said Local Research and Development Incorporated Administrative Agency Researcher, University, etc. Researcher, Research and Development Incorporated Administrative Agency Researcher, Public Research and Development Institute Researcher, and other person(s), and that said patented invention or invention is an Employee Invention in relation to said Local Research and Development Incorporated Administrative Agency Researcher, University, etc. Researcher, Research and Development Incorporated Administrative Agency Researcher, or Public Research and Development Institute Researcher;

(xxiv)Where a person prescribed in Article 1-2, item (v), (e) of the Order submits a written application:A document proving that the patented invention or invention for which the application is filed has a close relationship specified in Article 1, item (vii) with an Employee Invention by said Local Research and Development Incorporated Administrative Agency Researcher;

(xxv)Where a person prescribed in Article 1-2, item (v), (f) of the Order submits a written application: The following documents:

(a)A document proving that the patented invention or invention for which the application is filed has a close relationship specified in Article 1, item (viii) with an Employee Invention by said Local Research and Development Incorporated Administrative Agency Researcher, University, etc. Researcher, Research and Development Incorporated Administrative Agency Researcher, or Public Research and Development Institute Researcher;

(Preparation of Written Application)

Article 1-3(1)A written application set forth in Article 1-3, paragraph (1), Article 4, paragraph (1), Article 7, paragraph (1), or Article 9, paragraph (1) shall be prepared for each application; provided, however, that when a person separately pays patent fees for the fourth to tenth years as prescribed in Article 107, paragraph (1) of the Patent Act, he/she shall prepare a written application each time he/she makes a payment.

(2)A written application shall contain the name and address or residence of the person submitting the written application and also the name of the representative in the case of a juridical person.

(3)In the case where any person prescribed in Article 6, item (i) to item (iii) of the Order prepares a written application set forth in Article 7, paragraph (1) or Article 9, paragraph (1) of the Order, and when he/she prepares written applications for two or more applications, he/she may file applications with a single written application only when the applicant is the same for all of said two or more applications.

(Omission of Documents to be Attached)

Article 2A person who had already submitted any documents to be attached to a written application to the Commissioner of the Japan Patent Office in the procedures for submitting other written applications may omit said documents when there has been no change in the matters stated in said other written applications, by stating to that effect in the present written application; provided, however, that the Commissioner of the Japan Patent Office may order the submission of said documents when he/she finds it particularly necessary.

(Form of Written Applications for a Reduction of Patent Fees)

Article 3A written application set forth in Article 1-3, paragraph (1) or Article 7, paragraph (1) of the Order shall be prepared in Form 1.

(Form of Written Applications for a Reduction of Fees for Requesting the Examination of Patent Application)

Article 4A written application set forth in Article 4, paragraph (1) or Article 9, paragraph (1) of the Order shall be prepared in Form 2.

(Procedures for a Reduction of Patent Fees, etc. for a Foreign National Falling under the Category of the Person Prescribed in Article 17, Paragraph (1) or Paragraph (2) of the Act)

Article 5(1)A foreign national falling under the category of the person prescribed in Article 17, paragraph (1) or paragraph (2) of the Act may submit a written application set forth in Article 1-3, paragraph (1) or Article 4, paragraph (1) of the Order.

(2)The applicant shall attach a document proving that he/she is equivalent to the person prescribed in Article 17, paragraph (1) or paragraph (2) of the Act to the written application set forth in the preceding paragraph.

(Procedures for a Reduction of Patent Fees for a Foreign National Falling under the Category of a Specified Business Operator)

Article 6A foreign national falling under the category of the person prescribed in Article 18, paragraph (1) or paragraph (2) of the Act (hereinafter referred to as a "Specified Business Operator") may submit a written application set forth in Article 7, paragraph (1) or Article 9, paragraph (1) of the Order.

(Submission of a Written Application Set forth in Article 1-3, Paragraph (1) of the Order)

Article 7(1)In the case where a person prescribed in Article 17, paragraph (1), item (iv) or item (v) of the Act submits a written application set forth in Article 1-3, paragraph (1) or Article 4, paragraph (1) of the Order, he/she shall submit the written application, together with the documents listed in Article 1-2, item (xiv) to item (xxv), as well as with a document proving that said person or the organization he/she establishes is conducting testing and research as its business, via the Director of Regional Bureau of Economy, Trade and Industry or the Director of Okinawa General Bureau (hereinafter referred to as the "Director of Regional Bureau of Economy, Trade and Industry, etc.") who has the jurisdiction over said person's address or residence or the location of his/her principal business office or office.

(2)In the case set forth in the preceding paragraph, when the Commissioner of the Japan Patent Office has confirmed that the person who submits the written application is a person prescribed in Article 17, paragraph (1), item (iv) or item (v) of the Act and falls under any of the persons set forth in Article 1-2, item (iv), (a) to (f) or item (v), (a) to (f) of said Article of the Order, he/she shall issue a written confirmation to said person via the Director of Regional Bureau of Economy, Trade and Industry, etc.

(Submission of a Written Application Set forth in Article 7, Paragraph (1) of the Order)

Article 8(1)In the case where a Specified Business Operator submits a written application set forth in Article 7, paragraph (1) or Article 9, paragraph (1) of the Order, he/she shall submit the written application via the Director of Regional Bureau of Economy, Trade and Industry, etc. who has the jurisdiction over his/her address or residence or the location of his/her principal business office or office.

(2)In the case set forth in the preceding paragraph, when the Commissioner of the Japan Patent Office has confirmed that the person who submits the written application is a Specified Business Operator, he/she shall issue a written confirmation to said person via the Director of Regional Bureau of Economy, Trade and Industry, etc.

Supplementary Provisions[Extract]

(Effective Date)

Article 1This Ministerial Ordinance shall come into effect as of the date on which the Act comes into effect (April 20, 2000).

Supplementary Provisions[Ordinance of the Ministry of International Trade and Industry No. 176 of September 19, 2000]

This Ministerial Ordinance shall come into effect as of January 6, 2001.

Supplementary Provisions[Ordinance of the Ministry of Economy, Trade and Industry No. 30 of March 16, 2004]

(Effective Date)

Article 1This Ministerial Ordinance shall come into effect as of the date on which part of the Act for Partial Revision of the Patent Act, etc. comes into effect (April 1, 2004).

Supplementary Provisions[Ordinance of the Ministry of Economy, Trade and Industry No. 50 of August 3, 2007]

This Ministerial Ordinance shall come into effect as of the date on which the Act for Partial Revision of the Act on Special Measures for Industrial Revitalization, etc. comes into effect (August 6, 2007).

Supplementary Provisions[Ordinance of the Ministry of Economy, Trade and Industry No. 34 of June 22, 2009]

This Ministerial Ordinance shall come into effect as of the date on which the Act for Partial Revision of the Act on Special Measures for Industrial Revitalization and Other Laws to Foster Innovation in Industrial Activities in Japan comes into effect (June 22, 2009).

Supplementary Provisions[Ordinance of the Ministry of Economy, Trade and Industry No. 10 of February 22, 2012]

This Ministerial Ordinance shall come into effect as of the date on which the Act for Partial Revision of the Patent Act, etc. comes into effect (April 1, 2012).

Form 1(Re. Article 3)

Form 2(Re. Article 4)