Article 1The Purpose of this Act is to comprehensively and effectively promote economic measures regarding ensuring security through the formulation of a basic policy on the promotion of ensuring security through integrated implementation of economic measures, and the establishment of systems regarding the stable supply of specified critical products and the stable provision of specified essential infrastructure services, and systems regarding development support for specified critical technologies and non-disclosure of patent applications, as economic measures related to ensuring security, in view of the increasing importance of preventing acts committed with regard to economic activity that harm the security of the nation and its citizens to ensure security associated with increased complexity of the international situation, changes in socioeconomic structure, etc.

Article 2(1)The Government must provide a basic policy on the promotion of ensuring security through integrated implementation of economic measures (hereinafter referred to as the "basic policy").

(2)The basic policy is to provide the following matters:

(3)The Prime Minister must prepare a draft of the basic policy and seek a cabinet decision.

(4)When the cabinet decision under the provisions of the preceding paragraph has been made, the Prime Minister must publicize without delay the basic policy.

(5)The provisions of the preceding two paragraphs apply mutatis mutandis to modifications to the basic policy.

Article 3(1)When the Prime Minister finds it necessary for the comprehensive and effective promotion of economic measures related to ensuring security, the Prime Minister may seek the provision of necessary materials or information, explanations, statements of opinion, or other necessary cooperation from the head of a relevant administrative organ.

(2)When the Prime Minister finds it particularly necessary for the comprehensive and effective promotion of economic measures related to ensuring security, the Prime Minister may issue necessary recommendations to the head of a relevant administrative organ or seek reports on measures taken as a result of such recommendation.

(3)When the Prime Minister finds it necessary for the comprehensive and effective promotion of economic measures related to ensuring security, the Prime Minister may provide the head of a relevant administrative organ with information that contributes to economic measures related to ensuring security.

Article 4(1)The State has a responsibility to comprehensively and effectively promote economic measures related to ensuring security in line with the basic policy.

(2)The relevant national administrative organs must mutually cooperate on implementation of economic measures related to ensuring security.

(3)The State must endeavor to ensure necessary funding and take other measures to promote the comprehensive and effective promotion of economic measures related to ensuring security.

Article 5Control measures under the provisions of this Act must be taken in consideration of the impact on economic activity and to the extent found to be reasonably necessary to ensure security.

Article 49(1)The Government is to, pursuant to the basic policy, provide guiding principles on ensuring the stable provision of specified essential infrastructure services by preventing the specified interference actions (meaning specified interference actions provided in Article 52, paragraph (2), item (ii), (c); the same applies in the next paragraph) (hereinafter referred to as the "guiding principles on specified essential infrastructure services" in this Article).

(2)The guiding principles on specified essential infrastructure services is to provide the following matters:

(3)The Prime Minister must prepare a draft guiding principles on specified essential infrastructure services and seek a cabinet decision.

(4)When the Prime Minister prepares the draft guiding principles on specified essential infrastructure services under the provisions of the preceding paragraph, the Prime Minister must, in advance, seek the opinions of persons with knowledge of economic measures related to ensuring security and ensuring the stable provision of information and communications technology or any other specified essential infrastructure services, and give consideration to the impact on economic activity regarding specified essential infrastructure services.

(5)When the cabinet decision under the provisions of paragraph (3) has been made, the Prime Minister is to, without delay, publicize the guiding principles on specified essential infrastructure services.

(6)The provisions of the preceding three paragraphs apply mutatis mutandis to modifications to the guiding principles on specified essential infrastructure services.

Article 50(1)The competent minister may designate as a specified essential infrastructure service providers a person who falls under the criteria provided by order of the competent ministry as a person who engages in specified essential infrastructure business (meaning, among following business, a business that is provided by Cabinet Order as a business that provides specified essential infrastructure services (meaning services that form the basis for the lives of the citizenry or economic activity, and for which disruption that arises to their stable provision is likely to cause a situation that damages the security of the nation and citizens; hereinafter the same applies in this paragraph and Article 52); hereinafter the same applies in this Chapter and Article 86, paragraph (2)) for which suspension or degradation of the function of the specified critical facilities in use (meaning facilities, devices, equipment, or programs provided by order of the competent ministry that are critical for the stable provision of specified essential infrastructure services and are likely to be used as a means for actions taken from outside Japan to interfere with the stable provision of specified essential infrastructure services; hereinafter the same applies in this Chapter and Article 92, paragraph (1)) are highly likely to cause a situation that damages the security of the nation and its citizens:

(2)When the competent minister has designated a specified essential infrastructure service provider, the competent minister must notify the relevant designated person of the designation and give public notice of the relevant designated person's name, address, type of specified essential infrastructure business pertaining to the designation, and date on which the designation was made. The same applies when there are changes to these matters.

(3)A specified essential infrastructure service provider must notify the competent minister when there is a change in name or address no later than two weeks prior to the date of the change.

Article 51When the competent minister finds that a specified essential infrastructure service provider no longer falls under the criteria provided by order of the competent ministry in paragraph (1) of the preceding Article, the competent minister is to cancel the designation under paragraph (1). In this case, the provisions of paragraph (2) of the preceding Article apply mutatis mutandis.

Article 52(1)When a specified essential infrastructure service provider introduces specified critical facilities from another enterprise (excluding cases when introducing specified critical facilities supplied by a person found to be substantially identical to the relevant specified essential infrastructure service provider or any other person provided by Cabinet Order (excluding cases when specified critical facilities supplied by a person other than the relevant person provided by the relevant Cabinet Order are incorporated into the relevant specified critical facilities)) or entrusts another enterprise to maintain, manage, or operate specified critical facilities (limited to those provided by order of the competent ministry as critical for maintaining the function of the relevant specified critical facilities or the stable provision of specified essential infrastructure services pertaining to the specified critical facilities, and through which the relevant specified critical facilities are likely to be used as a means for actions taken from outside Japan to interfere with the stable provision of specified essential infrastructure services; hereinafter referred to as "critical maintenance and management, etc." in this Chapter and Article 92, paragraph (1)), in accordance with the order of the competent ministry, the specified essential infrastructure service provider must, in advance, prepare a plan regarding the introduction of the relevant specified critical facilities or entrustment of critical maintenance and management, etc. (hereinafter referred to as "plan of introduction, etc." in this Chapter) and notify the competent minister thereof accompanied by documents provided by order of the competent ministry. Provided, however, that this does not apply when provided by order of the competent ministry when introducing specified critical facilities from another enterprise or entrusting another enterprise to conduct critical maintenance and management, etc. of specified critical facilities in cases of urgent necessity.

(2)The plan of introduction, etc. must contain the following matters:

(3)A specified essential infrastructure service provider that has made notification of the plan of introduction, etc. under paragraph (1) must not introduce the specified critical facilities or entrust the critical maintenance and management, etc. pertaining to the relevant plan of introduction, etc. until 30 days have passed from the day the competent minister receives the relevant notification. Provided, however, that the period thereof may be shortened when the competent minister finds that a screening under the next paragraph is not necessary in light of the scale, nature, etc. of the relevant introduction or entrustment of critical maintenance and management, etc. or, as a result of a screening under the next paragraph, that the relevant specified critical facilities are not highly likely to be used as a means for specified interference actions before the period ends.

(4)When there has been a notification of a plan of introduction, etc. under the provisions of paragraph (1), the competent minister may extend the period during which the specified critical facilities must not be introduced and the critical maintenance and management, etc. not be entrusted pertaining to the relevant plan of introduction, etc., limited to four months from the day the competent minister receives the relevant notification, when the competent minister finds that it is necessary to conduct a screening of whether or not it is highly likely that the specified critical facilities pertaining to the relevant plan of introduction, etc. will be used as a means for specified interference actions, or to issue a recommendation under the provisions of paragraph (6) or an order under the provisions of paragraph (10).

(5)When the competent minister has extended the period during which the specified critical facilities must not be introduced and the critical maintenance and management, etc. not be entrusted pertaining to the relevant plan of introduction, etc. under the provisions of the preceding paragraph, and the competent minister finds before the final day of the relevant extended period, as a result of the screening under the provisions of the preceding paragraph, that the specified critical facilities cannot be regarded to be highly likely to be used as a means for specified interference actions, the competent minister may shorten the relevant extended period.

(6)When the competent minister finds, as a result of the screening under paragraph (4), that the specified critical facilities pertaining to the plan of introduction, etc. are highly likely to be used as a means for specified interference actions, the competent minister may recommend that the specified essential infrastructure service provider introduce or entrust critical maintenance and management, etc. of the specified critical facilities pertaining to the relevant plan of introduction, etc. after changing the details of the relevant plan of introduction, etc. or having taken other measures necessary to prevent specified interference actions, or that such activities should be suspended. Provided, however, that the period when the relevant recommendation may be made is to be until the day when 30 days have passed from the day on which the relevant notification has been received (when an extension has been made under the provisions of paragraph (4), the final day of the relevant extended period).

(7)A specified essential infrastructure service provider that has received a recommendation under the provisions of the preceding paragraph must, within 10 days from the day on which the person is issued the recommendation, notify the competent minister of whether or not to accept the recommendation and, if not accepting, the reasons thereof.

(8)A specified essential infrastructure service provider that has given notice of the acceptance of the recommendation under the provisions of the preceding paragraph must introduce or entrust critical maintenance and management, etc. of the specified critical facilities pursuant to the relevant plan of introduction, etc. after having notified the competent minister of a plan of introduction, etc. that has been amended pertaining to the relevant recommendation, or suspend introduction of or entrustment of critical maintenance and management, etc. of the specified critical facilities pursuant to the plan of introduction, etc. pertaining to the relevant recommendation.

(9)A specified essential infrastructure service provider that has given notice of acceptance of the recommendation under the provisions of paragraph (7) may, notwithstanding the provisions of paragraph (3) or paragraph (4), introduce or entrust critical maintenance and management, etc. of the specified critical facilities pursuant to the plan of introduction, etc. notified under the provisions of the preceding paragraph before 30 days have passed from the day the plan of introduction, etc. was notified under the provisions of paragraph (1) (when an extension has been made under the provisions of paragraph (4), the final day of the relevant extended period).

(10)When a specified essential infrastructure service provider that has received a recommendation under the provisions of paragraph (6) has not given notice under the provisions of paragraph (7) or has given notice of the refusal of the recommendation, and no justifiable grounds are found for refusing the relevant recommendation, the competent minister may, as provided by order of the competent ministry, order the specified essential infrastructure service provider that received the relevant recommendation to introduce or entrust critical maintenance and management, etc. of the specified critical facilities pursuant to the relevant plan of introduction, etc. after having notified the competent minister of an introduction plan of introduction, etc. that has been amended pertaining to the relevant recommendation, or to suspend the introduction or entrustment of critical maintenance and management, etc. of the specified critical facilities pertaining to the plan of introduction, etc. pertaining to the relevant recommendation. Provided, however, that the period during which the competent minister may order the introduction or entrustment of critical maintenance and management, etc. of specified critical facilities pursuant to the plan of introduction, etc. to which the relevant modifications have been made, or to suspend the introduction or entrustment of critical maintenance and management, etc. of specified critical facilities pertaining to the plan of introduction, etc. pertaining to the relevant recommendation is to be until 30 days have passed from receiving the plan of introduction, etc. under the provisions of paragraph (1) (when an extension has been made under the provisions of paragraph (4), the final day of the relevant extended period).

(11)When a specified essential infrastructure service providers has introduced or entrusted critical maintenance and management. of specified critical facilities in the case prescribed in the proviso to paragraph (1), the specified essential infrastructure service provider must, without delay and as provided by order of the competent ministry, submit to the competent minister written notice (hereinafter referred to as "urgent notice of introduction, etc." in Article 54, paragraph (5) and Article 55, paragraph (2)) including the matters listed in the items of paragraph (2) accompanied by documents provided by order of the competent ministry under paragraph (1).

Article 53(1)The provisions of paragraph (1) of the preceding Article do not apply to persons who have received designation under the provisions of Article 50, paragraph (1) for six months from the day of the designation only with respect to the introduction or entrustment of critical maintenance and management, etc. of specified critical facilities used for specified essential infrastructure business pertaining to the relevant designation.

(2)The provisions of paragraph (1) of the preceding Article do not apply to facilities, equipment, a device, or a program that newly became a specified critical facility due to amendment to the order of the competent ministry that provides specified critical facilities under Article 50, paragraph (1) for six months from the day the relevant facilities, equipment, device, or program became specified critical facilities.

(3)The provisions of paragraph (1) of the preceding Article do not apply to critical maintenance and management, etc. that newly became critical maintenance and management, etc. due to amendment to the order of the competent ministry under paragraph (1) for six months from the day the relevant maintenance and management or operation became critical maintenance and management, etc..

Article 54(1)When a specified essential infrastructure service provider makes material modifications as provided by order of the competent ministry to matters listed in Article 52, paragraph (2) prior to introducing or entrusting another person with critical maintenance and management, etc. of, or before the end of the period of entrusting another person with critical maintenance and management, etc. of, specified critical facilities pertaining to a plan of introduction, etc. notified under the provisions of Article 52, paragraph (1) (in case of modifications made under the provisions of this Act, the modified plan of introduction, etc.; hereinafter the same applies in this Article and Article 55, paragraph (1)), the specified essential infrastructure service provider must, in advance, prepare draft modifications to the relevant plan of introduction, etc. and notify the competent minister thereof accompanied by documents provided by order of the competent ministry. Provided, however, that this does not apply when provided by order of the competent ministry as cases when making the relevant modifications is of urgent necessity.

(2)The provisions of Article 52, paragraphs (2) through (10) apply mutatis mutandis to notification of draft modifications under the provisions of the preceding paragraph.

(3)When a specified essential infrastructure service provider has made modifications under the provisions of paragraph (1) under the provisions of the proviso to paragraph (1), the specified essential infrastructure service provider must, as provided by order of the competent ministry, notify the competent minister of a plan of introduction, etc. specifying the details of the relevant modifications, accompanied by documents provided by order of the competent ministry in paragraph (1).

(4)When a specified essential infrastructure service provider makes modifications to matters listed in the items of Article 52, paragraph (2) (except for modifications under the provisions of paragraph (1) and minor modifications as provided by order of the competent ministry) prior to introducing or entrusting another person with critical maintenance and management, etc. of, or before the end of the period of entrusting another person with critical maintenance and management, etc. of, specified critical facilities pertaining to a plan of introduction, etc. notified under the provisions of Article 52, paragraph (1), or modifications provided by order of the competent ministry as items listed in Article 52, paragraph (2), item (c) after the relevant introduction, the specified essential infrastructure service provider must, without delay, report the details of the relevant modifications to the competent minister as provided by order of the competent ministry.

(5)The provisions of the preceding paragraphs apply mutatis mutandis to specified essential infrastructure service providers pertaining to an urgent notice of introduction, etc. notified under the provisions of Article 52, paragraph (11) (in case of modifications made under the provisions of this Act, the modified urgent notice of introduction, etc.; the same applies in Article 55, paragraph (2)). In such cases, the term "prior to introducing or entrusting another person with critical maintenance and management, etc. of, or before the end of the period of entrusting another person with critical maintenance and management, etc." in paragraph (1) and the preceding paragraph is deemed to be replaced with "before the end of the period of entrusting another person with critical maintenance and management, etc."

Article 55(1)If, after a specified essential infrastructure service providers that has made notification of a plan of introduction, etc. under the provisions of Article 52, paragraph (1) has become able to introduce specified critical facilities or entrust critical maintenance and management, etc. or has introduced or entrusted critical maintenance and management, etc. of specified critical facilities pertaining to the relevant plan of introduction, etc. under the provisions of the preceding three articles, the competent minister has come to find that the specified critical facilities pertaining to the relevant plan of introduction, etc. are highly likely to be used as means for specified interference actions due to a shift in the international situation or other changes in circumstances, the competent minister may recommend that the specified essential infrastructure service provider that made the relevant notification implement an inspection or maintenance check, change the other party to the entrustment of critical maintenance and management, etc. of the relevant specified critical facilities, or take other necessary measures to prevent specified interference actions.

(2)If, after a specified essential infrastructure service provider that has notified an urgent notice of introduction, etc. under the provisions of Article 52, paragraph (11) has become able to introduce or entrust or has introduced or entrusted critical maintenance and management, etc. of specified critical facilities pertaining to the relevant urgent notice of introduction, etc. under the provisions of the preceding three Articles, the competent minister have come to find that specified critical facilities pertaining to the relevant urgent notice of introduction, etc. are used or are highly likely to be used as means to engage in specified interference actions, the competent minister may recommend that the specified essential infrastructure service provider that made the relevant notification implement an inspection or maintenance check, change the other party to the entrustment of critical maintenance and management, etc. of the relevant specified critical facilities, or take other necessary measures to prevent specified interference actions.

(3)The provisions of Article 52, paragraphs (7), (8), and (10) (excluding the proviso) apply mutatis mutandis to the recommendations under the provisions of the preceding two paragraphs.

Article 56(1)When making a recommendation under the provisions of Article 52, paragraph (6) (including as applied mutatis mutandis pursuant to Article 54, paragraph (2) (including as applied mutatis mutandis pursuant to Article 54, paragraph (5); hereinafter the same applies in this Article); the same applies in the following paragraph and Article 58, paragraph (2)) or paragraph (1) or (2) of the preceding Article, or making an order under the provisions of Article 52, paragraph (10) (including cases when applied mutatis mutandis to Article 54, paragraph (2) and paragraph (3) of the preceding Article; hereinafter the same applies in this Chapter and Article 88), the competent minister must, in advance, consult with the Prime Minister and other heads of relevant administrative organs.

(2)Beyond what is set forth in Article 52, paragraphs (6) through (10), the preceding Article, and the preceding paragraph, the procedures and other necessary matters for extensions under the provisions of Article 52, paragraph (4) (including as applied mutatis mutandis pursuant to Article 54, paragraph (2); the same applies in Article 88), shortening under the provisions of Article 52, paragraph (5) (including as applied mutatis mutandis pursuant to Article 54, paragraph (2)), recommendations under the provisions of Article 52, paragraph (6) and paragraphs (1) and (2) of the preceding Article, and orders under the provisions of Article 52, paragraph (10) are provided by Cabinet Order.

Article 57The competent minister is to endeavor to provide information that contributes to preventing specified interference actions to specified essential infrastructure service providers.

Article 58(1)The competent minister may, to the extent necessary for designation under the provisions of Article 50, paragraph (1), seek from persons engaged in specified essential infrastructure business necessary reports or the submission of materials regarding the relevant specified essential infrastructure business.

(2)The competent minister may, to the extent necessary to execute the provisions of Article 51, Article 52, paragraphs (6) and (10), and Article 55, paragraphs (1) and (2), seek from specified essential infrastructure service providers the submission of reports or materials necessary for the specified essential infrastructure business engaged in by the specified essential infrastructure service providers, or have officials thereof enter the specified essential infrastructure service provider's offices or other necessary places, ask questions regarding the specified essential infrastructure business, or inspect books, documents, or other objects.

(3)The officials who conduct the on-site inspection under the provisions of the preceding paragraph must carry an identification card and produce it when requested by the people concerned.

(4)The authority for the on-site inspections under the provisions of paragraph (2) must not be construed as having been granted for criminal investigation.

Article 59When the competent minister finds it necessary to execute the provisions of this Chapter, the competent minister may seek the provision of materials and information, explanations, statements of opinion, and other necessary cooperation from the Prime Minister, heads of relevant administrative organs, and other relevant persons.

Article 60(1)The Government is to provide, pursuant to the basic policy, guiding principles on promotion of research and development of specified critical technologies and the appropriate utilization of the results thereof (hereinafter referred to as "guiding principles on research and development of the specified critical technologies" in this Chapter).

(2)The guiding principles on research and development of the specified critical technologies is to provide the following matters:

(3)The Prime Minister must prepare a draft guiding principles on research and development of the specified critical technologies and seek a cabinet decision.

(4)When preparing the draft guiding principles on research and development of the specified critical technologies pursuant to the provision of the preceding paragraph, the Prime Minister must, in advance, hear the opinions of persons with knowledge of economic measures related to ensuring security, domestic and external trends in socioeconomic conditions and research and development, and other knowledge of development support for specified critical technologies.

(5)When there has been a cabinet decision under the provisions of paragraph (3), the Prime Minister must, without delay, publicize the guiding principles on research and development of the specified critical technologies.

(6)The provisions of the preceding three paragraphs apply mutatis mutandis to modifications to the guiding principles on research and development of the specified critical technologies.

Article 61The State is to, pursuant to the guiding principles on research and development of the specified critical technologies, endeavor to provide necessary information, secure funding, develop human resources and improve the quality thereof, and take other measures for the promotion of research and development of specified critical technologies (meaning advanced technology that could become critical to maintaining the future lives of the citizenry and economic activity (referred to as "advanced technology" in Article 64, paragraph (2), items (i) and (ii)) for which a situation is likely to arise in which the security of the nation and its citizens is undermined if the relevant technology or the information used in research and development thereof is wrongfully used externally, or if the products or services using such technology are dependent on the outside and the stable use of these products or services is no longer possible due to actions taken from the outside; hereinafter the same applies in this Chapter) and the appropriate utilization of the results thereof.

Article 62(1)For the promotion of research and development of specified critical technologies conducted via the relevant research and development, etc. and the appropriate utilization of the results thereof, the ministers who grant funds regarding research and development, etc. conducted with the State funding under the provisions of Article 12, paragraph (1) of the Act on Vitalizing the Creation of Science, Technology, and Innovation (Act No. 63 of 2008; referred to as the "Vitalization Act" in paragraphs (1) and (2) of the following Article) (hereinafter referred to as "research and development ,etc." in this Article and paragraph (4) of the following Article) (hereinafter referred to as "ministers of research and development" in this Article and Article 87, paragraph (1)) may, pursuant to the guiding principles on research and development of the specified critical technologies and after obtaining the consent of a person engaged in research and development, etc. on the relevant specified critical technologies who is a person found to be reasonable to represent the relevant research and development, etc., organize a council comprised of the relevant persons and the relevant ministers of research and development (hereinafter referred to as the "council" in this Article).

(2)When organizing a council, the ministers of research and development must, in advance, consult the Prime Minister.

(3)The ministers of research and development who organize a council pursuant to the provisions of paragraph (1) may, when finding it to be necessary, add as members of the council the heads of relevant national administrative organs, persons engaged in research and development, etc. of the relevant specified critical technology, the institution for surveys and research of specified critical technology (meaning the institution for surveys and research of specified critical technology provided in Article 64, paragraph (3); the same applies in paragraph (6)), and other persons found to be necessary by the ministers of research and development, after obtaining their consent.

(4)The council is to consult on the following matters to achieve the objective of paragraph (1):

(5)Council members are to, pursuant to the results of the consultation in the preceding paragraph, properly manage information on research and development of specified critical technologies and undertake other necessary initiatives.

(6)When finding it to be necessary to conduct the consultation under paragraph (4), the council may seek from its members or the institution for surveys and research of specified critical technology (excluding those that are members of the relevant council; hereinafter the same applies in this paragraph) the provision of materials, explanations, statements of opinion, or other cooperation which are necessary regarding the promotion of research and development of specified critical technologies and the appropriate utilization of the results thereof. In such cases, the relevant members and relevant institution for surveys and research of specified critical technology are to endeavor to respond to the request.

(7)A person who is or has been engaged in the administrative processes of a council must not divulge or misappropriate secret learned in the course of the relevant administrative processes without justifiable grounds.

(8)Beyond what is set forth in the preceding paragraphs, the council is to provide matters necessary for the council's organization and operation.

Article 63(1)The Prime Minister may, pursuant to the guiding principles on research and development of the specified critical technologies, designate as designated funds those funds under the provisions of Article 27-2, paragraph (1) of the Vitalization Act with the objective of the promotion of research and development of specified critical technologies and the appropriate utilization of the results thereof.

(2)When making a designation under the preceding paragraph, the Prime Minister must, in advance, consult the Minister of Finance, the minister who has jurisdiction over the fund distribution institution pertaining to the relevant designated fund (meaning fund distribution institution under the provisions of Article 27-2, paragraph (1) of the Vitalization Act) (referred to as "minister with jurisdiction over the designated fund" in paragraph (4) and Article 87, paragraph (1)) and the heads of other relevant administrative organs.

(3)The State may, within the limits of the budget, subsidize the funds allocated to a designated fund.

(4)The minister with jurisdiction over a designated fund is to, jointly with the Prime Minister, organize a council comprised of persons engaged in research and development, etc. of specified critical technologies conducted with the relevant designated fund who is found to be reasonable as a person to represent the relevant research and development, etc., the relevant minister with jurisdiction over the designated fund, and the Prime Minister (referred to as a "council for a designated fund" in the next paragraph) to ensure the relevant designated fund's promotion of research and development of specified critical technologies and the appropriate utilization of the results thereof.

(5)The provisions of paragraphs (3) through (8) of the preceding Article apply mutatis mutandis to a council for a designated fund. In such cases, the term "paragraph (1)" in paragraphs (3) and (4) of the preceding Article is deemed to be replaced with "paragraph (4) of the next Article," and the term "ministers of research and development" is deemed to be replaced with "minister with jurisdiction over a designated fund and the Prime Minister."

Article 64(1)The Prime Minister is to, pursuant to the guiding principles on research and development of the specified critical technologies, engage in surveys and research necessary for promotion of research and development of specified critical technologies and the appropriate utilization of the results thereof (referred to as "surveys and research" in the next paragraph and paragraph (3)).

(2)The Prime Minister may entrust, in whole or in part, surveys and research to a person (limited to a corporation) that is in conformity with the following criteria as a person that can appropriately implement the surveys and research:

(3)The head of a relevant administrative organ may provide information and materials necessary to conduct the surveys and research pertaining to the relevant entrustment, in response to a request from a person entrusted under the provisions of the preceding paragraph (referred to as "institution for surveys and research of specified critical technology" in the next paragraph).

(4)An officer or employee of an institution for surveys and research of specified critical technology, or a person who was formerly in that position, must not divulge or misappropriate sensitive information learned in the course of their duties without justifiable grounds.

Article 65(1)The Government is, pursuant to the basic policy, to provide guiding principles on measures regarding exceptions to publication of applications under the Patent Act (Act No. 121 of 1959), the proper management of information pertaining to inventions stated in descriptions, claims, or drawings (hereinafter referred to as "descriptions, etc." in this Chapter) pertaining to patent applications under the provisions of Article 36, paragraph (1) of the Patent Act, and other measures to prevent the flowing out of information pertaining to inventions that, if made known to the public, would be highly likely to create a situation to undermine the security of the nation its citizens through actions taken from the outside (hereinafter referred to as "Non-Disclosure of Patent Applications" in this Article) (hereinafter referred to as "guiding principles on non-disclosure of patent applications").

(2)The guiding principles on non-disclosure of patent applications is to provide the following matters:

(3)The Prime Minister must prepare a draft guiding principles on non-disclosure of patent applications and seek a cabinet decision.

(4)When preparing the draft guiding principles on non-disclosure of patent applications under the provisions of the preceding paragraph, the Prime Minister must, in advance, seek the opinions of persons with knowledge of economic measures related to ensuring security, industrial technology, and other knowledge regarding non-disclosure of patent applications, and must consider impacts on industrial activity.

(5)When there has been a cabinet decision under the provisions of paragraph (3), the Prime Minister must, without delay, publicize the guiding principles on non-disclosure of patent applications.

(6)The provisions of the preceding three paragraphs apply mutatis mutandis to modifications to the guiding principles on non-disclosure of patent applications.

Article 66(1)When the Commissioner of the Japan Patent Office has received a patent application, and the descriptions, etc. list an invention belonging to a technology field provided by Cabinet Order in accordance with an international patent classification (meaning international patent classification under the provisions of Article 1 of the Strasbourg Agreement Concerning the International Patent Classification of March 24, 1971) or a classification divided in accordance thereto that could include an invention that, if made known to the public, would be highly likely to create a situation to undermine the security of the nation and its citizens through actions taken from the outside (hereinafter referred to as "specified technology field" in this paragraph)(in cases when the invention belongs to a specific technology field provided by Cabinet Order as a technology field that is found to have a significant impact on the development of industry if a security designation is made, limited to inventions that fall under the requirements provided by Cabinet Order), the Commissioner of the Japan Patent Office is to send to the Prime Minister documents pertaining to the relevant patent application as provided by Cabinet Office Order and Order of the Ministry of Economy, Trade and Industry by the day on which the period provided by Cabinet Order not exceeding three months from the day of the relevant patent application has elapsed. Provided, however, that when it is found to be obviously unnecessary to proceed with a security review (meaning a security review under the provisions of paragraph (1) of the following Article; hereinafter the same applies in the following paragraph) in light of the relevant invention's technology level, characteristics, or disclosure status, the Commissioner of the Japan Patent Office may choose not to send the documents.

(2)The preceding paragraph also applies when the patent applicant has made a request along with the patent application seeking a security review as provided by Cabinet Office Order and Order of the Ministry of Economy, Trade and Industry, on the ground that the invention stated in the descriptions, etc., if made known to the public, would be highly likely to create a situation to undermine the security of the nation and its citizens. The preceding paragraph also applies when it has been found that a person that, in the past, underwent a security review based on such a request and received a notification under the provisions of paragraph (9) of the following Article or a person who is a successor to the right to the grant of a patent from that person has filed a patent application stating in the descriptions, etc. an invention pertaining to the relevant notification.

(3)When the Commissioner of the Japan Patent Office has sent the documents under the provisions of the main clause of paragraph (1) or the preceding paragraph, the Commissioner of the Japan Patent Office is to notify the patent applicant that the documents has been sent.

(4)Regarding the application of the provisions of paragraph (1) when a patent application under the provisions of paragraph (1) is a patent application listed in the left-hand column of the following table, the term "day of the relevant patent application" in paragraph (1) is deemed to be replaced with the day listed in the right-hand column of the table respectively corresponding to the categories in the left-hand column of the table (when the relevant patent application falls under two or more categories in the left-hand column of the table, the latest day provided in the right-hand column of the table pertaining to the relevant categories).

(5)The main clause of paragraph (1) and paragraph (2) do not apply to international applications deemed to be patent applications under the provisions of Article 184-3, paragraph (1) of the Patent Act.

(6)When the Commissioner of the Japan Patent Office determines it necessary in order to judge whether or not to send documents under the provisions of the main clause of paragraph (1) or paragraph (2), the Commissioner of the Japan Patent Office may request the submission of materials and explanations from the patent applicant.

(7)Until the Commissioner of the Japan Patent Office judges that an application does not fall under cases to send documents under the provisions of the main clause of paragraph (1) or paragraph (2), or until the period provided in the main clause of paragraph (1) has elapsed without the relevant documents having been sent, or until the Prime Minister has made a notification under the provisions of Article 71 or Article 77, paragraph (2), the provisions of Article 49, Article 51, and Article 64, paragraph (1) of the Patent Act are not to apply.

(8)When there has been a waiver or withdrawal of patent application after the sending of documents under the provisions of the main clause of paragraph (1) or paragraph (2) and before a notification has been received under the provisions of Article 70, paragraph (1) or Article 71, the Commissioner of the Japan Patent Office must notify the Prime Minister to that effect. The same applies when there has been a notification of succession under the provisions of Article 34, paragraph (4) or paragraph (5) of the Patent Act after the sending of documents under the provisions of the main clause of paragraph (1) or paragraph (2) and before a notification has been received under the provisions of Article 71 or Article 77, paragraph (2).

(9)When the Commissioner of the Japan Patent Office dismisses a patent application after the sending of documents under the provisions of the main clause of paragraph (1) or paragraph (2) and before a notification has been received under the provisions of Article 70, paragraph (1) or Article 71, the Commissioner of the Japan Patent Office is to notify in advance the Prime Minister to that effect.

(10)When the Commissioner of the Japan Patent Office has judged that sending documents under the provisions of the main clause of paragraph (1) or paragraph (2) does not apply, and a patent applicant has made a request as provided by Cabinet Office Order and Order of the Ministry of Economy, Trade and Industry, the Commissioner of the Japan Patent Office must notify the patent applicant to the effect that a judgment was made not to send documents under these provisions.

(11)The provisions of paragraph (1) are not to apply to patent applications stating in the descriptions, etc. an invention that newly falls under the provisions of the main clause of paragraph (1) due to amendments to Cabinet Order pursuant to the provisions of paragraph (1) and that is pending before the Japan Patent Office at the time of the amendments thereto.

Article 67(1)When the Prime Minister has received documents pertaining to a patent application under the provisions of the main clause of paragraph (1) or paragraph (2) of the preceding Article, the Prime Minister is to conduct a review, as provided by Cabinet Office Order, to determine whether or not the Descriptions, etc. pertaining to the relevant patent application include an invention that, if made known to the public, would be highly likely to create a situation to undermine the security of the nation and its citizens through actions taken from the outside, and whether it is appropriate to protect information pertaining to the relevant invention (meaning measures to prevent outflow of the relevant information to the outside; the same applies in Article 70, paragraph (1)) in consideration of the extent of the likelihood thereof, the impact on industrial development if a security designation is made, and other circumstances (hereinafter referred to as a "security review" in this Chapter).

(2)When the Prime Minister determines it necessary for a security review, the Prime Minister may seek from the patent applicant and other related persons the submission of materials and explanations.

(3)In conducting a security review, the Prime Minister may seek from national government organs that have the necessary expert knowledge the submission of materials and explanations necessary for the security review and other necessary cooperation.

(4)When the Prime Minister is unable to obtain sufficient materials or information under the provisions of the preceding paragraph, the Prime Minister may seek from persons other than national government organs that have expert knowledge the submission of necessary materials or information, and explanations and other necessary cooperation. In such cases, the Prime Minister must give consideration to the selection of the relevant persons with expert knowledge so that disclosing the details of inventions to the relevant persons with expert knowledge does not damage the interests of the patent applicant.

(5)When the Prime Minister determines it necessary when seeking from persons other than national government organs that have expert knowledge the submission of necessary materials or information, and explanations and other necessary cooperation under the provisions of the preceding paragraph, the Prime Minister may disclose the details of the invention stated in the descriptions, etc. to that person (if a request is made to use an assistant, that person and the assistant thereof; hereinafter the same applies in this paragraph). In such cases, the Prime Minister must, in advance, obtain that person's consent to receive the disclosure after having explained that the person will be subject to the provisions of paragraph (8).

(6)When the Prime Minister determines it necessary in judging whether or not to make a security designation, the Prime Minister may, in advance, consult with the heads of relevant administrative organs.

(7)The provisions of paragraphs (4) and (5) apply mutatis mutandis to the heads of relevant administrative organs who have been consulted under the provisions of the preceding paragraph. In such cases, the term "is unable to obtain sufficient materials or information under the provisions of the preceding paragraph" in paragraph (4) is deemed to be replaced with " does not have sufficient materials or information to respond to a consultation under the provisions of paragraph (6)."

(8)National government officials involved in a security review and persons who have received disclosure of the details of an invention under the provisions of paragraph (5) (including as applied mutatis mutandis pursuant to the preceding paragraph) must not divulge or misappropriate confidential information pertaining to the details of the relevant invention without justifiable grounds.

(9)When the Prime Minister intends to make a security designation, the Prime Minister must notify the patent applicant, as provided by Cabinet Office Order, of the details of the invention that could be an invention for security designation under the provisions of Article 70, paragraph (1), and seek the submission of documents stating matters listed in the following items if the patent applicant will maintain the application:

(10)If maintaining a patent application, a patent applicant must submit, as provided by Cabinet Office Order, to the Prime Minister within fourteen days of receiving the notification under the provisions of the preceding paragraph documents provided under the preceding paragraph.

(11)When the Prime Minister determines that the stated details of documents submitted under the provisions of the preceding paragraph are inappropriate, the Prime Minister may seek a correction thereof from the patent applicant, specifying a reasonable period of time.

Article 68If a patent applicant has received a notification under the provisions of paragraph (9) of the preceding Article, the patent applicant must not publish the details of the invention pertaining to the relevant notification until receiving a notification under the provisions of Article 70, paragraph (1) or Article 71; provided, however, that this is not to apply if the patent applicant has waived or withdrawn the application or the application has been dismissed.

Article 69(1)The Prime Minister may discontinue a security review when a patent applicant has not submitted documents under the provisions of Article 67, paragraph (9) within the period of time provided under Article 67, paragraph (10), or has not made corrections under the provisions of Article 67, paragraph (11) within the period of time provided under Article 67, paragraph (11), the Prime Minister determines the patent applicant has violated the provisions of the preceding Article, or the Prime Minister determines that a patent applicant has made a request under the provisions of the first sentence of Article 66, paragraph (2) for unjust purposes and without due cause.

(2)When discontinuing a security review under the provisions of the preceding paragraph, the Prime Minister must, in advance, notify the patent applicant of the reasons thereof and give the opportunity to submit a document stating an explanation, specifying a reasonable period of time.

(3)When the Prime Minister has discontinued a security review under the provisions of paragraph (1), the Prime Minister is to notify the Commissioner of the Japan Patent Office to that effect.

(4)The Commissioner of the Japan Patent Office is to dismiss the patent application after having received the notification under the provisions of the preceding paragraph.

Article 70(1)When the Prime Minister finds, as a result of a security review, that an invention that, if made known to the public, would be highly likely to create a situation to undermine the security of the nation and citizens through actions taken from the outside has been stated in the descriptions, etc. under the provisions of Article 67, paragraph (1), and that it is appropriate to protect information pertaining to the relevant invention in consideration of the extent of the likelihood thereof, the impact on industrial development if a security designation is made, and other circumstances, the Prime Minister is to designate the relevant invention as an invention for security designation and notify the patent applicant and Commissioner of the Japan Patent Office, as provided by Cabinet Office Order.

(2)When making a designation under the provisions of the preceding paragraph (hereinafter referred to as "security designation" in this Chapter and Article 88), the Prime Minister is to provide a period of time for the security designation not exceeding one year from the day of the relevant security designation.

(3)The Prime Minister must judge whether or not it is necessary to continue a security designation before the day the security designation period (when the security designation period has been extended under the provisions of this paragraph, the extended period; hereinafter the same applies in this Chapter) expires. In such cases, when the Prime Minister determines it is necessary to continue, the Prime Minister may extend the security designation period for no more than one year.

(4)The provisions of Article 67, paragraphs (2) through (8) apply mutatis mutandis to cases of the judgment under the provisions of the first sentence of the preceding paragraph. In such cases, the term "invention" in Article 67, paragraphs (4) and (8), and the term "invention stated in the descriptions, etc."in Article 67, paragraph (5) are deemed to be replaced with "invention for security designation under the provisions of Article 70, paragraph (1)."

(5)When the Prime Minister has made an extension under the provisions of the second sentence of paragraph (3), the Prime Minister is to notify to that effect the patent applicant who received the notification under the provisions of paragraph (1) (if there has been a transfer of the right to the grant of the patent after the notification, the successor; hereinafter referred to as the "designated patent applicant" in this Chapter) and the Commissioner of the Japan Patent Office.

Article 71When the Prime Minister determines that there is no need to make a security designation as a result of a security review, the Prime Minister is to notify the patent applicant and the Commissioner of the Japan Patent Office to that effect.

Article 72(1)A designated patent applicant may not waive or withdraw a patent application until receiving the notification under the provisions of Article 77, paragraph (2).

(2)Notwithstanding the provisions of Article 10, paragraph (1) of the Utility Model Act (Act No. 123 of 1959) and Article 13, paragraph (1) of the Design Act (Act No. 125 of 1959), a designated patent applicant may not convert the patent application into an application for a utility model registration or an application for design registration until receiving the notification under the provisions of Article 77, paragraph (2).

Article 73(1)A designated patent applicant and a person to whom a patent applicant has disclosed the details of an invention for security designation or other person who has acquired knowledge of the details of an invention for security designation in the course of duties and knows that the relevant invention for security designation has received a security designation must not work the relevant invention for security designation (meaning work under the provisions of Article 2, paragraph (3) of the Patent Act; hereinafter the same applies in this Chapter and Article 92, paragraph (1), item (vi)). Provided, however, that this is not to apply when the designated patent applicant has received authorization from the Prime Minister for the relevant work.

(2)A designated patent applicant who intends to obtain the authorization under the provisions of the proviso to the preceding paragraph must submit to the Prime Minister an application document stating the details of the work for which the designated patent applicant intends to receive authorization and other matters to be provided by Cabinet Office Order.

(3)When the Prime Minister determines that the work pertaining to the application for authorization under the provisions of the proviso to paragraph (1) is not likely to cause persons other than those provided under the main clause of paragraph (1) to know the details of an invention for security designation and otherwise determines it is appropriate from the perspective of preventing leakage of information pertaining to an invention for security designation, the Prime Minister is to give the authorization under the provisions of the proviso to paragraph (1).

(4)Conditions necessary to prevent leakage of information pertaining to an invention for security designation may be attached to the authorization under the provisions of the proviso to paragraph (1).

(5)The provisions of Article 67, paragraphs (2) through (5) and paragraph (8) apply mutatis mutandis to cases of judgments of whether or not to give authorization under the provisions of the proviso to paragraph (1). In such cases, the term "invention" in Article 67, paragraphs (4) and (8), and the term "invention stated in the Descriptions, etc." in Article 67, paragraph (5) are deemed to be replaced with "invention for security designation under the provisions of Article 70, paragraph (1)."

(6)When the Prime Minister determines that a designated patent applicant has worked an invention for security designation in violation of the provisions of paragraph (1) or conditions attached to authorization under the provisions of paragraph (4) and that it is appropriate for the patent application to be dismissed, the Prime Minister is to notify the Commissioner of the Japan Patent Office and the designated patent applicant to that effect. The same applies when a person other than the designated patent applicant has worked an invention for security designation in violation of the provisions of paragraph (1) or conditions attached to authorization under the provisions of paragraph (4) due to the designated patent applicant not having taken sufficient measures under the provisions of Article 75, paragraph (1).

(7)When making the notification under the provisions of the preceding paragraph, the Prime Minister must, in advance, notify the designated patent applicant of the reasons thereof and give the opportunity to submit a document stating an explanation, specifying a reasonable period of time.

(8)When the Commissioner of the Japan Patent Office has received a notification under the provisions of paragraph (6), the Commissioner of the Japan Patent Office is to dismiss the patent application after receiving the notification under the provisions of Article 77, paragraph (2).

Article 74(1)A designated patent applicant and a person to whom a patent applicant has disclosed the details of an invention for security designation or other person who has acquired knowledge of the details of an invention for security designation in the course of duties and knows that the relevant invention for security designation has received a security designation must not disclose the details of the invention for security designation, excluding when there are justifiable grounds.

(2)When the Prime Minister determines that a designated patent applicant has disclosed the details of an invention for security designation in violation of the provisions of the preceding paragraph and that it is appropriate to dismiss the patent application, the Prime Minister is to notify the Commissioner of the Japan Patent Office and the designated patent applicant to that effect. The same applies when a person other than the designated patent applicant has disclosed the details of an invention for security designation in violation of the provisions of the preceding paragraph due to the designated patent applicant not having taken sufficient measures under the provisions of paragraph (1) of the following Article.

(3)The provisions of paragraphs (7) and (8) of the preceding Article apply mutatis mutandis to the notification under the provisions of the preceding paragraph.

Article 75(1)A designated patent applicant must properly manage persons who handle information pertaining to inventions for security designation and take other measures provided by Cabinet Office Order as necessary appropriate measures to prevent leakage of information pertaining to inventions for security designation, and must have enterprises permitted to handle information pertaining to inventions for security designation (hereinafter referred to as "invention sharing enterprise" in this Chapter) take such measures.

(2)An invention sharing enterprise must take the measures under the provisions of the preceding paragraph in accordance with the designated patent applicant's instructions.

Article 76(1)When a designated patent applicant permits an enterprise other than an enterprise stated as an enterprise provided under Article 67, paragraph (9), item (ii) in the document under the provisions of Article 67, paragraph (9) to newly handle information pertaining to an invention for security designation, the designated patent applicant must, in advance, obtain the permission of the Prime Minister as provided by Cabinet Office Order.

(2)When a designated patent applicant has ceased to permit an invention sharing enterprise to handle information pertaining to an invention for security designation or if other modifications arise regarding invention sharing enterprises, excluding the case referred to in the preceding paragraph, the designated patent applicant must, without delay, notify the Prime Minister of the details of the modification as provided by Cabinet Office Order.

Article 77(1)When the Prime Minister has determined that it is not necessary to continue a security designation, the Prime Minister is to cancel the security designation.

(2)When the Prime Minister has cancelled a security designation under the provisions of the preceding paragraph, or when a security designation period has expired, the Prime Minister is to notify the designated patent applicant and the Commissioner of the Japan Patent Office to that effect.

(3)The provisions of Article 67, paragraphs (2) through (8) apply mutatis mutandis to cases when a security designation is cancelled under the provisions of paragraph (1). In such cases, the term "invention" in Article 67, paragraphs (4) and (8), and the term"invention stated in the Descriptions, etc." in Article 67, paragraph (5) are deemed to be replaced with "invention for security designation under the provisions of Article 70, paragraph (1)."

Article 78(1)When an invention made in Japan that has not been made public is an invention under the provisions of the main clause of Article 66, paragraph (1), no person may file a foreign application (meaning a patent application filed in foreign countries and an international application pursuant to the Patent Cooperation Treaty done in Washington on June 19, 1970, excluding those provided by Cabinet Order; hereinafter the same applies in this Chapter and Article 94, paragraph (1)) stating the relevant invention, excluding cases when, under the provisions of paragraph (4) of the following Article, the person has received a response that it is obvious that making the invention public will not impact the security of the nation and its citizens due to actions taken from the outside. Provided, however, that this is not to apply to the relevant invention stated in the descriptions, etc. pertaining to a patent application, in cases when the patent application has been filed in Japan and when the period provided by Cabinet Order not exceeding ten months has elapsed from the day of the relevant patent application (excluding when a notification under the provisions of Article 70, paragraph (1) has been received, or the relevant patent application has been dismissed, waived, or withdrawn before the relevant period has elapsed), the notification under the provisions of Article 66, paragraph (3) has not been made within the period provided in the main clause of Article 66, paragraph (1) (excluding when the relevant patent application has been dismissed, waived, or withdrawn before the relevant period has elapsed), or the notification under the provisions of Article 66, paragraph (10), Article 71, or paragraph (2) of the preceding Article has been received.

(2)Regarding application of the provisions of the preceding paragraph to designated patent applicants, the term in the paragraph "invention under the provisions of the main clause of Article 66, paragraph (1)" is deemed to be replaced with "invention under the provisions of the main clause of Article 66, paragraph (1) (for an invention stated in the descriptions, etc. of a patent application for which a notification has been received under the provisions of Article 70, paragraph (1), invention for security designation)."

(3)Regarding the application of the provisions of the proviso to paragraph (1) when a patent application under the provisions of the proviso to paragraph (1) is a patent application listed in the left-hand column of the following table, the term "the day of the relevant patent application" in the proviso is deemed to be replaced with the day set forth in the right-hand column of the same table corresponding to the category set forth in the left-hand column of the same table (when the relevant patent application falls under two or more of the categories set forth in the left-hand column of the same table, the latest day among days provided in the right-hand column of the same table pertaining to the relevant category).

(4)When the Commissioner of the Japan Patent Office has received an international application deemed to be a patent application under the provisions of Article 184-3, paragraph (1) of the Patent Act, and an invention under the provisions of the main clause of Article 66, paragraph (1) is stated in the descriptions, etc. pertaining to the relevant patent application, the Commissioner of the Japan Patent Office is to notify the Prime Minister to that effect.

(5)When the Prime Minister determines that a patent applicant whom the Commissioner of the Japan Patent Office has notified under the provisions of Article 66, paragraph (3) (when there has been a transfer of the right to the grant of the patent after the notification, including the successor thereof) has filed a foreign application in violation of the provisions of paragraph (1) or an international application pertaining to the notification under the provisions of the preceding paragraph violates the provisions of paragraph (1), and that it is appropriate for the patent application to be dismissed, the Prime Minister is to notify the Commissioner of the Japan Patent Office and the patent applicant to that effect.

(6)The provisions of Article 73, paragraph (7) apply mutatis mutandis to the notification under the provisions of the preceding paragraph.

(7)When the Commissioner of the Japan Patent Office has received the notification under the provisions of paragraph (5), the Commissioner of the Japan Patent Office is to dismiss the patent application; provided, however, that when the patent application has received a security designation, the Commissioner of the Japan Patent Office is to dismiss the patent application after receiving the notification under the provisions of paragraph (2) of the preceding Article.

Article 79(1)A person who intends to file a foreign application stating an invention that could fall under an invention under the provisions of the main clause of Article 66, paragraph (1) may, only in cases when the person has not filed a patent application in Japan that states the relevant invention in the Descriptions, etc., seek confirmation from the Commissioner of the Japan Patent Office as to whether or not the foreign application is prohibited under the provisions of paragraph (1) of the preceding Article, as provided by Cabinet Office Order and Order of the Ministry of Economy, Trade and Industry.

(2)When the Commissioner of the Japan Patent Office has received a request under the provisions of the preceding paragraph and the invention pertaining to the relevant request does not fall under an invention under the provisions of the main clause of Article 66, paragraph (1), the Commissioner of the Japan Patent Office is to respond, without delay, to the person who made the relevant request to that effect.

(3)When the Commissioner of the Japan Patent Office has received a request under the provisions of paragraph (1) and the invention pertaining to the relevant request falls under an invention under the provisions of the main clause of Article 66, paragraph (1), the Commissioner of the Japan Patent Office is to seek, without delay, confirmation from the Prime Minister as to whether it is obvious that making the invention public will not impact the security of the nation and its citizens due to actions taken from the outside. In such cases, the Prime Minister, who has been requested to make the relevant confirmation, is to respond, without delay, to the Commissioner of the Japan Patent Office.

(4)When the Commissioner of the Japan Patent Office has received the response under the provisions of the preceding paragraph, the Commissioner of the Japan Patent Office is to respond, without delay, to the person who made the request under the provisions of paragraph (1) that the invention pertaining to the relevant request falls under an invention under the provisions of the main clause of Article 66, paragraph (1) and the details of the relevant response.

(5)A person who intends to seek confirmation under the provisions of paragraph (1) must pay the State a fee provided by Cabinet Order not exceeding 25,000 yen per case.

(6)The payment of fees under the provisions of the preceding paragraph must be made with revenue stamps, as provided by Cabinet Office Order and Order of the Ministry of Economy, Trade and Industry; provided, however, that when provided by Cabinet Office Order and Order of the Ministry of Economy, Trade and Industry, payment may be made in cash as provided by Cabinet Office Order and Order of the Ministry of Economy, Trade and Industry.

(7)Regarding whether to apply the provisions of paragraph (1) of the preceding Article, the provisions of Article 7 of the Act on Strengthening Industrial Competitiveness (Act No. 98 of 2013) are not to apply.

Article 80(1)The State compensates for losses that would ordinarily arise for persons having incurred losses due to having not received authorization under the provisions of the proviso to Article 73, paragraph (1), due to having conditions attached to authorization under Article 73, paragraph (4), or otherwise due to having received a security designation with respect to an invention for security designation (including those for which security designation has been cancelled or the security designation period has expired).

(2)A person who intends to receive the compensation under the provisions of the preceding paragraph must make a request to the Prime Minister as provided by Cabinet Office Order.

(3)When there has been a request under the provisions of the previous paragraph, the Prime Minister must decide the amount to be compensated and notify the requesting person thereof.

(4)The provisions of Article 67, paragraphs (2) through (4) and the first sentence of paragraph (5) (when during a security designation period, beyond these provisions, the provisions of the second sentence of paragraph (5) and paragraph (8)) apply mutatis mutandis to cases when the Prime Minister makes a decision under the provisions of the preceding paragraph. In such cases, the term "invention" in Article 67, paragraphs (4) and (8), and the term "invention stated in the descriptions, etc." in Article 67, paragraph (5) are deemed to be replaced with "invention for security designation under the provisions of Article 70, paragraph (1) (including those for which security designation has been cancelled or the Security Designation period has expired).

(5)A person who disagrees with a decision under the provisions of paragraph (3) may request an increase in the amount to be compensated by filing an action no later than six months from the day on which the notification was received.

(6)In the action set forth in the preceding paragraph, the State is the defendant.

Article 81(1)A designated patent applicant who is engaged in or is preparing to engage in business in Japan that involves the working of an invention pertaining to the designated patent applicant's own patent application, for which the designated patent applicant does not know it cannot be patented under the provisions of Article 29-2 of the Patent Act because another patent application has received a security designation and the publication of the relevant other application was not made under the provisions of Article 66, paragraph (7), prior to the day of the publication of the relevant other application, has a non-exclusive license under the patent right or the existing exclusive license for the relevant other patent application when the examiner's decision or trial or appeal decision to reject the patent application has become final and binding, but only within the extent of the invention that the person has been working or preparing to work and within the purview of that business purpose.

(2)A person who has patent rights or an exclusive license pertaining to the other patent application under the provisions of the preceding paragraph has the right to receive reasonable compensation from a person who holds a non-exclusive license under the provisions of the preceding paragraph.

Article 82(1)Regarding patent applications containing a priority claim under the provisions of Article 41, paragraph (1) of the Patent Act, if the Commissioner of the Japan Patent Office has dismissed a patent application on which the priority claim is based under the provisions of Article 69, paragraph (4), Article 73, paragraph (8) (including as applied mutatis mutandis pursuant to Article 74, paragraph (3)) or Article 78, paragraph (7), the relevant priority claim is to cease to be effective.

(2)Regarding the application of the provisions of Article 42, paragraph (1) of the Patent Act in cases when a patent application contains a priority claim under the provisions of Article 41, paragraph (1) of the Patent Act based on a patent application that has received a security designation, the term "when the period provided by Order of the Ministry of Economy, Trade and Industry from the filing date of the earlier application has lapsed" in Article 42, paragraph (1) of the Patent Act is deemed to be replaced with "when the period provided by Order of the Ministry of Economy, Trade and Industry from the filing date of the earlier application has lapsed or when a notification under the provisions of Article 77, paragraph (2) of the Act on the Promotion of Ensuring National Security through Integrated Implementation of Economic Measures (Act No. 43 of 2022) was received regarding the relevant earlier application, whichever is later."

(3)Regarding the application of the provisions of Article 48-3, paragraph (1) of the Patent Act in cases where a security designation has been made, the term "within three years from the filing date thereof" in Article 48-3, paragraph (1) of the Patent Act is deemed to be replaced with "within three years from the filing date thereof, or the date on which three months have passed since the date of receipt of a notification under the provisions of Article 77, paragraph (2) of the Act on the Promotion of Ensuring National Security through Integrated Implementation of Economic Measures (Act No. 43 of 2022), whichever is later."

(4)Regarding the application of the provisions of Article 67, paragraph (3) of the Patent Act when a security designation has been made, the term "the period listed in the following items" in Article 67, paragraph (3) of the Patent Act is deemed to be replaced with "the period listed in the following items and the period from the date of receipt of a notification under the provisions of Article 70, paragraph (1) of the Act on the Promotion of Ensuring National Security through Integrated Implementation of Economic Measures (Act No. 43 of 2022)through the date of receipt of a notification under Article 77, paragraph (2) of the said Act."

(5)When the Commissioner of the Japan Patent Office has received an application for utility model registration under the provisions of Article 5, paragraph (1) of the Utility Model Act and the description, scope of claims for the utility model registration, or drawings pertaining to the relevant application for utility model registration state an invention for security designation, notwithstanding the provisions of Article 14, paragraph (2) of the Utility Model Act, the Commissioner of the Japan Patent Office must not make a registration of establishment of utility model under the provisions of Article 14, paragraph (2) of the Utility Model Act until the security designation has been cancelled or the security designation period has expired.

Article 83(1)When the Prime Minister determines it to be necessary in order to prevent the leakage of information pertaining to an invention for security designation when a designated patent applicant or invention sharing enterprise has violated the provisions of Article 75, the Prime Minister may recommend that the relevant person take measures under the provisions of Article 75, paragraph (1).

(2)When a person who has received a recommendation under the provisions of the preceding paragraph has not taken the measures pertaining to the recommendation without justifiable grounds, the Prime Minister may order the relevant person to take the measures pertaining to the recommendation.

(3)Notwithstanding the provisions of the preceding two paragraphs, when the Prime Minister determines that the likelihood of leakage of an invention for security designation is imminent in a case when a designated patent applicant or invention sharing enterprise has violated the provisions of Article 75, the Prime Minister may order the relevant person to take the measures provided under Article 75, paragraph (1).

Article 84(1)The Prime Minister may, to the extent necessary for the enforcement of the provisions of this Chapter, seek from designated patent applicants and invention sharing enterprises the submission of necessary reports or materials regarding the handling of inventions for security designation, or have officials thereof enter the relevant person's offices or other necessary places, ask questions regarding the handling of inventions for security designation, or inspect books, documents, or other items.

(2)The officials who conduct the on-site inspection under the provisions of the preceding paragraph must carry an identification card and produce it when requested by the people concerned.

(3)The authority for the on-site inspections under the provisions of paragraph (1) must not be construed as having been granted for criminal investigation.

Article 85(1)The document to be served regarding procedures provided in this Chapter is provided by Cabinet Office Order and Order of the Ministry of Economy, Trade and Industry.

(2)The provisions of Articles 190 through 192 of the Patent Act apply mutatis mutandis to the service under the preceding paragraph.

Article 86(1)The competent minister in Chapter 2 is the minister who has jurisdiction over the production, import, or sale of specified critical products; provided, however, that the competent ministers in the provisions of the following items are the ministers provided in the relevant item:

(2)The competent minister in Chapter III shall be the minister who has jurisdiction over specified essential infrastructure business.

(3)Orders of the competent ministries in Chapters II and III shall be orders issued by the competent ministers provided in the preceding two paragraphs.

Article 87(1)The authority of the competent minister, ministers of research and development, and the minister with jurisdiction over the designated funds under the provisions of this Act may, pursuant to Cabinet Order, delegate a portion thereof to the head of a local branch office or other bureau or organ as provided by Cabinet Order.

(2)The Prime Minister delegates authority under the provisions of this Act to the Commissioner of the Financial Services Agency (limited to matters pertaining to the Financial Services Agency's jurisdiction, excluding where provided by Cabinet Order).

(3)The Commissioner of the Financial Services Agency may delegate a portion of the authority delegated under the provisions of the preceding paragraph to the head of a local finance bureau or a local finance branch bureau pursuant to Cabinet Order.

Article 88The provisions of Chapters II and III of the Administrative Procedure Act (Act No. 88 of 1993) do not apply to extensions under the provisions of Article 52, paragraph (4), orders under the provisions of Article 52, paragraph (10), security designations, extensions under the provisions of the second sentence of Article 70, paragraph (3), authorizations under the provisions of the proviso to Article 73, paragraph (1), and permissions under the provisions of Article 76, paragraph (1).

Article 89When an order is established, revised, or abolished pursuant to the provisions of this Act, the order may provide necessary transitional measures (including transitional measures concerning penal provisions) to the extent that it is judged reasonably necessary for its establishment, revision or abolishment.

Article 90In the enforcement of this Act, care must be taken not to prevent the sincere implementation of treaties and other international agreements which Japan has concluded.

Article 91Beyond what is set forth in this Act, matters necessary to implement this Act shall be provided by order.

Article 92(1)If a person falls under any of the following items, the person who committed the relevant violation is punished by imprisonment for not more than two years, a fine of not more than one million yen, or both.

(2)A person who attempts the crimes prescribed in items (vi) and (viii) of the preceding paragraph is subject to punishment.

(3)The crimes prescribed in paragraph (1), items (vi) and (viii) also apply to persons who have committed the crimes prescribed in these items outside Japan.

Article 93A person who has divulged or misappropriated without reasonable grounds any secret that the person has come to know in connection with affairs pertaining to seeking reports or the submission of materials under the provisions of Article 48, paragraph (1) is punished by imprisonment for not more than two years or a fine of not more than one million yen.

Article 94(1)When a person has made a foreign application in violation of the provisions of Article 78, paragraph (1) (except in cases falling under Article 92, paragraph (1), item (viii)), the person who committed the relevant violation is punished by imprisonment for not more than one year, a fine of not more than five hundred thousand yen, or both.

(2)The crime prescribed in the preceding paragraph also applies to persons who have committed the crime prescribed in the preceding paragraph outside Japan.

Article 95(1)A person who falls under any of the following items is punished by imprisonment for not more than one year or a fine of not more than five hundred thousand yen.

(2)The crimes prescribed in the preceding two items also apply to persons who have committed the crimes prescribed in the preceding two items outside Japan.

Article 96A person who has committed a violation that falls under any of the following items is punished by a fine of not more than three hundred thousand yen.

Article 97When a representative of a corporation or an agent, employee or other worker of a corporation or individual has committed a violation listed in one of the items in Article 92, paragraph (1), Article 94, paragraph (1), or one of the items in the preceding Article with regard to the operations of the corporation or individual, in addition to the offender being subject to punishment, the corporation or individual is subject to the fine referred to in the relevant Article.

Article 98If a director or executive officer of JFC falls under any of the following items, the director or executive officer who has committed the relevant violation is punished by a fine of not more than one million yen.

Article 99When a stable supply support corporation or stable supply support incorporated administrative agency has operated the fund for stable supply support corporations or the fund for stable supply support incorporated administrative agencies in violation of the provisions of Article 34, paragraph (4) or Article 47 of the Act on General Rules for Incorporated Administrative Agencies, as applied mutatis mutandis following the deemed replacement of terms in Article 43, paragraph (3), the officer of the stable supply support corporation or stable supply support incorporated administrative agency who has committed that violation is punished by a fine of not more than 200,000 yen.