Article 1The purpose of this Act is to comprehensively and effectively promote economic measures related to ensuring national 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 support for development of specified critical technologies and non-disclosure of patent applications, as economic measures related to ensuring national security, in view of the increasing importance of preventing acts committed with regard to economic activity that harm the security of the State and its citizens to ensure national security in view of the increasingly complex international situation, the changing socio-economic structures 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 the basic policy without delay.

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

Article 3(1)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 if the Prime Minister finds it necessary to do so for the comprehensive and effective promotion of economic measures related to ensuring national security.

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

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

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

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

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

Article 49(1)Pursuant to the basic policy, the government is to provide basic guidelines 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 "basic guidelines on specified essential infrastructure services" in this Article).

(2)The basic guidelines on specified essential infrastructure services are to provide the following matters:

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

(4)When the Prime Minister prepares a draft on basic guidelines 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 national security, information and communications technology, and any other matters on ensuring the stable provision of 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 must publicize the basic guidelines on specified essential infrastructure services without delay.

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

Article 50(1)The competent minister may designate, as a specified essential infrastructure service provider, a person who falls under the criteria provided by competent Ministerial Order as a person who engages in a 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 undermines the security of the State and its 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 competent Ministerial Order 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 undermines the security of the State and its citizens:

(2)When the competent minister has designated a specified essential infrastructure service provider, the 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 related to the designation, and the date on which the designation was made. The same applies when there are changes to these matters.

(3)When a specified essential infrastructure service provider makes a change in its name or address, it must notify the competent minister to the effect 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 competent Ministerial Order in paragraph (1) of the preceding Article, the 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 competent Ministerial Order as critical for maintaining the function of the relevant specified critical facilities or the stable provision of specified essential infrastructure services related 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 competent Ministerial Order, the specified essential infrastructure service provider must, in advance, prepare a plan regarding the introduction of, or the entrustment of critical maintenance and management, etc. of, the relevant specified critical facilities (hereinafter referred to as "plan of introduction, etc." in this Chapter) and notify the competent minister of them accompanied by documents provided by competent Ministerial Order; provided, however, that this does not apply when provided by competent Ministerial Order when introducing specified critical facilities from another enterprise or entrusting another enterprise to conduct critical maintenance and management, etc. of specified critical facilities in the case 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 or entrust the critical maintenance and management, etc. of the specified critical facilities related to the relevant plan of introduction, etc. until 30 days have passed from the day on which the competent minister receives the relevant notification. Provided, however, that its period may be shortened when the 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 following paragraph, that the relevant specified critical facilities is 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), and if 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 related 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), the minister may extend the period during which the specified critical facilities related to the relevant plan of introduction, etc. is introduced or their critical maintenance and management, etc. must not be entrusted, for a maximum of four months from the day on which the minister receives the relevant notification,

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

(6)If the competent minister finds, as a result of the screening under paragraph (4), that the specified critical facilities related to the plan of introduction, etc. are highly likely to be used as a means of specified interference actions, the minister may recommend that the specified essential infrastructure service provider introduce or entrust critical maintenance and management, etc. of the specified critical facilities related 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 those 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 notify the competent minister of whether or not to accept the recommendation within 10 days from the day on which the person is issued the recommendation and, if not accepting, its reasons.

(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 related to the plan of introduction, etc. related to the relevant recommendation.

(9)Notwithstanding the provisions of paragraph (3) or (4), a specified essential infrastructure service provider that has given notice of acceptance of the recommendation under the provisions of paragraph (7) may 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 on which 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)If 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 competent Ministerial Order, 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 minister of a plan of introduction, etc. that has been amended related to the relevant recommendation, or to suspend the introduction or entrustment of critical maintenance and management, etc. of the specified critical facilities related to the plan of introduction, etc. pertaining to the relevant recommendation; provided, however, that the period during which the 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 related to the plan of introduction, etc. related 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)If a specified essential infrastructure service provider 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 submit without delay and as provided by competent Ministerial Order to the competent minister a 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 competent Ministerial Order under paragraph (1).

Article 53(1)The provisions of paragraph (1) of the preceding Article do not apply to a person who has 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 a specified essential infrastructure business related 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 competent Ministerial Order that provides specified critical facilities under Article 50, paragraph (1) for six months from the day on which 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 competent Ministerial Order under paragraph (1) for six months from the day on which 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 competent Ministerial Order 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 related 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 paragraph (1) of the following Article), the specified essential infrastructure service provider must prepare draft modifications to the relevant plan of introduction, etc. and notify the competent minister of it accompanied by documents provided by competent Ministerial Order in advance; provided, however, that this does not apply when provided by competent Ministerial Order 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 the paragraph, as provided by competent Ministerial Order, the specified essential infrastructure service provider must notify the competent minister of a plan of introduction, etc. specifying the details of the relevant modifications, accompanied by documents provided by competent Ministerial Order in the paragraph.

(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 competent Ministerial Order) 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 related to a plan of introduction, etc. notified under the provisions of Article 52, paragraph (1), or modifications provided by competent Ministerial Order as items listed in Article 52, paragraph (2), item (c) after the relevant introduction, the specified essential infrastructure service provider must report the details of the relevant modifications without delay to the competent minister as provided by competent Ministerial Order.

(5)The provisions of the preceding paragraphs apply mutatis mutandis to a specified essential infrastructure service provider related 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 paragraph (2) of the following Article). In this case, 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)After a specified essential infrastructure service provider 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 related to the relevant plan of introduction, etc. under the provisions of the preceding three articles, if the specified critical facilities related to the relevant plan of introduction, etc. are used, or the competent minister has come to find that these specified critical facilities are highly likely to be used, as a means for specified interference actions due to a shift in the international situation or other changes in circumstances, the 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)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 related to the relevant urgent notice of introduction, etc. under the provisions of the preceding three Articles, if the specified critical facilities related to the relevant urgent notice of introduction, etc. are used, or the competent minister has come to find that these specified critical facilities are highly likely to be used, as a means of engaging in specified interference actions, the 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 consult in advance with the Prime Minister and other heads of relevant administrative organs.

(2)Beyond what is stated 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)To the extent necessary for designation under the provisions of Article 50, paragraph (1), the competent minister may seek necessary reports or the submission of materials regarding a specified essential infrastructure business from a person engaged in the relevant specified essential infrastructure business.

(2)To the extent necessary to execute the provisions of Article 51, Article 52, paragraphs (6) and (10), and Article 55, paragraphs (1) and (2), the competent minister may seek from a specified essential infrastructure service provider necessary reports or the submission of materials regarding the specified essential infrastructure business conducted by it, or have an employee of the minister enter the specified essential infrastructure service provider's office or other necessary place, ask questions regarding the specified essential infrastructure business, or inspect books, documents, or other objects.

(3)The employee who conducts the on-site inspection under the provisions of the preceding paragraph must carry an identification card and present 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 enforce the provisions of this Chapter, the minister may seek the provision of materials and information, explanations, statements of opinions, and other necessary cooperation from the Prime Minister, heads of relevant administrative organs, and other relevant persons.

Article 60(1)Pursuant to the basic policy, the government is to provide basic guidelines on promotion of research and development of specified critical technologies and the appropriate utilization of their results (hereinafter referred to as "basic guidelines on research and development of specified critical technologies" in this Chapter).

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

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

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

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

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

Article 61Pursuant to the basic guidelines on research and development of specified critical technologies, the State is to endeavor to provide necessary information, secure funding, develop human resources and improve their quality , 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 citizens 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 State and its citizens is undermined if the relevant technology or the information used in its research and development is wrongfully used externally, or if the products or services using the 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 their results.

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 their results, 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 organize, pursuant to the basic guidelines 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., 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 consult the Prime Minister in advance.

(3)When finding it to be necessary, the ministers of research and development who organize a council pursuant to the provisions of paragraph (1) may 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 research and study of specified critical technology (meaning the institution for research and study 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)Pursuant to the results of the consultation in the preceding paragraph, council members are to properly manage information on research and development of specified critical technologies and undertake other necessary initiatives.

(6)If finding it to be necessary to conduct the consultation under paragraph (4), the council may seek from its members or the institution for research and study 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 their results. In this case, the relevant members and relevant institution for research and study 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 any secret learned in the course of the relevant administrative processes without justifiable grounds.

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

Article 63(1)Pursuant to the basic guidelines on research and development of the specified critical technologies, the Prime Minister may 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 their results.

(2)When making a designation under the preceding paragraph, in advance, the Prime Minister must consult the Minister of Finance, the minister who has jurisdiction over the fund distribution institution related 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 subsidize the funds allocated to a designated fund within the limits of the budget.

(4)Jointly with the Prime Minister, the minister with jurisdiction over a designated fund is to 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 their results.

(5)The provisions of paragraphs (3) through (8) of the preceding Article apply mutatis mutandis to a council for a designated fund. In this case, 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)Pursuant to the basic guidelines on research and development of the specified critical technologies, the Prime Minister is to engage in research and study necessary for promotion of research and development of specified critical technologies and the appropriate utilization of their results (referred to as "research and study" in the following paragraph and paragraph (3)).

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

(3)The head of a relevant administrative organ may provide information and materials necessary to conduct the research and study related 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 research and study of specified critical technology" in the next paragraph).

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

Article 65(1)Pursuant to the basic policy, the government is to provide basic guidelines on measures regarding exceptions to publication of applications under the Patent Act (Act No. 121 of 1959), the proper management of information related to inventions stated in a description, claims, or drawings (hereinafter referred to as "description, etc." in this Chapter) related 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 related to inventions that, if made known to the public, would be highly likely to create a situation that undermines the security of the State and its citizens through actions taken from the outside (hereinafter referred to as "non-disclosure of patent applications" in this Article) (hereinafter referred to as "basic guidelines on non-disclosure of patent applications").

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

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

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

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

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

Article 66(1)When the Commissioner of the Japan Patent Office has received a patent application, and the description, 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 to it that could include an invention that would be highly likely to create a situation that undermines the security of the State and its citizens through actions taken from the outside if made known to the public (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 related 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 lapsed; 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 description, etc. would be highly likely to create a situation that undermines the security of the State and its citizens, if made known to the public. The preceding paragraph also applies when it has been found that a person that underwent a security review based on the request and received a notification under the provisions of paragraph (9) of the following Article in the past 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 an invention related to the relevant notification in the description, etc.

(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 is to notify the patent applicant that the documents have 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 related to the relevant categories).

(5)The main clause of paragraph (1) or paragraph (2) does 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 determine whether or not to send documents under the provisions of the main clause of paragraph (1) or paragraph (2), the Commissioner may request the submission of materials and explanations from the patent applicant.

(7)Until the Commissioner of the Japan Patent Office determines 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 lapsed 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 do not apply.

(8)If there has been a waiver or withdrawal of a patent application after the sending of the 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 the 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)If the Commissioner of the Japan Patent Office dismisses a patent application after the sending of the 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 is to notify the Prime Minister to that effect in advance.

(10)If the Commissioner of the Japan Patent Office has determined 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 must notify the patent applicant to the effect that the determination was made not to send documents under these provisions.

(11)The provisions of paragraph (1) do not apply to patent applications that state in the descriptions, etc. an invention that newly falls under the invention 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.

Article 67(1)When the Prime Minister has received documents related to a patent application under the provisions of the main clause of paragraph (1) or paragraph (2) of the preceding Article, as provided by Cabinet Office Order, the Prime Minister is to conduct a review to determine whether or not the description, etc. related to the relevant patent application include an invention that would be highly likely to create a situation that undermines the security of the State and its citizens through actions taken from the outside if made known to the public, and whether it is appropriate to protect information related 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 its likelihood, 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)If the Prime Minister determines it necessary for a security review, the Prime Minister may seek the submission of materials and explanations from the patent applicant and other related persons.

(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)If 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 this case, 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)If the Prime Minister determines it necessary when seeking from a person other than national government organs that has 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 description, etc. to that person (if a request is made to use an assistant, that person and its assistant; hereinafter the same applies in this paragraph). In this case, the Prime Minister must obtain in advance 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 determining whether or not to make a security designation, the Prime Minister may consult in advance 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 this case, 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)An employee of a national government organ involved in a security review and a person who has 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 any secret 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 of the details of the invention that could be an invention for security designation under the provisions of Article 70, paragraph (1) as provided by Cabinet Office Order, 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 to the Prime Minister documents provided under the preceding paragraph within fourteen days of receiving the notification under the provisions of the preceding paragraph, as provided by Cabinet Office Order.

(11)If the Prime Minister determines that the written contents of the documents submitted under the provisions of the preceding paragraph are inappropriate, the Prime Minister may seek their corrections 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 applicant must not publish the details of the invention related to the relevant notification until receiving a notification under the provisions of Article 70, paragraph (1) or Article 71; provided, however, that this does not apply if the applicant has waived or withdrawn the application or the application has been dismissed.

Article 69(1)The Prime Minister may discontinue a security review if 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 notify the patent applicant in advance of the reasons of discontinuation and give the applicant 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)As a result of a security review, if the Prime Minister finds that an invention that would be highly likely to create a situation that undermines the security of the State and its citizens through actions taken from the outside if made known to the public has been stated in the description, etc. under the provisions of Article 67, paragraph (1), and that it is appropriate to protect information related to the relevant invention in consideration of the extent of its likelihood, 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 the 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 determine whether or not it is necessary to continue a security designation before the day the security designation period (if 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 this case, if 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 this case, the term "invention" in Article 67, paragraphs (4), and the term "invention stated in the description, etc." in Article 67, paragraph (5) are deemed to be replaced with "invention for security designation under the provisions of Article 70, paragraph (1)", the term "invention under the provisions" in Article 67, paragraph (8) is deemed to be replaced with "invention for security designation under the provisions of Article 70, paragraph (1), and the term "relevant invention" in Article 67 paragraph (8) is deemed to be replaced with "relevant invention for security designation".

(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 permission 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)If the Prime Minister determines that the work related to the application for authorization under the provisions of the proviso to paragraph (1) is not likely to cause a person 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 related 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 related 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 the case to determine whether or not to give authorization under the provisions of the proviso to paragraph (1). In such a case, the term "invention" in Article 67, paragraphs (4) and (8), and the term "invention stated in the description, 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)If 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 if 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 notify the designated patent applicant in advance of their reasons and give the applicant the opportunity to submit a document stating an explanation, specifying a reasonable period of time.

(8)If the Commissioner of the Japan Patent Office has received a notification under the provisions of paragraph (6), the Commissioner 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 a person who handles information related to an invention for security designation and take other measures provided by Cabinet Office Order as necessary and appropriate measures to prevent leakage of information related to an invention for security designation, and must have a business entity permitted to handle information related to an invention for security designation (hereinafter referred to as "invention sharing business entity" in this Chapter) take the measures.

(2)An invention sharing business entity 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 a business entity other than the business entity provided under Article 67, paragraph (9), item (ii) in the document under the provisions of Article 67, paragraph (9) to newly handle information related to an invention for security designation, the designated patent applicant must obtain the approval of the Prime Minister in advance as provided by Cabinet Office Order.

(2)When a designated patent applicant has ceased to permit an invention sharing business entity to handle information related to an invention for security designation or if other modifications arise regarding an invention sharing business entity, excluding the case referred to in the preceding paragraph, the designated patent applicant must notify the Prime Minister without delay 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 this case, the term "invention" in Article 67, paragraphs (4) and the term "invention stated in the description, etc." in Article 67, paragraph (5) are deemed to be replaced with "invention for security designation under the provisions of Article 70, paragraph (1)", the term "invention under the provisions" in Article 67 paragraph (8) is deemed to be replaced with "invention for security designation under the provisions of Article 70, paragraph (1) under the provisions", and the term "relevant invention" in Article 67 paragraph (8) is deemed to be replaced with "relevant invention for security designation".

Article 78(1)When an invention made in Japan that has not been made public is the 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 at 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 the person has received under the provisions of paragraph (4) of the following Article a response that it is obvious that making the invention public will not impact the security of the State 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 description, etc. related to a patent application, if the patent application has been filed in Japan and when the period provided by Cabinet Order not exceeding ten months has lapsed 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 lapsed), 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 lapsed), 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 description, 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 stated in the right-hand column of the same table corresponding to the category stated in the left-hand column of the same table (when the relevant patent application falls under two or more of the categories stated in the left-hand column of the same table, the latest day among days provided in the right-hand column of the same table related 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 description, etc. related to the relevant patent application, the Commissioner 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 grant of the patent after the notification, including its successor) has filed a foreign application in violation of the provisions of paragraph (1) or an international application related 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 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 is to dismiss the patent application; provided, however, that when the patent application has received a security designation, the Commissioner is to dismiss the 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 the invention under the provisions of the main clause of Article 66, paragraph (1) may seek confirmation from the Commissioner of the Japan Patent Office, only if the person has not filed a patent application in Japan that states the relevant invention in a description, etc., 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 related to the relevant request does not fall under the invention under the provisions of the main clause of Article 66, paragraph (1), the Commissioner is to respond to the person who made the relevant request to that effect without delay.

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

(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 related to the relevant request falls under the 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) do not 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 of it.

(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 this case, the term "invention" in Article 67, paragraphs (4) and (8), and the term "invention stated in the description, 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 stated 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 related 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 a patent right or an exclusive license related 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 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 if 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 if 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 day of receipt of a notification under Article 77, paragraph (2) of the 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 related 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 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 been expired.

Article 83(1)If the Prime Minister determines it to be necessary in order to prevent the leakage of information related to an invention for security designation when a designated patent applicant or invention sharing business entity has violated the provisions of Article 75, the Prime Minister may recommend that the relevant person take the 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 related 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, if the Prime Minister determines that the likelihood of leakage of an invention for security designation is imminent when a designated patent applicant or invention sharing business entity 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)To the extent necessary for the enforcement of the provisions of this Chapter, the Prime Minister may seek from a designated patent applicant and an invention sharing business entity the submission of necessary reports or materials regarding the handling of inventions for security designation, or have an employee of the Prime minister enter the relevant person's office or other necessary place, ask questions regarding the handling of inventions for security designation, or inspect books, documents, or other items.

(2)The employee who conducts an on-site inspection under the provisions of the preceding paragraph must carry an identification card and present 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)Documents 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 minister in the provisions of the following items is the minister provided in the relevant item:

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

(3)The competent Ministerial Orders in Chapters II and III are orders issued by the competent ministers provided in the preceding two paragraphs.

Article 87(1)Pursuant to Cabinet Order, a portion of the authority of the competent ministers, ministers of research and development, and minister with jurisdiction over the designated funds under the provisions of this Act may be delegated 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 related to the Financial Services Agency's jurisdiction, excluding those 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 extension under the provisions of Article 52, paragraph (4), order under the provisions of Article 52, paragraph (10), security designation, extension under the provisions of the second sentence of Article 70, paragraph (3), permission under the provisions of the proviso to Article 73, paragraph (1), and approval 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 stated in this Act, matters necessary to implement this Act are 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 a person who has 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 a person who has committed the crime prescribed in the 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 crime prescribed in item (ii) of the preceding paragraph also apply to a person who has committed the crime prescribed in the item 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 an 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 an ensuring stable supply support corporation or ensuring stable supply support incorporated administrative agency has managed the ensuring stable supply support corporation fund or the ensuring stable supply support incorporated administrative agency fund 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 ensuring stable supply support corporation or ensuring stable supply support incorporated administrative agency who has committed that violation is punished by a fine of not more than 200,000 yen.