PATENT ACT - [Download PDF file]

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CHAPTER I General Provisions Article 1 Purpose Article 2 Definitions Article 3 Capacity of Minors etc Article 4 Associations etc. Other than a Legal Entity Article 5 Patent Administrator for Nonresidents Article 6 Scope of Power of Attorney Article 7 Proof of Power of Attorney Article 8 Continuation of Power of Attorney Article 9 Independence of Representation Article 10 Replacement of Agents etc. Article 11 Representation of Two or More Persons Article 12 Mutatis Mutandis Application of the Civil Procedure Act Article 13 Venue of Nonresidents Article 14 Calculation of Time Limits Article 15 Extension of Time Limits etc. Article 16 Invalidation of Procedure Article 17 Subsequent Completion of Procedure Article 18 Succession of Procedural Effects Article 19 Continuation of a Procedure by a Successor Article 20 Interruption of a Procedure Article 21 Resumption of an Interrupted Procedure ure Article 22 Request for a Resumption Article 23 Suspension of a Procedure Article 24 Effects of an Interruption or Suspension Article 25 Capacity of Foreigners Article 26 Effects of a Treaty Article 27 Deleted Article 28 Effective Date of Submitted Documents Article 28bis Entry of Identification Number Article 28ter Procedure for Filing Patent Applications by Electronic Means Article 28quater Report on Use of Electronic Documents and Electronic Signatures Article 28 quinquies Notification etc. through a Communication Network

CHAPTER II Requirements for Patent Registration and Patent Application Article 29 Requirements for Patent Registration Article 30 Inventions Not Considered to be Publicly Known etc. Article 31 Patent for a Plant Invention Article 32 Unpatentable Inventions Article 33 Persons Entitled to Obtain a Patent Article 34 Patent Application Filed by an Unentitled Person and Protection of the Lawful Holder of a Right Article 35 Patent Granted to an Unentitled Person and Protection of the Lawful Holder of a Right Article 36 First-to-File Rule Article 37 Transfer of the Right to Obtain a Patent etc. Article 38 Succession to the Right to Obtain a Patent Article 39 Employees' Inventions Article 40 Remuneration for Employees' Inventions Article 41 Inventions Necessary for National Defense etc. Article 42 Patent Application Article 43 Abstract Article 44 Joint Applications Article 45 Scope of a Patent Application Article 46 Amendment of Procedure Article 47 Amendment of Patent Application Article 48 Deleted Article 49 Treatment of an Amendment to a Dual Application etc. Article 50 Deleted Article 51 Rejection of an Amendment Article 52 Divisional Application Article 53 Dual Application Article 54 Priority Claim Under Treaty Article 55 Priority Claim Based on a Patent Application etc. Article 56 Withdrawal of an Earlier Application etc.

CHAPTER III Examination Article 57 Examination by Examiner Article 58 Search for Prior Art etc. Article 58bis Cancellation of the Designation of a Specialized Search Organization Article 59 Request for an Examination of a Patent Application Article 60 Procedure for Requesting an Examination Article 61 Preferential Examination Article 62 Decision to Refuse a Patent Article 63 Notification of Reasons for Refusal Article 64 Laying Open of Application Article 65 Effects of Laying Open of Application Article 66 Decision to Grant a Patent Article 67 Formalities for a Decision of Patentability Article 68 Mutatis Mutandis Application of Provisions Concerning Trial to Examination Article 69 Opposition to the Grant of a Patent Article 70 Amendment of Grounds for an Opposition etc. Article 71 Collegial Body for Examination and Decision Article 72 Examination Ex Officio in Examination of an Opposition Article 73 Joint or Separate Oppositions Article 74 Decision on an Opposition Article 75 Formalities of a Decision on an Opposition Article 76 Withdrawal of an Opposition Article 77 Correction of a Patent in an Opposition Article 78 Suspension of Examination or Litigation Trials Article 78bis Mutatis Mutandis Application of Provisions Concerning Trials to Opposition

CHAPTER IV Patent Fees and Patent Registrations etc. Article 79 Patent Fees Article 80 Payment of Patent Fees by Interested Party Article 81 Late Payment of Patent Fees etc Article 81bis Remaining Payment of Patent Fees Article 81ter Restoration etc. of a Patent Application and Patent Right by Late Payment or Remaining Payment of Patent Fees Article 82 Official Fees Article 83 Reduction or Exemption of Patent Fees or Official Fees Article 84 Refund of Patent Fees etc. Article 85 Patent Register Article 86 Issuance of a Patent Registration Certificate

CHAPTER V Patent Right Article 87 Registration of the Establishment of a Patent Right and the Publication of Registration Article 88 The Term of a Patent Right Article 89 Extension of the Term of a Patent Right Article 90 Application to Register an Extension of the Term of a Patent Right Article 91 Decision of Refusal to Extend the Term of a Registered Patent Article 92 Decision etc. on Registration for Extending the Term of a Patent Right Article 93 Mutatis Mutandis Application of Provisions Article 94 Effects of Patent Right Article 95 Effects of Patent Right the Term of which has been Extended Article 96 Limitations on a Patent Right Article 97 Scope of Protection of Patented Invention Article 98 Relation to Patented Invention etc. of Another Person Article 99 Assignment and Joint Ownership of a Patent Right Article 100 Exclusive License Article 101 Effects of Registration of a Patent Right and an Exclusive License Article 102 Nonexclusive License Article 103 Nonexclusive License by Prior Use Article 104 Nonexclusive License Due to Working before Registration of a Request for an Invalidation Trial Article 105 Nonexcluseive License after a Design Right Expires Article 106 Expropriation of Patent Right etc. Article 107 Adjudication for the Grant of a Nonexclusive License Article 108 Submission of Response Article 109 Solicitation of Opinion from the Intellectual Property Rights Dispute Committee Article 110 Formality of Adjudication Article 111 Transmittal of Certified Copies of Adjudication Article 112 Deposit of Remuneration Article 113 Lapse of Adjudication Article 114 Cancellation of an Adjudication Article 115 Restriction on Reasons for Objections to an Adjudication Article 116 Cancellation of a Patent Right Article 117 Deleted Article 118 Effects of Registration of a Nonexclusive License Article 119 Restriction on Abandonment of a Patent Right etc. Article 120 Effects of Abandonment Article 121 Pledge Article 122 Nonexclusive License Incidental to Transfer of Patent Right by Exercise of a Pledge Right Article 123 Subrogation of Pledge Right Article 124 Extinguishment of a Patent Right in the Absence of a Successor Article 125 Report on Working a Patent Article 125bis The Title of Execution on Amount of Compensation and Remuneration

CHAPTER VI Protection of Patentee Article 126 Injunction etc. against an Infringement Article 127 Acts of Infringement Article 128 Presumption etc. of the Amount of Damages Article 129 Presumption of the Patented Process to Manufacture Article 130 Presumption of Negligence Article 131 Recovery of the Reputation of a Patentee etc. Article 132 Submission of Documents

CHAPTER VII Trial Article 132bis Intellectual Property Tribunal Article 132te Trial against a Decision to Refuse or Revoke a Patent etc. Article 132quater Deleted Article 133 Invalidation Trial of a Patent Article 133bis Correction of a Patent during an Patent Invalidation Trial Article 134 Invalidation Trial of Registration for Extension of the Term of a Patent Right Article 135 Trial to Confirm the Scope of a Patent Right Article 136 Trial for a Correction Article 137 Trial for Invalidation of Correction Article 138 Trial for Granting a Nonexclusive License Article 139 Request for a Joint Trial etc. Article 140 Formal Requirements of a Request for a Trial Article 140bis Formal Requirements of a Request for a Trial on a Decision to Refuse orRevoke a Patent etc. Article 141 Rejection of a Request for a Trial Article 142 Rejection of a Request for a Trial Containing Incurable Defects Article 143 Trial Examiners Article 144 Designation of Trial Examiners Article 145 Presiding Trial Examiner Article 146 Collegial Body for a Trial Article 147 Submission of a Response etc. Article 148 Exclusion of a Trial Examiner Article 149 Request for Exclusion Article 150 Recusal of a Trial Examiner Article 151 Indication of Grounds for Exclusion or Recusal Article 152 Decision on a Request to Exclude or Recuse Article 153 Suspension of Trials Article 153bis Trial Examiners Recusing Themselves Article 154 Trial Proceedings etc. Article 155 Intervention Article 156 Request for an Intervention and Decision Article 157 Taking and Preserving Evidence Article 158 Continuation of Trial Proceedings Article 159 Ex Officio Trial Examination Article 160 Combination or Separation of a Trial or Ruling Article 161 Withdrawal of a Request for a Trial Article 162 Ruling on a Trial Article 163 Res Judicata Article 164 Trials and Litigation Article 165 Costs of a Trial Article 166 Title of Enforcement of Costs or Remuneration Article 167 Deleted Article 168 Deleted Article 169 Deleted Article 170 Mutatis Mutandis Application of Provisions on Examination to Trial against a Ruling of Refusal to Grant a Patent Article 171 Special Provisions for a Trial against a Ruling of Refusal to Grant a Patent Article 172 Effect of Examination or Opposition Proceedings Article 173 Reexamination Before a Trial Article 174 Mutatis Mutandis Application of Provisions on Examination to the Reexamination Before a Trial Article 175 Termination of a Reexamination Article 176 Reversal of a Ruling of Refusal etc. Article 177 Deleted

CHAPTER VIII Retrial Article 178 Request for a Retrial Article 179 Request for a Retrial on Account of Collusion Article 180 Period for Requesting a Retrial Article 181 Restriction on Effects of a Patent Right Restored by a Retrial Article 182 Nonexclusive License for Prior User of a Patent Right Restored by a Retrial Article 183 Nonexclusive License for Person Deprived of a Nonexclusive License by a Retrial Article 184 Mutatis Mutandis Application of Provisions on Trial to Retrial Article 185 Mutatis Mutandis Application of the Civil Procedure Act

CHAPTER IX Litigation Article 186 Action on Trial Decision etc. Article 187 Qualification for Defendant Article 188 Notification of Institution of Action and Transmittal of Document Article 188bis Exclusion or Recusal of a Technical Examiner Article 189 Revoking a Trial Decision or Ruling Article 190 Action against Decision on Amount of Compensation or Remuneration Article 191 Defendant in an Action Related to Compensation or Remuneration

CHAPTER X International Applications under the Patent Cooperation Treaty


Part I. International Application Procedure Article 192 Persons Capable of International Application Article 193 International Application Article 194 Recognition etc. of the Filing Date of an International Application Article 195 Invitation to Amendment Article 196 International Application Considered to have been Withdrawn Article 197 Representative etc. Article 198 Fees Article 198bis International Search and International Preliminary Examination

Part II. Special Provisions on International Patent Applications Article 199 Patent Application Based on an International Application Article 200 Special Provision Concerning Presumption of Novelty of Inventions Article 201 Translation of International Patent Applications Article 202 Special Provisions on Claim of Priority Article 203 Submission of Documents Article 204 Amendment after Receipt of the International Search Report Article 205 Amendment before Establishment of the International Preliminary Examination Report Article 206 Special Provision on Patent Administrator for Nonresidents Article 207 Special Provision on the Time and Effect of Laying Open an Application Article 208 Special Provision on Amendment Article 209 Restriction on Timing of Dual Application Article 210 Time Restriction on a Request for an Examination Article 211 Regulation Concerning Submission of Documents Cited in the International Search Report etc. Article 212 Special Provisions on Oppositions Against Grant of Patent Article 213 Special Provisions on an Invalidation Trial of a Patent Article 214 International Application Considered to be a Patent Application by Decision

CHAPTER XI Supplementary Provisions Article 215 Special Provisions for a Patent or Patent Right with Two or More Claims Article 215bis Special Provisions for Registering a Patent Application with Two or More Claims Article 216 Inspection of Documents etc. Article 217 Prohibition on Opening or Removing Documents Related to a Patent Application, Examination, Opposition, Trial, Retrial or the Patent Register Article 217bis Agency for Digitizing Patent Documents Article 218 Transmittal of Documents Article 219 Transmittal by Public Notification Article 220 Transmittal of Documents to Nonresidents Article 221 Patent Gazette Article 222 Submission of Documents etc. Article 223 Patent Indication Article 224 Prohibition of False Indication Article 224bis Restriction on Objections

CHAPTER XII Penal Provisions Article 225 Offense of Infringement Article 226 Offense of Perjury Article 227 Offense of False Marking Article 228 Offense of Fraud Article 229 Offense of Divulging Secrets Article 229bis Officers and Employees of Special Searching Agency as Public Officials and Irrefutable Presumption Article 230 Dual Liability Article 231 Confiscation etc. Article 232 Administrative Fine

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