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2007 Revisions to Japanese Patent Law

2007 Revisions to Japanese Patent Law. #1 Period for Filing Divisional Applications (A). *Japanese Patent Law Section 44 etc. Overview. NG. Divisional Application. After. Notice of Allowance. OK. Divisional Application. Before. Within 30days. Notice of Allowance.

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2007 Revisions to Japanese Patent Law

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  1. 2007 Revisions toJapanese Patent Law

  2. #1 Period for Filing Divisional Applications (A) *Japanese Patent Law Section 44 etc. Overview NG Divisional Application After Notice of Allowance OK Divisional Application Before Within30days Notice of Allowance Effective April 1st, 2007, it is possible to file Divisional Applicationswithin 30 days of a Notice of Allowance

  3. #1 Period for Filing Divisional Applications (B) *Japanese Patent Law Section 44 etc. Application filed Final O.A. First O.A. Without filing an Appeal against the Examiner’s Decision of Rejection Divisional Applications can be filed at anytime prior to responding to a First O.A. New Divisional Application File Application Examination Notice of Reasons for Rejection Amendment Argument Decision of Rejection Rejection Notice of Allowance Registration Notice of Allowance Registration Divisional Application Divisional Application New New Effective April 1st, 2007, it is possible to file a Divisional Applicationeven after the Notice of Allowance or Decision of Rejection

  4. #2 Restrictions to Divisional Applications *Japanese Patent Law Section 17bis. etc. Example Claim A : “Antenna for A Portable Telephone…” Claim B : “Hinge Device for A Portable Telephone…” First O.A. Before Divisional Application A Claim A After “Final” O.A. *Any notice regarding the samerejection for a divisional applicationwill have the same restriction as the Final O.A. Parent Application Claim A First O.A. First O.A. Divisional Application B Claim B

  5. #3 Restrictions to Amendments *Japanese Patent Law Section 17bis. etc. Specification *Claimed subject matter (Claim A) could be amended to different subject matter (Claim B) even after the First O.A. Claim B Claim A OK After Specification Before Claim B OK Claim A Claim C NG *After the First O.A., an amendment for any change in subject matter (Claim A) must be made within the unity of an invention Example Claim A : “Antenna for A Portable Telephone…” Claim B : “Hinge Device for A Portable Telephone…”Claim C : “Antenna for A Portable Telephonewith high capacity condenser…”

  6. #4 Period for Filing Japanese Translations *Japanese Patent Law Section 36bis. etc. After Within 2 Months! Within 14 Months! Japanese Translation Japanese Translation Foreign Language Application *The period for filing a translation fora Foreign Language Application will be 14 months from the Japanese filing date or the priority date Before

  7. #5 Expansion of Infringement Acts *Japanese Patent Law Supplementary provision etc. After Infringement Acts Infringement Acts Importation Importation Infringing Products Japan Infringing Products Exportation Exportation *Infringement acts covers importing products/goods only *Infringement acts covers both importing and exporting products/goods Before

  8. # Patent Prosecution Highway (PPH)between the JPO and the USPTO Eligibility / Filing a PPH request with the JPO Case1:When an applicant has filed a U.S. application and a Japanese application based on a U.S. provisional application, if the U.S. application is determined to be patentable first, the Japanese application is eligible for the PPH Correspondence of claims US NON-provisional Patentable US Provisional JP application Request for PPH Paris convention priority Case2:When a U.S. application derived from a U.S. basic application, e.g. divisional application, continuation application or continuation-in-part application, is determined to be patentable in the U.S., the Japanese application is eligible for the PPH based on the patentable claims of the claimed application US application Correspondence of claims Divisional or continuation US NON-provisional Patentable JP application Request for PPH Paris convention priority

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