Japan IP News

Introduction of Requirement for Disclosure of Information on Prior Art

Content of Revision

  • Article 36 (Applications for patent)
    (4) The detailed description of the invention under the preceding Subsection 　(ⅲ) shall comply with the requirements in each of the following paragraphs:
    　(ⅰ)(no change)
    　(ⅱ)(newly added)
    　Where a person desiring a patent for an invention knows, at the time of filing a patent application, any inventions publicly known through documents (inventions referred to in Section 29(1)(ⅲ)*; the same meaning shall apply thereunder in this paragraph) which are related to the claimed invention, the detailed description of the invention shall identify such documents and publicly known inventions such as the title of the document.
    Reference
    *Section 29(1)(ⅲ)
    29(1)　Any person who has made an invention which is industrially applicable may obtain a patent therefor, except in the case of the following inventions:
    　(ⅲ)　inventions which were described in a distributed publication or made available to the public through electronic telecommunication lines in Japan or elsewhere prior to the filing of the patent application.
  • Article 48 septies (Notification about prior art information)
    　(newly added)
    The Examiner may, if he/she believes that a patent application fails to satisfy the requirement provided in Section 36(4)(ⅱ), notify the applicant of that effect and give the applicant an opportunity to submit an argument, designating an adequate time limit for doing so.
  • Article 49 (Examiner's decision for refusal)
    　The Examiner shall make a decision that a patent application is to be refused where it falls under any of the following paragraphs:
    　(ⅰ)～(ⅳ)(no change)
    　(ⅴ)(newly added)
    　when notice under the preceding Article is issued, and the patent application still fails to satisfy the requirement provided in　Section 36(4)(ⅱ), despite the　amendment to the specification or the submission of an argument.
    　(ⅵ)～(ⅶ)(no change)
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