Japan IP News

FPB Circular No. 08-02 March 2008

AMENDMENT & DIVISIONAL IN JAPANESE PATENT APPLICATION

  1. Revision of the Japanese Patent Law Effective from April 1 2008
    Because of the revision in Art. 44 of the Japanese Patent Law in last year (2007), a divisional is permissible within 30 days (90 days in the case of application from abroad) from issuance of either a decision of grant or a decision of rejection in a Japanese patent application filed on or after April 1 this year (2008).
  2. Before & After Revision of the Patent Law
    Before the revision, a divisional is permissible only within a period when an amendment to the specification and/or drawings is permissible under the old Art. 44. This is applicable only to the Japanese patent application filed before April 1, 2008.

    After the revision, a divisional is permissible not only the amendment permissible periods but also a prescribed period (30 days for domestic Applicants but 90 days for foreign Applicants) from the issuance of a decision of either grant or rejection.
  3. Chart for Making Clear Amendment/Divisional Permissible Period
    A flow chart attached hereto shows amendment and/or permissible periods in the case of Japanese Patent Application from abroad.