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Law No. 950, Promulgated on Dec. 31, 1961 To review the newly revised law put in force effective July 1, 2001, click here. - TABLE OF CONTENTS - As Last Amended by Law No. 5576, Sep. 23, 1998 CHAPTER I : General Provisions Article 1 Purpose 15 Article 2 Definitions 15 Article 3 Capacity of Minors, etc. 15 Article 4 Associations, etc., Other than Legal Entity 16 Article 5 Patent Administrator for Nonresidents 16 Article 6 Scope of Powers of Attorney 16 Article 7 Proof of Powers of Attorney 17 Article 8 Non-extinguishment of Powers of Attorney 17 Article 9 Independence of Representation 17 Article 10 Replacement of Agents, etc. 17 Article 11 Representation of Two or More Persons 18 Article 12 Mutatis Mutandis Application of Provisions of the Code of Civil Procedure 18 Article 13 Venue of Nonresidents 19 Article 14 Calculation of Time Limits 19 Article 15 Extension of Time Limits, etc. 19 Article 16 Invalidation of Procedure 20 Article 17 Subsequent Completion of Procedure 20 Article 18 Succession of Procedural Effects 20 Article 19 Continuation of Procedure by Successor 20 Article 20 Interruption of procedure 21 Article 21 Resumption of an Interrupted Procedure 21 Article 22 Request for Continuation 22 Article 23 Suspension of Procedure 22 Article 24 Effects of Interruption or Suspension 23 Article 25 Capacity of Foreigners 23 Article 26 Effects of Treaty 23 Article 27 Subsidies for Encouragement of Inventions 23 Article 28 Effective Date of Submitted Documents 24 Article 28bis Entry of Identification Number 24 Article 28ter Procedure for Filing Patent Applications by Means of Electronic Documents 25 Article 28quater Report on Use of Electronic Documents and Electronic Signature 26 Article 28quinquies Notification, etc., through a Computerized Network 26 CHAPTER II : Requirements for Patents and Patent Applications Article 29 Requirements for Patents 27 Article 30 Inventions Deemed to be Novel 28 Article 31 Patent for Plant Invention 28 Article 32 Unpatentable Inventions 29 Article 33 Persons Entitled to Obtain a Patent 29 Article 34 Patent Application Filed by an Unentitled Person; Protection of Lawful Holder of the Right 29 Article 35 Patent Granted to an Unentitled Person; Protection of Lawful Holder of the Right 29 Article 36 First-to-File Rule 30 Article 37 Transfer of the Right to Obtain a Patent 30 Article 38 Succession to the Right to Obtain a Patent 31 Article 39 In-Service Inventions 31 Article 40 Remuneration for In-Service Inventions 32 Article 41 Inventions Necessary for National Defense, etc. 33 Article 42 Patent Application 33 Article 43 Abstract 34 Article 44 Joint Applications 34 Article 45 Scope of One Patent Application 35 Article 46 Amendment of Procedure 35 Article 47 Amendment of Patent Application 35 Article 48 Change of Subject Matter 36 Article 49 Amendment of Specification, etc. and Change of Subject Matter 36 Article 50 Deleted 36 Article 51 Rejection of Amendment 37 Article 52 Division of Patent Application 37 Article 53 Dual Application 38 Article 54 Priority Claim under Treaty 39 Article 55 Priority Claim Based on Patent Application, etc. 40 Article 56 Withdrawal of Earlier Application, etc. 41 CHAPTER III : Examination Article 57 Examination by Examiner 42 Article 58 Search of Prior Art, etc. 42 Article 59 Request for Examination of Patent Application 42 Article 60 Procedure for a Request for Examination 43 Article 61 Preferential Examination 43 Article 62 Ruling of Refusal 44 Article 63 Notification of Reasons for Refusal 44 Article 64 Laying Open of Application 44 Article 65 Effects of Laying Open of Application 45 Article 66 Decision to Grant a Patent 45 Article 67 Formalities for Decision 45 Article 68 Mutatis Mutandis Application of Provisions Concerning Trial to Examination 46 Article 69 Opposition to the Grant of a Patent 46 Article 70 Amendment of Grounds for Opposition, etc. 47 Article 71 Collegial Body for Examination and Decision 47 Article 72 Examination Ex Officio in Examination of Opposition 47 Article 73 Consolidation of Oppositions 47 Article 74 Decision on Opposition 48 Article 75 Manner of Decision on Opposition 48 Article 76 Withdrawal of Opposition 49 Article 77 Correction of Patent 49 Article 78 Suspension of Examination or Litigation Proceedings 49 Article 78bis Mutatis Mutandis Application of Provisions Concerning Trials to Opposition 50 CHAPTER IV : Patent Fees and Patent Registrations, etc. Article 79 Patent Fees 50 Article 80 Payment of Patent Fees by Interested Party 50 Article 81 Late Payment of Patent Fees 50 Article 82 Official Fees 51 Article 83 Reduction or Exemption of Patent Fees or Official Fees 51 Article 84 Refund of Patent Fees, etc. 52 Article 85 Patent Register 52 Article 86 Issuance of Certificate of Patent Registration 53 CHAPTER V : Patent Right Article 87 Registration of Establishment of Patent Right and Publication of Registration 53 Article 88 Term of Patent Right 54 Article 89 Extension of Term of Patent Right 55 Article 90 Application for Registration of Extension of Term of Patent Right 55 Article 91 Ruling of Refusal Against Application for Extension of Term of Patent Right 56 Article 92 Ruling, etc., on Application of Registration for Extending Term of Patent Right 56 Article 93 Mutatis Mutandis Application of Provisions 57 Article 94 Effects of Patent Right 57 Article 95 Effects of Patent Right the Term of Which Has Been Extended 57 Article 96 Limitations on Patent Right 57 Article 97 Scope of Protection of Patented Invention 58 Article 98 Relation to Patented Invention, etc. of Another Person 58 Article 99 Assignment and Co-ownership of Patent Right 58 Article 100 Exclusive License 59 Article 101 Effects of Registration of a Patent Right and an Exclusive License 59 Article 102 Non-exclusive License 60 Article 103 Non-exclusive License by Prior Use 60 Article 104 Non-exclusive License Due to Working Prior to Registration of Request for Invalidation Trial 61 Article 105 Non-exclusive License After Expiration of a Design Right 62 Article 106 Expropriation of Patent Right 62 Article 107 Adjudication for Grant of Non-exclusive License 63 Article 108 Submission of Response 64 Article 109 Solicitation of Opinion from the Industrial Property Right Council 64 Article 110 Formality of Adjudication 64 Article 111 Transmittal of Certified Copies of Adjudication 64 Article 112 Deposit of Remuneration 64 Article 113 Lapse of Adjudication 65 Article 114 Cancellation of Adjudication 65 Article 115 Restriction on Reason for Objections to Adjudication 65 Article 116 Cancellation of Patent Right 66 Article 117 Establishment of Industrial Property Right Council 66 Article 118 Effects of Registration of Non-exclusive License 66 Article 119 Restriction on Abandonment of Patent Right, etc. 67 Article 120 Effects of Abandonment 67 Article 121 Pledge 67 Article 122 Non-exclusive License Incidental to Transfer of Patent Right By Exercise of a Pledge Right 67 Article 123 Subrogation of Pledge Right 67 Article 124 Extinguishment of Patent Right in Absence of Successor 68 Article 125 Report on Working of Patent 68 CHAPTER VI : Protection of Patentee Article 126 Injunction, etc., Against Infringement 68 Article 127 Acts Deemed to be Infringement 68 Article 128 Presumption, etc., of Amount of Damage 69 Article 129 Presumption of the Patented Process to Manufacture 69 Article 130 Presumption of Negligence 69 Article 131 Recovery of Reputation of Patentee, etc. 69 Article 132 Submission of Documents 70 CHAPTER VII : Trial Article 132bis Industrial Property Tribunal 70 Article 132ter Trial Against Ruling of Refusal or Revocation 70 Article 132quater Trial Against Decision to Reject Amendment 70 Article 133 Invalidation Trial of Patent 71 Article 134 Invalidation Trial of Registration for Extension of Term of Patent Right 71 Article 135 Trial to confirm the Scope of a Patent Right 72 Article 136 Trial for Correction 72 Article 137 Trial for Invalidation of Correction 73 Article 138 Trial for Granting Non-exclusive License 74 Article 139 Request for Joint Trial, etc. 74 Article 140 Formal Requirements of Request for Trial 75 Article 140bis Formal Requirements of Request for Trial on Ruling of Refusal, Revocation, or Decision of Rejection of Amendment 76 Article 141 Rejection of Request for Trial 76 Article 142 Rejection of Request for Trial Containing Incurable Defects 76 Article 143 Trial Examiners 77 Article 144 Designation of Trial Examiners 77 Article 145 Presiding Trial Examiner 77 Article 146 Collegial Body for Trial 77 Article 147 Submission of Response, etc. 78 Article 148 Exclusion of Trial Examiner 78 Article 149 Request for Exclusion 78 Article 150 Challenge of Trial Examiner 79 Article 151 Indication of Grounds for Exclusion or Challenge 79 Article 152 Decision on Request for Exclusion or Challenge 79 Article 153 Suspension of Proceedings 79 Article 154 Trial Proceedings, etc. 80 Article 155 Intervention 80 Article 156 Request for Intervention and Decision 81 Article 157 Taking of Evidence and Preservation Thereof 81 Article 158 Continuation of Trial Proceedings 82 Article 159 Ex Officio Trial Examination 82 Article 160 Combination or Separation of Trial or Ruling 82 Article 161 Withdrawal of Request for Trial 82 Article 162 Ruling on Trial 83 Article 163 Res Judicata 84 Article 164 Suspension of Trial or Litigation Proceedings 84 Article 165 Costs of Trial 84 Article 166 Title of Liability of Costs, Remuneration or Compensation 85 Article 167 Deleted 85 Article 168 Deleted 85 Article 169 Deleted 85 Article 170 Mutatis Mutandis Application of Provisions on Examination to Trial against Ruling of Refusal 85 Article 171 Special Provisions on Trial against Ruling of Refusal or Decision of Rejection of Amendment 86 Article 172 Effect of Examination or Opposition Proceedings 86 Article 173 Reexamination Prior to Trial 86 Article 174 Mutatis Mutandis Application of Provision on Examination to Reexamination Prior to Trial 86 Article 175 Termination of Reexamination 87 Article 176 Reversal of Decision and Remand 87 Article 177 Deleted 87 CHAPTER VIII : Retrial Article 178 Request for Retrial 87 Article 179 Request for Retrial on Account of Collusion 88 Article 180 Time Limit for Request for Retrial 88 Article 181 Restriction on Effect of Patent Right Restored by Retrial 88 Article 182 Non-exclusive License for Prior User of Patent Right Restored by Retrial 89 Article 183 Non-exclusive License for Person Deprived of a Non-exclusive License by Retrial 90 Article 184 Mutatis Mutandis Application of Provisions Trial to Retrial 90 Article 185 Mutatis Mutandis Application of Provisions of the Code of Civil Procedure 90 CHAPTER IX : Litigation Article 186 Action on a Trial Decision, etc. 90 Article 187 Qualification for Defendant 91 Article 188 Notification of Institution of Action and Transmittal of Document 91 Article 188bis Exclusion or Challenge of Technical Hearing Officials 92 Article 189 Revocation of Trial Decision or Ruling 92 Article 190 Action Against Decision on Amount of Compensation or Remuneration 92 Article 191 Defendant in an Action Relating to Compensation or Remuneration 93 CHAPTER X : International Applications under the Patent Cooperation Treaty Part I. International Application Procedure Article 192 Persons Capable of International Application 93 Article 193 International Application 93 Article 194 Recognition, etc. of Filing Date of International Application 94 Article 195 Invitation to Amendment 95 Article 196 International Application Considered to have been Withdrawn 95 Article 197 Representative, etc. 96 Article 198 Fees 96 Article 198bis International Search and International Preliminary Examination 97 Part II. Special Provision on International Patent Applications Article 199 Patent Application Based on International Application 97 Article 200 Special Provision Concerning Presumption of Novelty of Inventions 97 Article 201 Translation of International Patent Application 97 Article 202 Special Provisions on Claim of Priority 99 Article 203 Submission of Document 100 Article 204 Amendment after Receipt of the International Search Report 100 Article 205 Amendment before Establishment of the International Preliminary Examination Report 101 Article 206 Special Provision on Patent Administrator for Nonresidents 101 Article 207 Special Provision on the Time and Effect of Laying-Open of Application 102 Article 208 Special Provision on Amendment 102 Article 209 Restriction on Timing of Dual Application 103 Article 210 Restriction on Time of Request for Examination 104 Article 211 Regulation Concerning Submission of Document Cited in the International Search Report, etc. 104 Article 212 Special Provision on Ruling of Revocation 104 Article 213 Special Provision on Invalidation Trial of Patent 104 Article 214 International Application Considered to be a Patent Application by Decision 105 CHAPTER XI : Supplementary Provisions Article 215 Special Provision for Patent or Patent Right With Two or More Claims 106 Article 216 Inspection of Documents, etc. 106 Article 217 Prohibition of Opening or Removal of Documents Relating to Application, Examination, Opposition, Trial, Retrial or the Patent Register 106 Article 217bis Agency for Computerizing Work of Patent Documents 107 Article 218 Transmittal of Documents 107 Article 219 Service by Public Notification 108 Article 220 Service to Nonresidents 108 Article 221 Patent Gazette 108 Article 222 Submission of Documents, etc. 109 Article 223 Patent Indication 109 Article 224 Prohibition of False Indication 109 Article 224bis Restriction on Objection 109 CHAPTER ⅩⅡ: Penal Provisions Article 225 Offense of Infringement 110 Article 226 Offense of Perjury 110 Article 227 Offense of False Marking 110 Article 228 Offense of Fraud 111 Article 229 Offense of Divulging Secrets 111 Article 229bis Officers and Employees of Computerized Patent Documents Processing Agency as Public Officials; Irrebuttable Presumption 111 Article 230 Joint Liability 111 Article 231 Confiscation, etc. 111 Article 232 Administrative Fine 112 ADDENDUM Article 1 Date of Entry into Force 113 Article 2 General Transitional Measures 113 Article 3 Application of Disposition of Procedures Related to Filing of Patent Application by Means of Electronic Documents 113 Article 4 Application of Requirements for Patents 113 Article 5 Amendment of Other Laws 114

 

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