JAPANESE PATENT LAW

Patent Requirements in Japan

Article 29 (Conditions for Patentability)
1. An inventor of an invention that is industrially applicable may be entitled to obtain a patent for the said invention, except for the following:
a. inventions that were publicly known in Japan or a foreign country, prior to the filing of the patent application;
b. inventions that were publicly used in Japan or a foreign country, prior to the filing of the patent application; or c. inventions that were described in a distributed publication, or inventions that were made publicly available through an electric telecommunication line in Japan or a foreign country, prior to the filing of the patent application.

Article 29 (Conditions for Patentability)
2. Where, prior to the filing of the patent application, a person ordinarily skilled in the art of the invention would have been able to easily make the invention based on an invention prescribed in any of the items of the preceding paragraph, a patent shall not be granted for such an invention notwithstanding the preceding paragraph.

Article 29-2
Where an invention claimed in a patent application is identical with an invention or device (excluding an invention or device made by the inventor of the invention claimed in the said patent application) disclosed in the description, scope of claims or drawings (in the case of the foreign language written application under Article 36-2(2), foreign language documents as provided in Article 36-2(1)) originally attached to the written application of another application for a patent or for a registration of a utility model which has been filed prior to the date of filing of the said patent application and published after the filing of the said patent application in the patent gazette under Article 66(3) of the Patent Act (hereinafter referred to as "gazette containing the patent")or in the utility model bulletin under Article 14(3) of the utility Model Act(Act No. 123 of 1959)(hereinafter referred to as "utility model bulletin") describing matters provided for in each of the paragraphs of the respective Article or for which the publication of the patent application has been effected, a patent shall not be granted for such an invention notwithstanding Article 29(1); provided, however, that this shall not apply where, at the time of the filing of the said patent application, the applicant of the said patent application and the applicant of the other application for a patent or for registration of a utility model are the same person.

Article 32(Unpatentable inventions)
Notwithstanding Article 29, any invention that is liable to injure public order, morality or public health shall not be patented.

Article 36(Patent applications)
(1) A person requesting the grant of a patent shall submit an application to the
Commissioner of the Patent Office stating the following:
(i) the name and domicile or residence of the applicant(s) for the patent; and
(ii) the name and domicile or residence of the inventor(s).
(2) The description, scope of claims, drawings (where required), and abstract shall
be attached to the application.
(3) The description as provided in the preceding paragraph shall state the following:
(i) the title of the invention;
(ii) a brief explanation of the drawing(s); and
(iii) a detailed explanation of the invention.
(4) The statement of the detailed explanation of the invention as provided in item (iii) of the preceding Paragraph shall comply with each of the following items:
(i) in accordance with Ordinance of the Ministry of Economy, Trade and Industry,
the statement shall be clear and sufficient as to enable any person ordinarily skilled in the art to which the invention pertains to work the invention; and
(ii) where the person requesting the grant of a patent has knowledge of any invention(s) (inventions as provided in Article 29(1)(iii), hereinafter the same shall apply in this item) related to the said invention, that has been known to the public through publication at the time of filing of the patent application, the statement shall provide the source of the information concerning the invention
(s) known to the public through publication such as the name of the publication and others.
(5) The scope of claims as provided in paragraph (2) shall state a claim or claims and state for each claim all matters necessary to specify the invention for which the applicant requests the grant of a patent. In such case, an invention specified by a statement in one claim may be the same invention specified by a statement in another claim.
(6) The statement of the scope of claims as provided in paragraph (2) shall comply with each of the following items:
(i) the invention for which a patent is sought is stated in the detailed explanation of the invention;
(ii) the invention for which a patent is sought is clear;
(iii) the statement for each claim is concise; and
(iv) the statement is composed in accordance with Ordinance of the Ministry of
Economy, Trade and Industry.
(7) The abstract as provided in paragraph (2) shall state a summary of the invention disclosed in the description, scope of claims or drawings, and any other matters as provided by Ordinance of the Ministry of Economy, Trade and Industry.

Article 39 (Prior application)
1. Where two or more patent applications claiming identical inventions have been filed on different dates, only the applicant who filed the patent application on the earliest date shall be entitled to obtain a patent for the invention claimed.
2. Where two or more patent applications claiming identical inventions have been filed on the same date, only one applicant, who was selected by consultations between the applicants who filed the said applications, shall be entitled to obtain a patent for the invention claimed. Where no agreement is reached by consultations or consultations are unable to be held, none of the applicants shall be entitled to obtain a patent for the invention claimed.