1) All patents and patent applications in force on July 1, 1995 will have a term of 20 years from the filing date.
2) It will be possible to file applications in English provided that a Japanese translation is filed within 2 months.
3) Provision will be made for the first time for restoration of patents which have lapsed for non-payment of annuity fees as long as the reason for that failure was "due to reasons beyond the patentee's control" and the application for restoration is filed within six months of the expiration of the normal grace period for late payment of annuity fees.
4) Priority will henceforth be able to be claimed from applications filed in any country that has adopted the GATT-TRIPS Agreement even if that country is not a member of the Paris Convention.
5) The previous prohibition on protection for substances manufactured by transformation of the atom has been repealed.
2) It will be possible to file applications in English provided that a Japanese translation is filed within 2 months.
3) Provision will be made for the first time for restoration of patents which have lapsed for non-payment of annuity fees as long as the reason for that failure was "due to reasons beyond the patentee's control" and the application for restoration is filed within six months of the expiration of the normal grace period for late payment of annuity fees.
4) Priority will henceforth be able to be claimed from applications filed in any country that has adopted the GATT-TRIPS Agreement even if that country is not a member of the Paris Convention.
5) The previous prohibition on protection for substances manufactured by transformation of the atom has been repealed.
The major provisions which come into effect on January 1, 1996 are:
1) Replacement of the current pre-grant opposition proceedings by post-grant opposition proceedings. Under the new law an opposition can be filed only for a period of six months after the grant of the patent, although invalidation proceedings will be possible under other circumstances. Amendment of the patent during opposition will be possible.
2) Accelerated examination of patent applications is provided for if the applicant submits to the Japanese Patent Office a Search Report issued by a foreign or regional Patent Office. Applications for which accelerated prosecution is requested must be granted or rejected within 36 months of the date on which the request for accelerated examination is filed.
2) Accelerated examination of patent applications is provided for if the applicant submits to the Japanese Patent Office a Search Report issued by a foreign or regional Patent Office. Applications for which accelerated prosecution is requested must be granted or rejected within 36 months of the date on which the request for accelerated examination is filed.
April 1995 Index