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Japan - Revision of Patent Law

The Japanese Parliament has adopted a number of changes to the patent law. Among the most significant are the following:

1) with effect from January 1, 2000, the definition of novelty required for a valid patent is to be changed so as to add public knowledge and public use outside Japan and, subject to a six-month grace period, disclosures that are available to the public by an electronic communication network to the classes of acts that destroy novelty;

2) with effect from October 1, 2001, the period within which examination must be requested will be reduced to three years from the filing date from the seven-year period permitted at present;

3) with effect from January 1, 2000, court procedures are to be modified to make it easier to obtain realistic awards of damages for patent infringement;

4) with effect from January 1, 2000, courts handling infringement actions will be able to request a technical opinion from the patent office as to the meaning of the claims of the patent in suit; and

5) with effect from January 1, 2000 a patent applicant will be able to request publication of its patent application earlier than eighteen months from the claimed priority date so as to enable patent applicants to obtain compensation from unauthorized users of their inventions from an earlier date than is possible at present.


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