The Japanese Patent Law 2011 as Revised
Promulgated June 8, 2011

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2011/09/15

The Japanese Patent Law 2011 as Revised
Promulgated June 8, 2011 

Introduction

The Japanese Patent Law 2011 as revised was promulgated on June 8, 2011. A summary of the revision is briefly introduced below.

The revised law is scheduled to go into effect within one year from the date of promulgation, but the actual date has not been announced (although the date is generally presumed to April 1, 2012). Also, the implementing regulations have still not been published. Until the revised Law becomes effective, the previous Law is currently still in force (“the current Law”).

This revision is mainly aimed at keeping up with environmental changes surrounding the intellectual property system as well as making improvements to make the system more convenient for users.

Contents

1. Enhancement of Protection of Non-exclusive License
2. Proper Protection of Inventors against Usurped Application
3. Improvements for Users’ Convenience
 3-1. Review of Provisions for Exception to Lack of Novelty
 3-2. Reduction or Exemption of Official Fees
4. Review of Trial Examination System for Rapid and Efficient Settlement of Disputes
 4-1. Prohibition of Demanding Trial for Correction after Demanding Revocation at IP High Court
 4-2. Mitigation of Effect of Conclusive Trial Decision Denying Invalidation of Patent
 4-3. Restriction of Assertion in Action for Retrial, etc..
 4-4. Review of Effective Range of Conclusive Decision of Invalidation/Correction Trials
5. Review of Procedural Remedies for Applicants and Patentees
 5-1. Remedies for Failing to Furnish Japanese Translation in Due Time
 5-2. Remedies for Failing to Pay Annual Fee in Due Time
6. Others   

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