22. Interruption or suspension of procedure

184novies. National publication etc.

The purpose of this Law shall be to encourage inventions by promoting their protection and utilization so as to contribute to the development of industry.

(1) "Invention" in this Law means the highly advanced creation of technical ideas by which a law of nature is utilized.

(2) "Patented invention" in this Law means an invention for which a patent has been granted.

(3) "Working" of an invention in this Law means the following acts:

(i) in the case of an invention of a product, acts of manufacturing, using, assigning, leasing, importing or offering for assignment or lease (including displaying for the purpose of assignment or lease - hereinafter the same) of, the product;

(ii) in the case of an invention of a process, acts of using the process;

(iii) in the case of an invention of a process of manufacturing a product, acts of using, assigning, leasing, importing or offering for assignment or lease of, the product manufactured by the process, in addition to the acts mentioned in the preceding paragraph.

(1) Time limits fixed in this Law or an order or ordinance under this Law shall be computed according to the following provisions:

(i) the first day of the period shall not be included. However, this provision shall not apply when the period begins from 00.00 a.m.;

(ii) when the period is expressed in months or years, it shall be counted according to the calendar. When the period is not computed from the beginning of a month or year, it shall expire on the day preceding the day of the last month or year corresponding to the day on which the computation begins. However, where there is no corresponding day in the last month, it shall expire on the last day of that month.

(2) Where the last day of a period prescribed for the filing of a patent application or demand or for any other procedure relating to a patent (hereinafter referred to as "procedure") falls on a Sunday, a holiday referred to in each of the paragraphs of Section 1(1) of the Law concerning holidays of administrative organizations (Law No. 91 of 1988), the last day of the period shall be the day following such holiday or holidays.

The Commissioner of the Patent Office may, for the benefit of a person residing in a place that is remote or difficult of access, extend upon request or ex officio the period prescribed in Section 108(1), 121(1) or 173(1).

(1) The Commissioner of the Patent Office, the trial examiner-in-chief or the examiner may, where he has designated a time limit for a procedure to be initiated under this Law, extend the time limit upon request or ex officio.

(2) The trial examiner-in-chief may, where he has designated a date under this Law, change the date upon request or ex officio.

(1) An association or foundation which is not a legal entity but for which an officer representing it or an administrator has been designated may, in its name:

(i) make a request for examination;

(ii) file an opposition to the patent;

(iii) demand a trial under Section 123(1) or 125bis(1);

(iv) demand a retrial against a final and conclusive trial decision under Section 123(1) or 125bis(1), in accordance with Section 171(1).

(2) An association or foundation which is not a legal entity but for which an officer representing it or an administrator has been designated may be made a party in its name to a retrial against a final and conclusive trial decision under Section 123(1) or 125bis(1).

(1) Minors and majors placed under guardianship may proceed before the Office only through their legal representatives. However, this provision shall not apply where a minor can perform a legal act independently.

(2) Where a person under curatorship proceeds before the Office, he shall obtain the consent of his curator.

(3) Where a legal representative proceeds before the Office and there is a supervisor of the guardian, the former shall obtain the consent of the latter.

(4) Where a person placed under curatorship or a legal representative takes part in a procedure with regard to an opposition to the patent, a trial or retrial demanded by an adverse party, the two preceding subsections shall not apply.

(1) A person who has neither his domicile nor residence (nor, in the case of a legal entity, its establishment) in Japan (hereinafter referred to as a "resident abroad") may not, except where prescribed by Cabinet Order, proceed before the Office or institute a suit against any measure taken by an administrative agency in accordance with this Law or an order or ordinance thereunder, except through his representative with respect to his patent who has his domicile or residence in Japan (hereinafter referred to as "patent administrator").

(2) The patent administrator shall represent the principal in all procedures and in a suit instituted against measures taken by an administrative agency in accordance with this Law or an order or ordinance thereunder. However, this provision shall not apply where a resident abroad restricts the scope of power of attorney of his patent administrator.

A representative of a person who is domiciled or a resident (or, in the case of legal entity, established) in Japan and who is proceeding before the Office shall not, unless expressly so empowered, convert, abandon or withdraw a patent application, withdraw an application for registration of an extension of the term of a patent right, withdraw a demand, request or motion, make or withdraw a priority claim under Section 41(1), make a request for laying open of an application, demand a trial under Section 121(1), surrender a patent right or appoint a sub-representative.

The power of attorney of a representative of a person proceeding before the Office shall not become extinguished on the principal's death or on merger in the case of a legal entity, or on the termination of the duty of trust, where a trustee is the principal, or on the death of a legal representative or on the modification or extinguishment of his power of attorney.

Where a person proceeding before the Office has two or more representatives, each of them shall represent the principal.

(1) The Commissioner of the Patent Office or the trial examiner-in-chief may, if he considers a person proceeding before the Office to be incompetent, order a representative to act.

(2) The Commissioner of the Patent Office or the trial examiner-in-chief may, if he considers the representative of a person proceeding before the Office to be incompetent, order him to be replaced.

(3) In the case of the preceding two subsections, the Commissioner of the Patent Office or the trial examiner-in-chief may order that a patent attorney be the representative.

(4) The Commissioner of the Patent Office or the trial examiner-in-chief may dismiss any action taken before the Office by a person or representative referred to respectively in Subsection (1) or (2) after the issuance of an order under Subsection (1) or (2).

Where two or more persons are jointly proceeding before the Office, each of them shall represent the other or others with respect to a procedure other than the conversion, surrender and withdrawal of a patent application, the withdrawal of an application for registration of an extension of the term of a patent right, the withdrawal of a demand, request, or motion, the making and withdrawal of a priority claim under Section 41(1), the making of a request for laying open of an application, and the demand for a trial under Section 121(1). However, this provision shall not apply where they have appointed a representative for both or all of them and have notified the Office accordingly.

With respect to a patent right or other right relating to a patent of a resident abroad, the domicile or residence of his patent administrator or, where there is no such administrator, the location of the Patent Office shall be the place of the property under Section 5(iv) of the Code of Civil Procedure (Law No. 109 of 1996).

(1) The acts of a minor (other than one who has independent capacity to perform legal acts) or of a major placed under guardianship may be ratified by his legal representative (or by the principal when he has gained capacity to proceed before the Office).

(2) The acts of a person who has no power of attorney may be ratified by the principal when he has capacity to proceed before the Office or by his legal representative.

(3) The acts of a person placed under curatorship taken without his curator's consent may be ratified by such person with his curator's consent.

(4) The acts of a legal representative taken without consent of supervisor of the guardian, where there is such a supervisor, may be ratified by the legal representative when he has obtained the supervisor's consent or by the principal when he has gained capacity to proceed before the Office.

(1) A person who is proceeding before the Office may make amendments only during the pendency of the case before the Office. However, subject to the subsequent Section to 17quater, he may not amend the specification, the drawings or the abstract attached to the request as well as the corrected specification or drawings attached to the written demand under Section 126(1), Section 134(2) or 120quater(2).

(2) Notwithstanding the principal sentence of Subsection (1), an applicant of a foreign language file application referred to in Section 36bis(2) may not amend the foreign language file and foreign language abstract referred to in Section 36bis(1).

(3) The Commissioner of the Patent Office may invite amendment, designating an adequate time limit, in the following cases:

(i) when the requirements of Section 7(1) to (3) or 9 have not been complied with;

(ii) when the formal requirements specified in this Law or in an order or ordinance thereunder have not been complied with;

(iii) when the fees due to be paid under Section 195(1) to (3) have not been paid with respect to a procedure.

(4) Subject to Section 17bis(2), any amendment under the principal sentence of Subsection (1) of this Section (except in the case of the payment of fees) shall be submitted in writing.

(1) An applicant for a patent may, before the transmittal of the copy of an examiner's decision that a patent is to be granted, amend the specification or drawings attached to the request. However, after the receipt of the notification under Section 50, the amendment may be made only in the following cases:

(i) where the applicant has received a first notification (referred to in this Section as "the notification of reasons for refusal") under Section 50 [including its application under Section 159(2) (including its application under Section 174(2) and under Section 163(2)) (hereinafter referred to in this paragraph as "Section 50")] and amendment is made within the time limit designated in accordance with Section 50;

(ii) where the applicant has received a notification of refusal and amendment is made within the time limit designated in accordance with Section 50 with respect to the final notification of reasons for refusal;

(iii) where the applicant demands a trial under Section 121(1) and amendment is made within 30 days of such demand.

(2) Where the applicant of a foreign language file application under Section 36bis(2) amends the specification or drawings under Subsection (1) for the object of the correction of an incorrect translation, he shall submit a written correction of an incorrect translation stating the grounds thereof.

(3) An amendment of the specification or drawings under Subsection (1) shall, except in the case of submission of the written correction of an incorrect translation, remains within the scope of the features disclosed in the specification or drawings originally attached to the request [in the case of a foreign language file application under Section 36bis(2), the translation of the foreign language file referred to in said Subsection (2) is considered to be a specification and drawings by virtue of the provisions of said Section (4) (in the case where the applicant amended the specification or drawings by submitting of the written correction of an incorrect translation, said translation, the specification or drawings as amended)].

(4) Subject to the provisions of the preceding subsection, in the case of Subsection (1)(ii) and (iii) of this Section, the amendment of the claim or claims shall be limited to the following:

(i) the cancellation of the claim or claims referred to in Section 36(5);

(ii) the restriction of the claim or claims (only the restriction of all or some of the matters necessary to define the invention claimed in the claim or claims under Section 36(5) and the industrial applicability and the problem to be solved of the invention claimed in the amended claim or claims are the same as those of the invention claimed in the claim or claims prior to the amendment);

(iii) the correction of errors in the description;

(iv) the clarification of an ambiguous description (only the amendment with respect to the matters mentioned in the reasons for the refusal concerned in the notification of the reasons for the refusal).

(5) Section 126(4) shall apply mutatis mutandis to the case of the preceding subsection.

An applicant for a patent may amend the abstract within one year and three months from the filing date of his patent application (excluding the period after a request made for laying open of an application) [or - in the case of a patent application containing a priority claim under Section 41(1) - the filing date of the earlier application referred to in Section 41(1), - in the case of a patent application containing a priority claim under Section 43(1) or 43bis (1) or (2) - the filing date of the first application or the application considered to be the first application in accordance with Article 4C(4) of the Paris Convention (meaning the Paris Convention for the Protection of Industrial Property of March 20, 1883, as revised at Brussels on December 14, 1900, at Washington on June 2, 1911, at Hague on November 6, 1925, at London on June 2, 1934, at Lisbon on October 31, 1958, and at Stockholm on July 14, 1967 - hereinafter the same) or of an application recognized as the first application in accordance with 4A(2) of the Paris Convention; and in the case of a patent application containing two or more priority claims under 41(1), 43(1) or 43bis(1) or (2), from the earliest date amongst the filing dates of the applications whose priorities are so claimed - the same meaning as Section 64(1)].

(1) A patentee may amend the corrected specification or drawings attached to the written demand for a correction under Section 120quater(2), only within the time limit designated under Section 165 as applied under Section 120quater(1) or (3).

(2) The defendant of a trial under Section 123(1) may amend the specification or drawings attached to the written demand for a correction under Section 134(2), only within the time limit designated under Section 134(1), under Section 165 as applied under Section 134(5) or under Section 153(2).

(3) The demandant of a trial under Section 126(1) may amend the specification or drawings attached to the written demand for a trial under Section 126(1), only before he is notified under Section 156(1) (in the case where the trial has been reopened under Section 156(2), before he is notified again under Section 156(1)).

(1) The Commissioner of the Patent Office may dismiss a procedure when a person whom he has invited to make amendment in accordance with Section 17(3) fails to do so within the time limit designated in accordance with that subsection or when a person who is to obtain registration of the establishment of a patent right fails to pay the annual fees within the time limit fixed in Section 108(1).

(2) The Commissioner of the Patent Office may dismiss an application for a patent where he has invited the applicant, in accordance with Section 17(3), to pay the fee under Section 195(3) and the applicant fails to do so within the time limit designated in accordance with Section 17(3).

(1) The Commissioner of the Patent Office shall dismiss an irregular procedure which cannot be amended.

(2) Where the Commissioner of the Patent Office intends to dismiss a procedure under the preceding subsection, he shall notify the person who is proceeding of the reasons for dismissal designating an adequate time limit and give him an opportunity to submit a statement describing an explanation (hereinafter referred to as "explanatory statement").

Where a request, document or any other matter to be submitted to the Patent Office in accordance with this Law, or an order or ordinance thereunder, within a specified time limit is sent by mail, the request, document or matter shall be deemed to have reached the Office at the date and time when it was handed in to a post office, if such date and time are proved by the receipt of the mail, or at the date and time on the postmark if they are clearly indicated, or at 12.00 p.m. on the date indicated on the postmark if only the date is clear.

The effects of a procedure regarding a patent right or other right relating to a patent shall extend to a successor in title.

Where a patent right or other right relating to a patent is transferred while the case is pending in the Patent Office, the Commissioner of the Patent Office or the trial examiner-in-chief may continue the procedure concerned on behalf of the successor in title.

(1) The Commissioner of the Patent Office or the trial examiner shall, in regard to a motion for the resumption of a procedure interrupted after the transmittal of a ruling, an examiner's decision or a trial decision, render a ruling as to whether the procedure may be resumed.

(2) Such a ruling shall be in writing and state the reasons therefor.

(1) Where a person who is to resume the procedure for an examination or a trial examination of the opposition to the patent and ruling thereon, a trial or retrial which has been interrupted fails to do so, the Commissioner of the Patent Office or the trial examiner shall, upon a motion or ex officio, order such person to resume the procedure and designate an adequate time limit for this purpose.

(2) Where the procedure is not resumed within the time limit designated in accordance with the preceding subsection, the resumption may be deemed by the Commissioner of the Patent Office or the trial examiner to have commenced on the date when the time limit expired.

(3) When the resumption is deemed to have taken place, in accordance with the preceding subsection, the Commissioner of the Patent Office or the trial examiner-in-chief shall notify the parties accordingly.

Sections 124 (excluding Subsection (1)(iv)), 125 to 127, 128(1), 130, 131 and 132(2) (interruption or suspension of litigation) of the Code of Civil Procedure shall apply mutatis mutandis to a procedure with respect to an examination, a trial examination of an opposition to the patent and ruling thereon, a trial or retrial. In such a case, a "process attorney" in Section 124(2), "court" in Section 127, "court" in Section 128(1) and 131, and "court" in Section 130 of the said Code shall read, respectively, "representative entrusted with the examination, trial examination of an opposition to the patent and ruling thereon, a trial or retrial," "Commissioner of the Patent Office or the trial examination-in-chief," "Commissioner of the Patent Office or the trial examiner," and "Patent Office."

An alien who is neither domiciled nor a resident (nor established, in the case of a legal entity) in Japan shall not enjoy a patent right or other right relating to a patent, except in any one of the following cases:

(i) where his country allows Japanese nationals to enjoy patent rights or other rights relating to a patent under the same conditions as its own nationals;

(ii) where his country allows Japanese nationals to enjoy patent rights or other rights relating to a patent under the same conditions as its own nationals provided that Japan allows his country's nationals to enjoy such rights;

(iii) where there are specific provisions in a treaty.

Where there are specific provisions relating to patents in a treaty, such provisions shall prevail.

(1) The following matters shall be registered in the Patent Register kept in the Patent Office:

(i) the establishment, extension of the term, transfer, extinguishment, restoration or restriction on disposal, of a patent right;

(ii) the establishment, maintenance, transfer, modification, extinguishment or restriction on disposal, of an exclusive or non-exclusive license;

(iii) the establishment, transfer, modification, extinguishment or restriction on disposal, of rights in a pledge upon a patent right or an exclusive or non-exclusive license.

(2) The Patent Register, either in whole or in part, may be prepared by means of magnetic tapes (including other materials on which matters can be accurately recorded by an equivalent method - hereinafter referred to as "magnetic tapes").

(3) Other matters relating to registration that are not provided for in this Law shall be prescribed by Cabinet Order.

(1) When the establishment of a patent right has been registered or when a ruling or trial decision to the effect that the specification or drawings attached to the request are to be corrected has become final and conclusive and such decision has been registered, the Commissioner of the Patent Office shall issue the certificate of patent to the patentee.

(2) Re-issuance of the certificate of patent shall be prescribed by an ordinance of the Ministry of Economy, Trade and Industry.

(1) Any person who has made an invention which is industrially applicable may obtain a patent therefor, except in the case of the following inventions:

(i) inventions which were publicly known in Japan or elsewhere prior to the filing of the patent application;

(ii) inventions which were publicly worked in Japan or elsewhere prior to the filing of the patent application;

(iii) inventions which were described in a distributed publication or made available to the public through electric telecommunication lines in Japan or elsewhere prior to the filing of the patent application.

(2) Where an invention could easily have been made, prior to the filing of the patent application, by a person with ordinary skill in the art to which the invention pertains, on the basis of an invention or inventions referred to in any of the paragraphs of Subsection (1), a patent shall not be granted for such an invention notwithstanding Subsection (1).

Where an invention claimed in a patent application is identical with an invention or device (excluding an invention or device made by the same person as the inventor of the invention claimed in the patent application) disclosed in the specification or drawings originally attached to the request of another application for a patent (in the case of a foreign language file application referred to in Section 36bis(2) of this Law, the foreign language file referred to in Section 36bis(1) of the said Law) or of an application for a utility model registration which was filed prior to the filing date of the patent application and for which the Patent Gazette which states the matter referred to in each paragraph of Section 66(3) of the said Law (hereinafter referred to as "the Gazette containing the Patent") was published under the said subsection or the laying open for public inspection (Kokai) was effected or the Utility Model Gazette which states the matter referred to in each paragraph of Section 14(3) of Utility Model Law (No. 123 of 1959) (hereinafter referred to as "the Gazette containing the Utility Model") was published under the said subsection after the filing of the patent application, a patent shall not be granted for the invention notwithstanding Section 29(1). However, this provision shall not apply where, at the time of filing of the patent application, the applicant of the patent application and the applicant of the other application for a patent or the application for a utility model registration are the same person.

(1) In the case of an invention which has fallen under any of the paragraphs of Section 29(1) by reason of the fact that the person having the right to obtain a patent has conducted an experiment, has made a presentation in a printed publication, has made a presentation through electric telecommunication lines, or has made a presentation in writing at a study meeting held by a scientific body designated by the Commissioner of the Patent Office, such invention shall be deemed not have fallen under any of the paragraphs of Section 29(1) for the purposes of Section 29(1) and (2) to the invention claimed in the patent application which has been filed by such person within six months from the date on which the invention first fell under those paragraphs.

(2) In the case of an invention which has fallen under any of the paragraphs of Section 29(1) against the will of the person having the right to obtain a patent, the preceding subsection shall also apply for the purposes of Section 29(1) and (2) to the invention claimed in the patent application which has been filed by such person within six months from the date on which the invention first fell under any of those paragraphs.

(3) In the case of an invention which has fallen under any of the paragraphs of Section 29(1) by reason of the fact that the person having the right to obtain a patent has exhibited the invention at an exhibition held by the Government or by any local public entity (hereinafter referred to as the "Government, etc.") or at one which is not held by the Government, etc. but is designated by the Commissioner of the Patent Office, or at an international exhibition held in the territory of a country party to the Paris Convention or of a Member of the World Trade Organization by its government, etc. or by a person authorized thereby, or at an international exhibition held in the territory of a country not party to the Paris Convention nor a member of the World Trade Organization by its government, etc. or by a person authorized thereby where such exhibition has been designated by the Commissioner of the Patent Office, Subsection (1) shall also apply for the purposes of Section 29(1) and (2) to the invention claimed in the patent application which has been filed by such person within six months form the date on which the invention first fell under those paragraphs.

(4) Any person who desires the application of Subsection (1) or the preceding subsection shall submit a written statement to that effect to the Commissioner of the Patent Office simultaneously with the patent application and within 30 days of the filing of the patent application, he shall also submit to the Commissioner of the Patent Office a document proving that the invention that has fallen under any of the paragraphs of Section 29(1) is the invention for which the provision of Subsection (1) or the preceding subsection may be applicable.

The inventions liable to contravene public order, morality or public health shall not be patented, notwithstanding Section 29.

(1) The right to obtain a patent may be transferred.

(2) The right to obtain a patent may not be the subject of a pledge.

(3) A joint owner of the right to obtain a patent may not assign his share without the consent of all the other joint owners.

(1) The succession to the right to obtain a patent before the filing of the patent application shall not be effective against third persons unless the successor in title files the patent application.

(2) Where two or more applications for a patent are filed on the same date, on the basis of the same right to obtain a patent that has been derived by succession from the same person, the succession by any person other than the one agreed upon by the patent applicants shall not be effective against third persons.

(3) The preceding subsection shall also apply where a patent application and a utility model application are filed on the same date, on the basis of a right to obtain a patent and utility model registration for the same invention and device which has been derived by succession from the same person.

(4) The succession to the right to obtain a patent after the filing of the patent application shall not take effect unless the Commissioner of the Patent Office is notified accordingly, except in the case of inheritance or other general succession.

(5) Upon inheritance or other general succession with respect to a right to obtain a patent, the successor in title shall notify the Commissioner of the Patent Office accordingly without delay.

(6) Where two or more notifications are made on the same date, on the basis of the same right to obtain a patent that has been derived by succession from the same person, a notification made by any person other than the one agreed upon after mutual consultation among the persons making the notifications shall not take effect.

(7) Section 39(7) and (8) shall apply mutatis mutandis to the cases under Subsections (2), (3) and (6).

(1) An employer, a legal entity or a state or local public entity (hereinafter referred to as the "employer, etc.") shall have a non-exclusive license on the patent right concerned, where an employee, an executive officer of a legal entity or a national or local public official (hereinafter referred to as the "employee, etc.") has obtained a patent for an invention which by reason of its nature falls within the scope of the business of the employer, etc. and an act or acts resulting in the invention were part of the present or past duties of the employee, etc. performed on behalf of the employer, etc. (hereinafter referred to as an "employee's invention") or where a successor in title to the right to obtain a patent for an employee's invention has obtained a patent therefor.

(2) In the case of an employee's invention made by an employee, etc. which is not an employee's invention, any contractual provision, service regulation or other stipulation providing in advance that the right to obtain a patent or the patent right shall pass to the employer, etc. or that he shall have an exclusive license on such invention shall be null and void.

(3) The employee, etc. shall have the right to a reasonable remuneration when he has enabled the right to obtain a patent or the patent right with respect to an employee's invention to pass to the employer, etc. or has given the employer, etc. an exclusive right to such invention in accordance with the contract, service regulations or other stipulations.

(4) The amount of such remuneration shall be decided by reference to the profits that the employer, etc. will make from the invention and to the amount of contribution the employer, etc. made to the making of the invention.

(1) Any person desiring a patent shall submit a request to the Commissioner of the Patent Office stating the following:

(i) the name and the domicile or residence of the applicant for the patent;

(ii) the name and the domicile or residence of the inventor.

(2) The request shall be accompanied by the specification, any drawings necessary and the abstract.

(3) The specification under Subsection (2) shall state the following:

(i) the title of the invention;

(ii) a brief explanation of the drawings;

(iii) a detailed explanation of the invention;

(iv) patent claim(s).

(4) The detailed explanation of the invention under the preceding Subsection (iii) shall state the invention, as provided for in an ordinance of the Ministry of Economy, Trade and Industry, in a manner sufficiently clear and complete for the invention to be carried out by a person having ordinary skill in the art to which the invention pertains.

(5) In the patent claim under Subsection (3)(iv), there shall be set forth, by statements separated on a claim by a claim basis, all matters which an applicant for a patent considers necessary in defining an invention for which a patent is sought. In such a case, it shall not preclude the statements of the patent claim(s) to be such that an invention claimed in one claim is the same as an invention claimed in another claim.

(6) The statement of the patent claim(s) under Subsection (3)(iv) shall comply with each of the following paragraphs:

(i) statements setting forth the invention(s) for which patent is sought and which is described in the detailed explanation of the invention;

(ii) statements setting forth the invention(s) for which a patent is sought and which is clear;

(iii) statements setting forth the claim(s) which is concise;

(iv) statements which are as provided for in an ordinance of the Ministry of Economy, Trade and Industry.

(7) The abstract under Subsection (2) shall state the summary of the invention disclosed in the specification or drawings and other matters provided for in an ordinance of the Ministry of Economy, Trade and Industry.

(1) Any person desiring a patent may, in lieu of the specification, drawings necessary and abstract under the preceding Section (2), attach to the request a paper stating the matters to be stated in the specification under the preceding Section (3) to (6) in a foreign language specified in an ordinance of the Ministry of Economy, Trade and Industry and any text matter of the drawings in the foreign language (hereinafter referred to as the "foreign language file") and a paper stating the matters to be stated in the abstract under the preceding Section (7) in the foreign language (hereinafter referred to as the "foreign language abstract").

(2) The applicant of an application for a patent to which he has attached the foreign language file and foreign language abstract to the request under the preceding subsection (hereinafter referred to as the "foreign language file application") shall furnish to the Commissioner of the Patent Office a translation into Japanese of the foreign language file and foreign language abstract within two months from the filing date of the application for a patent.

(3) Where the translation of the foreign language file (excluding the drawings) referred to in the preceding subsection has not been furnished within the time limit prescribed in that subsection, the application for a patent shall be deemed withdrawn.

(4) The translation of the foreign language file referred to in Subsection (2) is deemed to be the specification and drawings as submitted attached to the request under the preceding Section (2) and the translation of the foreign language abstract referred to in Subsection (2) is deemed to be the abstract as submitted attached to the request under the preceding Section (2).

Where there are two or more inventions, they may be the subject of a patent application in the same request provided that these inventions are of an invention claimed in one claim (hereinafter referred to as "the specified invention") and of another or other inventions having the relationship as indicated below with respect to such specified invention:

(i) inventions of which the industrial applicability and the problem to be solved are the same as those of the specified invention;

(ii) inventions of which the industrial applicability and the substantial part of the features stated in the claim are the same as those of the specified invention;

(iii) where the specified invention relates to a product, inventions of process of manufacturing the product, inventions of process of using the product, inventions of process used for handling the product, inventions of machines, instruments, equipment or other things used for manufacturing the product, inventions of products solely utilizing the specific properties of the product, or inventions of things used for handling the product;

(iv) where the specified invention relates to a process, inventions of machines, instruments, equipment or other things used directly in the working of the specified invention;

(v) inventions having a relationship as provided for in Cabinet Order.

Where the right to obtain a patent is owned jointly, the patent may only be applied for jointly by all the joint owners.

(1) Where two or more patent applications relating to the same invention are filed on different dates, only the first applicant may obtain a patent for the invention.

(2) Where two or more patent applications relating to the same invention are filed on the same date, only one such applicant, agreed upon after mutual consultation among all the applicants, may obtain a patent for the invention. If no agreement is reached or no consultation is possible, none of the applicants shall obtain a patent for the invention.

(3) Where an invention claimed in a patent application is the same as a device claimed in a utility model application and the applications are filed on different dates, the patent applicant may obtain a patent only if his application was filed before the utility model application.

(4) Where an invention claimed in a patent application is the same as a device claimed in a utility model application and the applications are filed on the same date, only one applicant, agreed upon after mutual consultation between the applicants, may obtain the patent or the utility model registration. If no agreement is reached or no consultation is possible, the patent applicant shall not obtain a patent for the invention.

(5) Where a patent application or a utility model application is abandoned, withdrawn or dismissed, or where an examiner's decision or trial decision that a patent application is to be refused has become final and conclusive, such application shall, for the purposes of Subsections (1) to (4), be deemed never to have been made. However, this provision shall not apply where an examiner's decision or a trial decision that the patent application is to be refused under the provision of the last sentence of Subsection (2) or (4) becomes final and conclusive.

(6) A patent application or a utility model application filed by a person who is neither the inventor nor the creator nor the successor in title to the right to obtain a patent or utility model registration shall, for the purposes of Subsections (1) to (4), be deemed not to be a patent application or a utility model application.

(7) The Commissioner of the Patent Office shall, in the case of Subsection (2) or (4), order the applicants to hold consultations for an agreement under Subsection (2) or (4) and to report the result thereof, within an adequate time limit.

(8) Where the report under the preceding subsection is not made within the time limit designated in accordance with that subsection, the Commissioner of the Patent Office may deem that no agreement under Subsection (2) or (4) has been reached.

(1) Any person desiring a patent may declare a priority claim for the invention claimed in a patent application on the basis of the invention which has been disclosed in the specification or drawings originally attached to the request (in the case where the earlier application is a foreign language file application, the foreign language file) of a patent or utility model application in which he has the right to obtain a patent or utility model registration and which has been filed earlier (hereinafter referred to as an "earlier application") except in the following cases:

(i) the patent application concerned is not one filed within one year from the filing date of the earlier application;

(ii) the earlier application is a new patent application divided out from a patent application under Section 44(1), a patent application converted from an application under Section 46(1) or (2), or a new utility model application divided out from a utility model application under Section 44(1) of this Law as applied under Section 11(1) of the Utility Model Law or a utility model application converted from an application under Section 10(1) or (2) of the Utility Model Law;

(iii) at the time when the patent application concerned is filed, the earlier application has been abandoned, withdrawn or dismissed;

(iv) at the time when the patent application concerned is filed, the examiner's decision or the trial decision on the earlier application has become final and conclusive;

(v) at the time when the patent application concerned is filed, the registration of establishment referred to in Section 14(2) of the Utility Model Law with respect to the earlier application has been effected.

(2) For inventions which are amongst those claimed in a patent application containing a priority claim under Subsection (1) and which are disclosed in the specification or drawings (in the case where the earlier application is a foreign language file application, the foreign language file) originally attached to the request of an earlier application whose priority is so claimed [in the case where the earlier application contains a priority claim under Subsection (1) or under Section 8(1) of the Utility Model Law or a priority claim under Section 43(1) or Section 43bis(1) or (2) of this Law (including its application under Section 11(1) of the Utility Model Law), excluding the inventions disclosed in the document (limited to those equivalent to the specification and drawings) submitted at the time of the filing of the application whose priority is claimed for the earlier application], the patent application concerned shall be deemed to have been filed at the time when the earlier