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Law No. 950, Promulgated on Dec. 31, 1961
07/01/2001
: Revised Patent Law
TABLE OF CONTENTS
As Last Amended by Law No. 5576, Sep. 23, 1998
CHAPTER I : General Provisions
CHAPTER II : Requirements for Patents and Patent Application
CHAPTER III : Examination
CHAPTER IV : Patent Fees and Patent Registrations, etc.
CHAPTER V : Patent Right
CHAPTER VI : Protection of Patentee
CHAPTER VII : Trial
CHAPTER VIII : Retrial
CHAPTER IX : Litigation
CHAPTER X : International Applications under the Patent Cooperation Treaty
CHAPTER XI : Supplementary Provisions
CHAPTER ¥¹¥±: Penal Provisions
Addendum
CHAPTER I : General Provisions
Article 1 Purpose 15
Article 2 Definitions 15
Article 3 Capacity of Minors, etc. 15
Article 4 Associations, etc., Other than Legal Entity 16
Article 5 Patent Administrator for Nonresidents 16
Article 6 Scope of Powers of Attorney 16
Article 7 Proof of Powers of Attorney 17
Article 8 Non-extinguishment of Powers of Attorney 17
Article 9 Independence of Representation 17
Article 10 Replacement of Agents, etc. 17
Article 11 Representation of Two or More Persons 18
Article 12 Mutatis Mutandis Application of Provisions of the Code of Civil Procedure 18
Article 13 Venue of Nonresidents 19
Article 14 Calculation of Time Limits 19
Article 15 Extension of Time Limits, etc. 19
Article 16 Invalidation of Procedure 20
Article 17 Subsequent Completion of Procedure 20
Article 18 Succession of Procedural Effects 20
Article 19 Continuation of Procedure by Successor 20
Article 20 Interruption of procedure 21
Article 21 Resumption of an Interrupted Procedure 21
Article 22 Request for Continuation 22
Article 23 Suspension of Procedure 22
Article 24 Effects of Interruption or Suspension 23
Article 25 Capacity of Foreigners 23
Article 26 Effects of Treaty 23
Article 27 Subsidies for Encouragement of Inventions 23
Article 28 Effective Date of Submitted Documents 24
Article 28bis Entry of Identification Number 24
Article 28ter Procedure for Filing Patent Applications by Means of Electronic Documents 25
Article 28quater Report on Use of Electronic Documents and Electronic Signature 26
Article 28quinquies Notification, etc., through a Computerized Network 26
CHAPTER II : Requirements for Patents and Patent Applications
Article 29 Requirements for Patents 27
Article 30 Inventions Deemed to be Novel 28
Article 31 Patent for Plant Invention 28
Article 32 Unpatentable Inventions 29
Article 33 Persons Entitled to Obtain a Patent 29
Article 34 Patent Application Filed by an Unentitled Person; Protection of Lawful Holder of the Right 29
Article 35 Patent Granted to an Unentitled Person; Protection of Lawful Holder of the Right 29
Article 36 First-to-File Rule 30
Article 37 Transfer of the Right to Obtain a Patent 30
Article 38 Succession to the Right to Obtain a Patent 31
Article 39 In-Service Inventions 31
Article 40 Remuneration for In-Service Inventions 32
Article 41 Inventions Necessary for National Defense, etc. 33
Article 42 Patent Application 33
Article 43 Abstract 34
Article 44 Joint Applications 34
Article 45 Scope of One Patent Application 35
Article 46 Amendment of Procedure 35
Article 47 Amendment of Patent Application 35
Article 48 Change of Subject Matter 36
Article 49 Amendment of Specification, etc. and Change of Subject Matter 36
Article 50 Deleted 36
Article 51 Rejection of Amendment 37
Article 52 Division of Patent Application 37
Article 53 Dual Application 38
Article 54 Priority Claim under Treaty 39
Article 55 Priority Claim Based on Patent Application, etc.40
Article 56 Withdrawal of Earlier Application, etc. 41
CHAPTER III : Examination
Article 57 Examination by Examiner 42
Article 58 Search of Prior Art, etc. 42
Article 59 Request for Examination of Patent Application 42
Article 60 Procedure for a Request for Examination 43
Article 61 Preferential Examination 43
Article 62 Ruling of Refusal 44
Article 63 Notification of Reasons for Refusal 44
Article 64 Laying Open of Application 44
Article 65 Effects of Laying Open of Application 45
Article 66 Decision to Grant a Patent 45
Article 67 Formalities for Decision 45
Article 68 Mutatis Mutandis Application of Provisions Concerning Trial to Examination 46
Article 69 Opposition to the Grant of a Patent 46
Article 70 Amendment of Grounds for Opposition, etc. 47
Article 71 Collegial Body for Examination and Decision 47
Article 72 Examination Ex Officio in Examination of Opposition 47
Article 73 Consolidation of Oppositions 47
Article 74 Decision on Opposition 48
Article 75 Manner of Decision on Opposition 48
Article 76 Withdrawal of Opposition 49
Article 77 Correction of Patent 49
Article 78 Suspension of Examination or Litigation Proceedings 49
Article 78bis Mutatis Mutandis Application of Provisions Concerning Trials to Opposition 50
CHAPTER IV : Patent Fees and Patent Registrations, etc.
Article 79 Patent Fees 50
Article 80 Payment of Patent Fees by Interested Party 50
Article 81 Late Payment of Patent Fees 50
Article 82 Official Fees 51
Article 83 Reduction or Exemption of Patent Fees or Official Fees 51
Article 84 Refund of Patent Fees, etc. 52
Article 85 Patent Register 52
Article 86 Issuance of Certificate of Patent Registration 53
CHAPTER V : Patent Right
Article 87 Registration of Establishment of Patent Right and Publication of Registration 53
Article 88 Term of Patent Right 54
Article 89 Extension of Term of Patent Right 55
Article 90 Application for Registration of Extension of Term of Patent Right 55
Article 91Ruling of Refusal Against Application for Extension of Term of Patent Right 56
Article 92 Ruling, etc., on Application of Registration for Extending Term of Patent Right 56
Article 93 Mutatis Mutandis Application of Provisions 57
Article 94 Effects of Patent Right 57
Article 95 Effects of Patent Right the Term of Which Has Been Extended 57
Article 96 Limitations on Patent Right 57
Article 97 Scope of Protection of Patented Invention 58
Article 98Relation to Patented Invention, etc. of Another Person 58
Article 99 Assignment and Co-ownership of Patent Right 58
Article 100 Exclusive License 59
Article 101 Effects of Registration of a Patent Right and an Exclusive License 59
Article 102 Non-exclusive License 60
Article 103 Non-exclusive License by Prior Use 60
Article 104 Non-exclusive License Due to Working Prior to Registration of Request for Invalidation Trial 61
Article 105 Non-exclusive License After Expiration of a Design Right 62
Article 106 Expropriation of Patent Right 62
Article 107 Adjudication for Grant of Non-exclusive License 63
Article 108 Submission of Response 64
Article 109 Solicitation of Opinion from the Industrial Property Right Council 64
Article 110 Formality of Adjudication 64
Article 111 Transmittal of Certified Copies of Adjudication 64
Article 112 Deposit of Remuneration 64
Article 113 Lapse of Adjudication 65
Article 114 Cancellation of Adjudication 65
Article 115 Restriction on Reason for Objections to Adjudication 65
Article 116Cancellation of Patent Right 66
Article 117 Establishment of Industrial Property Right Council 66
Article 118 Effects of Registration of Non-exclusive License 66
Article 119 Restriction on Abandonment of Patent Right, etc. 67
Article 120 Effects of Abandonment 67
Article 121 Pledge 67
Article 122 Non-exclusive License Incidental to Transfer of Patent Right By Exercise of a Pledge Right 67
Article 123 Subrogation of Pledge Right 67
Article 124 Extinguishment of Patent Right in Absence of Successor 68
Article 125 Report on Working of Patent 68
CHAPTER VI : Protection of Patentee
Article 126 Injunction, etc., Against Infringement 68
Article 127 Acts Deemed to be Infringement 68
Article 128 Presumption, etc., of Amount of Damage 69
Article 129 Presumption of the Patented Process to Manufacture 69
Article 130 Presumption of Negligence 69
Article 131 Recovery of Reputation of Patentee, etc. 69
Article 132 Submission of Documents 70
CHAPTER VII : Trial
Article 132bis Industrial Property Tribunal 70
Article 132ter Trial Against Ruling of Refusal or Revocation 70
Article 132quater Trial Against Decision to Reject Amendment 70
Article 133 Invalidation Trial of Patent 71
Article 134 Invalidation Trial of Registration for Extension of Term of Patent Right 71
Article 135 Trial to confirm the Scope of a Patent Right 72
Article 136 Trial for Correction 72
Article 137 Trial for Invalidation of Correction 73
Article 138 Trial for Granting Non-exclusive License 74
Article 139 Request for Joint Trial, etc. 74
Article 140 Formal Requirements of Request for Trial 75
Article 140bis Formal Requirements of Request for Trial on Ruling of Refusal, Revocation, or Decision of Rejection of Amendment 76
Article 141 Rejection of Request for Trial 76
Article 142 Rejection of Request for Trial Containing Incurable Defects 76
Article 143 Trial Examiners 77
Article 144 Designation of Trial Examiners 77
Article 145 Presiding Trial Examiner 77
Article 146 Collegial Body for Trial 77
Article 147 Submission of Response, etc. 78
Article 148 Exclusion of Trial Examiner 78
Article 149 Request for Exclusion 78
Article 150 Challenge of Trial Examiner 79
Article 151 Indication of Grounds for Exclusion or Challenge 79
Article 152 Decision on Request for Exclusion or Challenge 79
Article 153 Suspension of Proceedings 79
Article 154 Trial Proceedings, etc. 80
Article 155 Intervention 80
Article 156 Request for Intervention and Decision 81
Article 157 Taking of Evidence and Preservation Thereof 81
Article 158 Continuation of Trial Proceedings 82
Article 159 Ex Officio Trial Examination 82
Article 160 Combination or Separation of Trial or Ruling 82
Article 161 Withdrawal of Request for Trial 82
Article 162 Ruling on Trial 83
Article 163 Res Judicata 84
Article 164 Suspension of Trial or Litigation Proceedings 84
Article 165 Costs of Trial 84
Article 166 Title of Liability of Costs, Remuneration or Compensation 85
Article 167 Deleted 85
Article 168 Deleted 85
Article 169 Deleted 85
Article 170 Mutatis Mutandis Application of Provisions on Examination to Trial against Ruling of Refusal 85
Article 171 Special Provisions on Trial against Ruling of Refusal or Decision of Rejection of Amendment 86
Article 172 Effect of Examination or Opposition Proceedings 86
Article 173 Reexamination Prior to Trial 86
Article 174 Mutatis Mutandis Application of Provision on Examination to Reexamination Prior to Trial 86
Article 175 Termination of Reexamination 87
Article 176 Reversal of Decision and Remand 87
Article 177 Deleted 87
CHAPTER VIII : Trial
Article 178 Request for Retrial 87
Article 179 Request for Retrial on Account of Collusion 88
Article 180 Time Limit for Request for Retrial 88
Article 181 Restriction on Effect of Patent Right Restored by Retrial 88
Article 182 Non-exclusive License for Prior User of Patent Right Restored by Retrial 89
Article 183 Non-exclusive License for Person Deprived of a Non-exclusive License by Retrial 90
Article 184 Mutatis Mutandis Application of Provisions Trial to Retrial 90
Article 185 Mutatis Mutandis Application of Provisions of the Code of Civil Procedure 90
CHAPTER IX : Litigation
Article 186 Action on a Trial Decision, etc. 90
Article 187 Qualification for Defendant 91
Article 188 Notification of Institution of Action and Transmittal of Document 91
Article 188bis Exclusion or Challenge of Technical Hearing Officials 92
Article 189 Revocation of Trial Decision or Ruling 92
Article 190 Action Against Decision on Amount of Compensation or Remuneration 92
Article 191 Defendant in an Action Relating to Compensation or Remuneration 93
CHAPTER X : International Applications under the Patent Cooperation Treaty
Part I. International Application Procedure
Article 192 Persons Capable of International Application 93
Article 193 International Application 93
Article 194 Recognition, etc. of Filing Date of International Application 94
Article 195 Invitation to Amendment 95
Article 196 International Application Considered to have been Withdrawn 95
Article 197 Representative, etc. 96
Article 198 Fees 96
Article 198bis International Search and International Preliminary Examination 97
Part II. Special Provision on International Patent Applications
Article 199 Patent Application Based on International Application 97
Article 200 Special Provision Concerning Presumption of Novelty of Inventions 97
Article 201 Translation of International Patent Application 97
Article 202 Special Provisions on Claim of Priority 99
Article 203 Submission of Document 100
Article 204 Amendment after Receipt of the International Search Report 100
Article 205 Amendment before Establishment of the International Preliminary Examination Report 101
Article 206 Special Provision on Patent Administrator for Nonresidents 101
Article 207 Special Provision on the Time and Effect of Laying-Open of Application 102
Article 208 Special Provision on Amendment 102
Article 209 Restriction on Timing of Dual Application 103
Article 210 Restriction on Time of Request for Examination 104
Article 211 Regulation Concerning Submission of Document Cited in the International Search Report,etc.104
Article 212 Special Provision on Ruling of Revocation 104
Article 213 Special Provision on Invalidation Trial of Patent 104
Article 214 International Application Considered to be a Patent Application by Decision 105
CHAPTER XI : Supplementary Provisions
Article 215 Special Provision for Patent or Patent Right With Two or More Claims 106
Article 216 Inspection of Documents, etc. 106
Article 217 Prohibition of Opening or Removal of Documents Relating to Application, Examination, Opposition, Trial, Retrial or the Patent Register 106
Article 217bis Agency for Computerizing Work of Patent Documents 107
Article 218 Transmittal of Documents 107
Article 219 Service by Public Notification 108
Article 220 Service to Nonresidents 108
Article 221 Patent Gazette 108
Article 222 Submission of Documents, etc. 109
Article 223 Patent Indication 109
Article 224 Prohibition of False Indication 109
Article 224bis Restriction on Objection 109
CHAPTER X¥±: Penal Provisions
Article 225 Offense of Infringement 110
Article 226 Offense of Perjury 110
Article 227 Offense of False Marking 110
Article 228 Offense of Fraud 111
Article 229 Offense of Divulging Secrets 111
Article 229bis Officers and Employees of Computerized Patent Documents Processing Agency as Public Officials; Irrebuttable Presumption 111
Article 230 Joint Liability 111
Article 231 Confiscation, etc. 111
Article 232 Administrative Fine 112
ADDENDUM
Article 1 Date of Entry into Force 113
Article 2 General Transitional Measures 113
Article 3 Application of Disposition of Procedures Related to Filing of Patent Application by Means of Electronic Documents 113
Article 4 Application of Requirements for Patents 113
Article 5 Amendment of Other Laws 114
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