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The Japan Patent Office Cabinet Decision on the Cabinet Order for the Partial Revision of the Order for Enforcement of the Patent Act and the Order for the Patent Act and Other Related Fees

In line with the enforcement of the Act on the Development of the Related Acts along with the Conclusion of the Trans-Pacific Partnership (TPP) Agreement (hereinafter referred to as the “TPP Development Act”), which was established at the 192nd ordinary session of the Diet, Japan will develop necessary provisions concerning the Order for Enforcement of the Patent Act and the Order for the Patent Act and Other Related Fees.

1. Purpose of the TPP Development Act

In line with the conclusion of the TPP Agreement, the TPP Development Act aims to comprehensively and integrally develop the provisions of the related domestic acts, including the partial revision of the Patent Act that covers the development of the system for extending the duration of patent rights and other rules, thereby achieving the goal of appropriate enforcement of the TPP Agreement.

2. Summary of the Cabinet Order approved by the Cabinet

The TPP Development Act is to develop the system for registering the extension of the duration of patent rights in which patent-right holders are eligible for compensation for a part of the lost duration of their patent rights where they have spent certain periods of time before patent right granting of their inventions due to long patent examination or other factors and, as a result of this, they have met with a shorter duration of their patent rights granted to the inventions. Along with this development, the related provisions of the Order for Enforcement of the Patent Act and the Order for the Patent Act and Other Related Fees are to be revised to address the changes in formalities for the system for registering the extension of the duration of patent rights under the Patent Act, e.g., numbering of Articles, and also to stipulate fees payable where applicants intend to file an application for registering the extension of the duration of their patent rights aiming to compensate for the lost duration of such rights.

3. Effective date

The Cabinet Order will come into force on the effective date of the TPP Development Act.

For further details, see the Japanese language news release.

Release date

January 17, 2017

Division in Charge

Legislative Affairs Office, General Coordination Division, Policy Planning and Coordination Department, Japan Patent Office

Ministry of Economy, Trade and Industry1-3-1 Kasumigaseki, Chiyoda-ku, Tokyo 100-8901, Japan Tel: +81-(0)3-3501-1511
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