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Utility Model Act (Act No. 123 of April 13, 1959, as amended up to Act No. 55 of July 10, 2015)

Utility Model Act (Tentative translation)

(Act No. 123 of April 13, 1959)

Table of contents

Chapter I General Provisions (Articles 1 to 2-5)

Chapter II Utility Model Registration and Applications for Utility Model

Registration (Articles 3 to 11)

Chapter III Utility Model Technical Opinion (Articles 12 and 13)

Chapter IV Utility Model Rights

Section 1 Utility Model Rights (Articles 14 to 26)

Section 2 Infringement of Rights (Articles 27 to 30)

Section 3 Registration Fees (Articles 31 to 36)

Chapter V Appeals/Trials (Articles 37 to 41)

Chapter VI Retrial and Lawsuit (Articles 42 to 48-2)

Chapter VII Special Provisions Concerning International Applications under

the Patent Cooperation Treaty (Articles 48-3 to 48-16)

Chapter VIII Miscellaneous Provisions (Articles 49 to 55)

Chapter IX Penal Provisions (Articles 56 to 64)

Supplementary Provisions

Chapter I General Provisions

(Purpose)

Article 1 The purpose of this Act is to encourage devices by promoting the

protection and the utilization of devices with respect to the shape or structure

of an article or to the combination of articles, and thereby to contribute to the

development of industries.

(Definitions)

Article 2 (1) "Device" in this Act shall refer to the creation of technical ideas

utilizing the laws of nature.

(2) "Registered utility model" in this Act shall refer to a device for which a utility

model registration has been granted.

(3) "Working" of a device in this Act shall refer to an act of manufacturing, using,

assigning, leasing, exporting or importing, or offering for assignment or lease

(including an act of displaying an article for the purpose of assignment or lease,

the same shall apply hereinafter) an article relating to the device.

(Amendment of procedures)

Article 2-2 (1) Any person who undertook the procedures with respect to an

application for utility model registration or a request for utility model

registration or other procedures relating to utility model registration

(hereinafter simply referred to as "procedures") may make an amendment

thereto only where the case is pending before the Japan Patent Office; provided,

however, that the person may not make an amendment to the description, the

scope of claims for a utility model registration, drawing(s) or the abstract

attached to the application or a document provided in Article 43, paragraph (1)

of the Patent Act (Act No.121 of 1959) as applied mutatis mutandis pursuant to

Article 8, paragraph (4) or Article 11, paragraph (1) (including the case where

it is applied mutatis mutandis pursuant to Article 43-2, paragraph (2) as

applied mutatis mutandis pursuant to Article 11, paragraph (1) (including the

case where it is applied mutatis mutandis pursuant to Article 43-3, paragraph

(3) of the said Act as applied mutatis mutandis pursuant to Article 11,

paragraph (1)) and Article 43-3, paragraph 3 of the said Act) after a period

specified by an Ordinance of the Ministry of Economy, Trade and Industry has

lapsed.

(2) Any amendment to the description, scope of claims for a utility model

registration or drawings under the provisions of the main clause of paragraph

(1) shall be made within the scope of matters stated in the description, scope of

claims for a utility model registration or drawing(s) originally attached to the

application.

(3) Notwithstanding the provisions of paragraph (1), the corrected description,

scope of claims for a utility model registration or drawing(s) attached to the

written correction with respect to a correction referred to in Article 14-2,

paragraph (1) may not be amended.

(4) The Commissioner of the Patent Office may order the applicant to make an

amendment of procedures, designating a reasonable period, in any of the

following cases:

(i) where the procedures violate the provisions of Articles 7, paragraphs (1) to

(3) or Article 9 of the Patent Act as applied mutatis mutandis pursuant to

Article 2-5, paragraph (2) of this Acts;

(ii) where the procedure violates the formal requirements specified by this Act

or an order based thereon;

(iii) where registration fees payable for the procedures under the provisions of

Article 32, paragraph (1) have not been paid;

(iv) where fees payable for the procedures under the provisions of Article 54,

paragraph (1) or (2) have not been paid;

(5) A written amendment, except in the case of the payment of registration fees

or other fees, shall be submitted to make any amendment to procedures.

(Dismissal of procedures)

Article 2-3 The Commissioner of the Patent Office may dismiss the procedures

where a person ordered to make an amendment thereto under the provisions of

Article 2-2, paragraph (4), Article 6-2 or Article 14-3 fails to make such

amendment within a period designated under the said provisions.

(Capacity of associations, etc. which are not juridical persons to undertake

procedures)

Article 2-4 (1) An association or foundation which is not a juridical person but

for which a representative or an administrator has been appointed may, in its

name, undertake any of the following procedures:

(i) file a request for utility model technical opinion provided in Article 12,

paragraph (1);

(ii) file a request for trial/; or

(iii) file a request for retrial against the final and binding trial decision.

(2) An association or foundation which is not a juridical person but for which a

representative or an administrator has been appointed may, in its name,

receive a request for retrial against the final and binding trial decision.

(Application mutatis mutandis of the Patent Act)

Article 2-5 (1) The provisions of Articles 3 and 5 of the Patent Act shall apply

mutatis mutandis to the periods and dates provided in this Act.

(2) The provisions of Articles 7 to 9, 11 to 16 and 18-2 to 24 of the Patent Act

shall apply mutatis mutandis to procedures.

(3) The provisions of Article 25 of the Patent Act shall apply mutatis mutandis to

utility model rights and other rights relating to utility model registrations.

(4) The provisions of Article 26 of the Patent Act shall apply mutatis mutandis to

utility model registrations.

Chapter II Utility Model Registration and Applications for Utility Model

Registration

(Requirements for utility model registration)

Article 3 (1) A person who created a device that relates to the shape or structure

of an article or a combination of articles and is industrially applicable may be

entitled to obtain a utility model registration for the said device, except the

following devices:

(i) the device was publicly known in Japan or a foreign country, prior to the

filing of the application for utility model registration;

(ii) the device was publicly worked in Japan or a foreign country, prior to the

filing of the application for utility model registration; or

(iii) the device described in a distributed publication, or a device that was made

publicly available through electric telecommunication lines in Japan or a

foreign country, prior to the filing of the application for utility model

registration.

(2) Where, prior to the filing of the application for utility model registration, a

person ordinarily skilled in the art of the device would have easily created the

device based on any device listed in any of the items of the preceding

paragraph, a utility model registration shall not be granted for such device

notwithstanding the provisions of the preceding paragraph.

Article 3-2 Where a device claimed in an application for utility model

registration is identical with a device or invention (in the case where a person

who created the device or invention is identical with the creator of the device

claimed in the said application for utility model registration, excluding the

device or invention) stated in the description, scope of claims for a utility model

registration or scope of claims for a patent or drawings (in the case of the

written application in foreign language referred to in Article 36-2, paragraph

(2) of the Patent Act, the document in foreign language referred to in Article

36-2, paragraph (1)) originally attached to the application of another

application for utility model registration or for patent which has been filed

prior to the filing date of the said application for utility model registration and

published after the filing of the said application for utility model registration

in the utility model gazette under the provisions of Article 14, paragraph (3)

(hereinafter the "Utility Model Gazette") or in the patent gazette under the

provisions of Article 66, paragraph (3) of the Patent Act stating matters listed

in each of the items of the respective paragraph or for which the publication of

the patent application has been effected, a utility model registration shall not

be granted for such device notwithstanding the provisions of paragraph (1) of

the preceding Article; provided, however, that this shall not apply where, at

the time of the filing of the said application for utility model registration, the

applicant of the said application and the applicant of the other application for

utility model registration or for patent are the same person.

(Unregistrable devices)

Article 4 Notwithstanding the provisions of Article 3, paragraph (1), any device

that is liable to injure public order, morality or public health shall not be

registered as a utility model.

(Provisional non-exclusive licenses)

Article 4-2 (1) Any person who holds the right to obtain a utility model

registration may grant a provisional non-exclusive license for the utility model

right to be obtained based on the right to obtain a utility model registration to

any third party within the scope of the matters stated in the description, scope

of claims for a utility model registration or drawings originally attached to the

application of the application for the utility model registration.

(2) Where the establishment of a utility model right has been registered for an

application for utility model registration with respect to a provisional non-

exclusive license under the provisions of the preceding paragraph, a non-

exclusive license shall be deemed to have been granted for the utility model

right to a person who holds the said provisional non-exclusive license within

the scope specified by the contract granting the said provisional non-exclusive

license.

(3) The provisions of Article 33, paragraphs (2) and (3), Article 34-3, paragraphs

(4) to (6) and (8) to (10) and Article 34-5 of the Patent Act shall apply mutatis

mutandis to provisional non-exclusive licenses. In this case, the terms "Article

46, paragraph (1) with regard to an application for utility model registration

pertaining to a provisional non-exclusive license under the provisions of Article

4-2, paragraph (1) of the Utility Model Act" in Article 34-3, paragraph (8) of the

said act and "Article 46, paragraph (2)" in paragraph (9) of the said article

shall be deemed to be replaced with "Article 10, paragraph (1) of the Utility

Model Act with regard to a patent application pertaining to a provisional non-

exclusive license under the provisions of Article 34-3, paragraph (1) or Article

34-2, paragraph (4)" and "Article 10, paragraph (2) of the Utility Model Act",

respectively.

(Applications for Utility Model Registration)

Article 5 (1) Any person who intends to obtain a utility model registration shall

submit an application to the Commissioner of the Patent Office stating the

following matters:

(i) the name and address or residence of the applicant(s) of utility model

registration; and

(ii) the name and address or residence of the creator(s) of the device.

(2) The description, scope of claims for a utility model registration, drawing(s)

and abstract shall be attached to the application.

(3) The description referred to in the preceding paragraph shall state the

following matters:

(i) the title of the device;

(ii) a brief explanation of the drawing(s); and

(iii) a detailed explanation of the device.

(4) The detailed explanation of the device referred to in item (iii) of the preceding

paragraph shall be stated clearly and sufficiently so as to enable a person

ordinarily skilled in the art to which the device belongs to work the device as

specified by an Ordinance of the Ministry of Economy, Trade and Industry.

(5) The scope of claims for a utility model registration referred to in paragraph

(2) shall divide claims and state for each claim all matters deemed to be

necessary to identify the device for which the applicant intends to obtain a

utility model registration. This shall not preclude the applicant from stating

the same description for a device claimed in another claim as that for a device

claimed in one claim.

(6) The description of the scope of claims for a utility model registration referred

to in paragraph (2) shall comply with each of the following items:

(i) the device for which a utility model registration is sought is stated in the

detailed explanation of the device;

(ii) the device for which a utility model is sought is clear;

(iii) the statement for each claim is concise; and

(iv) the description is stated as specified by an ordinance of the Ministry of

Economy, Trade and Industry.

(7) The abstract referred to in paragraph (2) shall state a summary of the device

stated in the description, scope of claims for a utility model registration or

drawing(s), and any other matters specified by an ordinance of the Ministry of

Economy, Trade and Industry.

Article 6 A single application for utility model registration may be filed for two

or more devices provided that these devices fall under a group of devices

recognized as fulfilling the requirements of unity of device based on their

technical relationship specified by an Ordinance of the Ministry of Economy,

Trade and Industry.

(Order to amend)

Article 6-2 The Commissioner of the Patent Office may order the applicant to

make an amendment to the description, scope of claims for a utility model

registration or drawing(s) attached to the application, designating a reasonable

period, if the application for utility model registration falls under any of the

following items:

(i) where the device claimed in the application for utility model registration

does not pertain to the shape or structure of an article or the combination of

articles;

(ii) where the device claimed in the application for utility model registration is

not registrable under the provisions of Article 4;

(iii) where the application for utility model registration does not satisfy the

requirement provided in Article 5, paragraph (6), item (iv) or in the

preceding Article; or

(iv) where the description, scope of claims for a utility model registration or

drawing(s) attached to the application does not state all of the necessary

matters or is extremely unclear.

(Prior Application)

Article 7 (1) Where two or more applications for a utility model registration have

been filed with regard to the same device on different dates, only the applicant

who filed the application on the earliest date shall be entitled to obtain a

utility model registration for the device claimed.

(2) Where two or more applications for utility model registration have been filed

with regard to the same device on the same date, none of the applicants shall

be entitled to obtain a utility model registration for the device claimed.

(3) Where a device claimed in an application for utility model registration and an

invention claimed in an application for patent are identical and the

applications for utility model registration and for patent are filed on different

dates, the applicant for utility model registration may be entitled to obtain a

utility model registration for the device claimed therein, only if the application

for utility model registration is filed prior to the application for patent.

(4) Where an application for utility model registration or an application for

patent has been waived, withdrawn or dismissed, the application for utility

model registration or the application for patent shall, for the purpose of

paragraphs (1) to (3), be deemed never to have been filed from the beginning.

(5) Where the examiner's decision or trial decision to the effect that a patent

application is to be refused has become final and binding, the patent

application shall, for the purpose of paragraph (3), be deemed never to have

been filed from the beginning; provided, however, that this shall not apply to

the case where the examiner's decision or trial decision to the effect that the

patent application is to be refused has become final and binding on the ground

that the latter sentence of Article 39, paragraph (2) of the Patent Act is

applicable to the said patent application.

(6) Where no agreement is reached by consultations made under Article 39,

paragraph (4) of the Patent Act or such consultations are unable to be held, the

applicant for utility model registration shall not be entitled to obtain a utility

model registration for the device claimed.

(Claim of priority based on an application for utility registration, etc.)

Article 8 (1) A person who intends to obtain a utility model registration may

claim priority for a device claimed in the application for utility model

registration, based on a device stated in the description or scope of claims for a

utility model registration or patent claim, or drawings (in the case where the

earlier application was a written application in foreign language referred to in

Article 36-2, paragraph (2) of the Patent Act, the document in foreign language

referred to in paragraph (1) of the said Article) originally attached to the

application of an earlier application filed for a utility model registration or

patent over which the said person holds the right to obtain (hereinafter

referred to as "earlier application"), except in the following cases: provided

however, that if there is any person who holds a provisional exclusive license

with regard to the earlier application, priority may be claimed only where the

consent of the person is obtained at the time of filing the said application for

utility model registration:

(i) where the said application for utility model registration is not filed within

one year from the date of filing of the earlier application (excluding the case

where there are justifiable grounds for the failure to file the application for

utility model registration within 1 year from the date of filing and it was

filed within a period specified by an ordinance of the Ministry of Economy,

Trade and Industry);

(ii) where the earlier application is a new divisional application for utility

model registration with respect to an application for utility model

registration under the provisions of Article 44, paragraph (1) of the Patent

Act as applied mutatis mutandis pursuant to Article 11, paragraph (1), an

application for utility model registration with respect to an application for

utility model registration under Article 10, paragraph (1) or (2), or a new

divisional patent application with respect to a patent application under

Article 44, paragraph (1) of the Patent Act, a patent application with respect

to a patent application under Article 46, paragraph (1) or (2) of the Patent

Act or a patent application based on a utility model registration under the

provisions of Article 46-2, paragraph (1) of the Patent Act;

(iii) where, at the time of filing the said application for utility model

registration, the earlier application had been waived, withdrawn or

dismissed;

(iv) where, at the time of filing the said application for utility model

registration, the examiner's decision or the trial decision on the earlier

application had become final and binding; and

(v) where, at the time of filing the said application for utility model

registration, the establishing of a utility model right provided in Article 14,

paragraph (2) had been registered with regard to the earlier application.

(2) Among devices claimed in an application for utility model registration

containing a claim of priority under the provisions of paragraph (1), for those

that are stated in the description, scope of claims for a utility model

registration or patent or drawings (in the case where the earlier application

was an application written in foreign language referred to in Article 36-2,

paragraph (2) of the Patent Act, the document in foreign language referred to

in paragraph (1) of the said Article) originally attached to the application of

the earlier application on which the claim of priority is based (in the case

where the earlier application contains a claim of priority under the provisions

of the preceding paragraph or Article 41, paragraph (1) of the Patent Act

(including the case where it is applied mutatis mutandis pursuant to Article

43-3, paragraph (3) of the said Act), or Article 43, paragraph (1) or 43-2,

paragraph (1) or (2) of the Patent Act (including the case where these

provisions apply mutatis mutandis pursuant to Article 11, paragraph (1) of

said Act), excluding any device stated in any documents (limited to those

equivalent to the description, scope of claims for a utility model registration or

patent or drawings) submitted at the time of the filing of the application on

which the claim of priority in the earlier application is based), the said

application for utility model registration shall be deemed to have been filed at

the time when the earlier application was filed with respect to the application

of the provisions of Article 3, the main clause of Article 3-2, Article 7,

paragraphs (1) to (3), Article 30, paragraphs (1) and (2) of the Patent Act as

applied mutatis mutandis pursuant to Article 11, paragraph (1), Article 17,

Articles 69, paragraph (2), item (ii) as applied mutatis mutandis pursuant to

Article 26, Articles 79 and 81, Article 82, paragraph (1), and Articles 39,

paragraphs (3) and (4) and Article 72 of the Patent Act, Article 26, Article 31,

paragraph (2) and Article 32, paragraph (2) of the Design Act (Act No. 125 of

1959), Article 29, Article 33-2, paragraph (3) and Article 33-3, paragraph (3) of

the Trademark Act (Act No. 127 of 1959) (including the case where these

provisions apply mutatis mutandis pursuant to Article 68, paragraph (3) of the

Trademark Act) of the Trademark Act.

(3) Among devices stated in the description, scope of claims for a utility model

registration or drawings originally attached to the application in an application

for utility model registration containing a claim of priority under the

provisions of paragraph (1), for those that are stated in the description, scope

of claims for a utility model registration or claims or drawings (in the case

where the earlier application was an application written in foreign language

referred to in Article 36-2, paragraph (2) of the Patent Act, the document in

foreign language referred to in paragraph (1) of the said Article) originally

attached to the application of the earlier application on which the claim of

priority is based (in the case where the said earlier application contains a

claim of priority under the provisions of the preceding paragraph or Article 41,

paragraph (1) of the Patent Act, Article 43-2, paragraph 1 (including the case

where it is applied mutatis mutandis pursuant to Article 43-3, paragraph (3) of

the said Act) or Article 43-3, paragraph (1) or (2) of the Patent Act (including

the case where these provisions apply mutatis mutandis under Article 11,

paragraph (1) of this Act), excluding any device stated in any documents

(limited to those equivalent to the description, scope of claims for a utility

model registration or patent or drawings) submitted at the time of the filing of

the application on which the claim of priority in the earlier application is

based), the Utility Model Gazette with regard to the earlier application or the

publication of the earlier application shall be deemed to have been issued or

effected at the time when the Utility Model Gazette with regard to the said

application for utility model registration was issued so as to apply the

provisions of the main clause of Article 3-2 of the Utility Model Act or Article

29-2 of the Patent Act.

(4) A person who intends to claim a priority under the provisions of paragraph (1)

shall submit to the Commissioner of the Patent Office a document stating the

effect thereof and the indication of the earlier application within a period

specified by an ordinance of the Ministry of Economy, Trade and Industry.

(Withdrawal of earlier application, etc.)

Article 9 (1) An earlier application on which a claim of priority is based under

the provisions of Article 8, paragraph (1) shall be deemed to have been

withdrawn when a period specified by an ordinance of the Ministry of Economy,

Trade and Industry has lapsed from the filing date of the said earlier

application; provided, however, that this shall not apply to the case where an

earlier application has been waived, withdrawn or dismissed, where the

examiner's decision or trial decision on the said earlier application has become

final and binding with regard to the said application, where the establishment

of the said earlier application provided in Article 14, paragraph (2) has been

registered or where all of the claims of priority based on the said earlier

application have been withdrawn.

(2) The applicant for utility model registration containing a claim of priority

under the provisions of Article 8, paragraph (1) may not withdraw the claim of

priority after a period specified by an ordinance of the Ministry of Economy,

Trade and Industry has lapsed from the filing date of the earlier application.

(3) Where an application for utility model registration containing a claim of

priority under the provisions of Article 8, paragraph (1) is withdrawn within a

period specified by an ordinance of the Ministry of Economy, Trade and

Industry from the filing date of the earlier application, the said claim of

priority shall be deemed to have been withdrawn simultaneously.

(Conversion of application)

Article 10 (1) An applicant for patent may convert his/her patent application

(excluding patent applications filed based on a utility model registration under

the provisions of Article 46-2, paragraph (1) of the Patent Act (including patent

applications deemed to have been filed at the time of the filing of the original

patent application under the provisions of Article 44, paragraph (2) of the said

Act (including the case where it is applied mutatis mutandis pursuant to

Article 46, paragraph (6) of the said Act))) into an application for utility model

registration; provided, however, that this shall not apply after three months

from the date on which the certified copy of the examiner's initial decision to

the effect that the patent application is to be refused was served or nine years

and six months from the filing date of the patent application have lapsed.

(2) An applicant for design registration may convert his/her application for

design registration (excluding applications for a design registration deemed,

under the provisions of Article 10-2, paragraph (2) of the Design Act as applied

mutatis mutandis pursuant to Article 13, paragraph (6) of the Design Act, to

have been filed at the time of the original patent application which was filed

based on an application for utility model registration under the provisions of

Article 46-2, paragraph (1) of the Patent Act (including applications for design

registration deemed to have been filed at the time of the filing of the original

application for design registration under the provisions of Article 10-2,

paragraph (2) of the Design Act)) into an application for utility model

registration; provided, however, that this shall not apply after three months

from the date the certified copy of the examiner's initial decision to the effect

that the application for design registration is to be refused has been served or

nine years and six months from the filing date of the application for design

registration have lapsed.

(3) Where an application is converted under the provisions of the preceding two

paragraphs, the application for utility model registration shall be deemed to

have been filed at the time of the filing of the patent application or the

application for design registration; provided, however, that this shall not apply

for the purposes of the application of the provisions of Article 3-2 of this Act or

Article 29-2 of the Patent Act where the application for utility model

registration falls under another application for utility model registration

provided in Article 3-2 of this Act or an application for utility model

registration provided in Article 29-2 of the Patent Act, and the application of

the provisions of Article 30, paragraph (3) of the Patent Act as applied mutatis

mutandis pursuant to Article 11, paragraph (1).

(4) Where an application is converted under the provisions of paragraph (1) or (2),

for the purpose of the application of the provisions of Article 43, paragraph (2)

of the Patent Act as applied mutatis mutandis pursuant to Article 11,

paragraph (1) (including the case where it is applied mutatis mutandis under

Article 43-2, paragraph (2) of the Patent Act as applied mutatis mutandis

pursuant to Article 11, paragraph (1) (including the case where it is applied

mutatis mutandis pursuant to Article 43-3, paragraph (3) of the said Act as

applied mutatis mutandis pursuant to Article 11, paragraph (1)) and Article

43-3, paragraph (3)), the term "within one year and four months from the

earliest of the following dates" in Article 43, paragraph (2) shall be replaced

with "within one year and four months from the earliest of the following dates

or three months from the filing date of the application for utility model

registration with respect to the conversion of an application under the

provisions of Article 10, paragraph (1) or (2) of the Utility Model Act,

whichever comes later."

(5) Where an application is converted under the provisions of paragraph (1) or (2),

the patent application or the application for design registration shall be

deemed to have been withdrawn.

(6) Where the period provided in Article 121, paragraph (1) of the Patent Act is

extended under the provisions of Article 4 of the said Act, the three-month

period provided in the proviso to paragraph (1) shall be deemed to have been

extended only for that extended period.

(7) Where the period provided in Article 46, paragraph (1) of the Design Act is

extended under the provisions of Article 4 of the Patent Act as applied mutatis

mutandis pursuant to Article 68, paragraph (1) of the Design Act, the three-

month period provided in the proviso to paragraph (2) shall be deemed to have

been extended only for that extended period.

(8) Where an application is converted as provided in paragraph (1), any

statements or documents which have been submitted with regard to the

original patent application and are required to be submitted with regard to a

new application for utility model registration under the provisions of Article 8,

paragraph (4) of this Act or Article 30, paragraph (3) or Article 43, paragraphs

(1) and (2) of the Patent Act as applied mutatis mutandis pursuant to Article

11, paragraph (1) (including the case where these provisions apply mutatis

mutandis pursuant to Article 43-2, paragraph (2) of the Patent Act as applied

mutatis mutandis pursuant to Article 11, paragraph (1) (including the case

where it is applied mutatis mutandis pursuant to Article 43-3, paragraph 3 of

the Patent Act as applied mutatis mutandis pursuant to Article 11, paragraph

1) and Article 43-3, paragraph 3) shall be deemed to have been submitted to

the Commissioner of the Patent Office simultaneously along with the new

application for utility model application.

(9) An applicant for patent, where there is a person who holds a provisional

exclusive license to the said patent application, may convert the patent

application pursuant to the provisions of paragraph (1), only in the case where

the consent of the said person is obtained.

(10) The provisions of paragraph (8) shall apply mutatis mutandis to the

conversion of an application under the provisions of paragraph (2).

(Application mutatis mutandis of the Patent Act)

Article 11 (1) The provisions of Articles 30 (exception to lack of novelty of

invention), 38 (joint applications) and 43 to 44 (procedures for claim of priority

under the Paris Convention and division of patent applications) of the Patent

Act shall apply mutatis mutandis to applications for utility model registration.

(2) The provisions of Article 33 and Article 34, paragraphs (1), (2) and (4) to (7)

(right to obtain a patent) of the Patent Act shall apply mutatis mutandis to the

right to obtain a utility model registration.

(3) The provisions of Article 35 (excluding the part with respect to provisional

exclusive licenses) (Employee's Invention) of the Patent Act shall apply mutatis

mutandis to devices created by employees, officers of juridical persons, or

national or local public officers.

Chapter III Utility Model Technical Opinion

(Request for utility model technical opinion)

Article 12 (1) With regard to an application for utility model registration or a

utility model registration, any person may file with the Commissioner of the

Patent Office a request for technical opinion as to the device claimed in the

application or to the registered utility model in the light of the provisions of

Article 3, paragraph (1), item (iii) and Article 3, paragraph (2) (limited to its

application based on the device stated in Article 3, paragraph (1), item (iii)),

Article 3-2, and Article 7, paragraphs (1) to (3) and (6) (hereinafter referred to

as "utility model technical opinion"). In this case, in respect of applications or

registered utility models that contain two or more claims, such a request may

be filed for each claim.

(2) A request under the provisions of the preceding paragraph may be filed even

after the utility model right is extinguished; provided, however, that this shall

not apply after the utility model right has been invalidated in an invalidation

trial of utility model registration.

(3) Notwithstanding the preceding two paragraphs, a request under the

provisions of paragraph (1) shall not be made after a patent application based

on the utility model registration is filed under the provisions of Article 46-2,

paragraph (1) of the Patent Act.

(4) Where a request under the provisions of paragraph (1) is filed, the

Commissioner of the Patent Office shall direct an examiner to prepare a

written report containing utility model technical opinion (hereinafter referred

to as a "Technical Report of Utility Model Expert Opinion").

(5) The provisions of Article 47, paragraph (2) of the Patent Act shall apply

mutatis mutandis to the preparation of the Technical Reports of Expert

Opinion on Registrability of Utility Models.

(6) A request under the provisions of paragraph (1) may not be withdrawn.

(7) Where, a request under the provisions of paragraph (1) was filed by a person

who is neither the applicant for utility model registration nor the holder of

utility model right, and then, a patent application under the provisions of

Article 46-2, paragraph (1) of the Patent Act is filed based on the utility model

registration with respect to which the request under the provisions of

paragraph (1) was filed (including the utility model registration with respect to

the application for utility model registration in the case where a request under

the provisions of paragraph (1) was filed with regard thereto), the request shall

be deemed not to have been filed. In this case, the Commissioner of the Patent

Office shall notify thereof to the person who filed the request.

Article 13 (1) When a request for utility model technical opinion is filed prior to

issuance of the utility model gazette, the Commissioner of the Patent Office

shall publish the effect thereof in the utility model gazette either at the time of

issuance of the said utility model gazette or thereafter without delay, and

when such a request is filed after issuance of the utility model gazette, without

delay after issuance of the utility model gazette.

(2) Where a request for utility model technical opinion is filed by a person who is

neither the applicant for utility model registration nor the holder of utility

model right, the Commissioner of the Patent Office shall notify the applicant

for utility model registration or the holder of utility model right thereof.

(3) Where the Technical Reports of Expert Opinion on Registrability of Utility

Models is prepared, the Commissioner of the Patent Office shall serve its

certified copy, in the case where the person who filed the request is either the

applicant for utility model registration or the holder of utility model right, to

the person, and in the case where the person who filed the request is neither

the applicant for utility model registration nor the holder of utility model right,

to the person and the applicant or the holder.

Chapter IV Utility Model Rights

Section 1 Utility Model Rights

(Registration of establishment of utility model right)

Article 14 (1) A utility model right shall become effective upon registration of its

establishment.

(2) Where an application for utility model registration has been filed, the

establishment of a utility model right shall be registered, unless the

application has been waived, withdrawn or dismissed.

(3) Where the registration referred to in the preceding paragraph has been

effected, the following matters shall be stated in a utility model gazette.

(i) the name and the address or residence of the holder(s) of utility model right;

(ii) the number and the filing date of the application for utility model

registration;

(iii) the name and the address or residence of the creator(s) of the device;

(iv) the matters stated in the description and scope of claims for a utility model

registration attached to the application and the contents of the drawings

attached to the said application;

(v) the matters stated in the abstract attached to the application;

(vi) the registration number and the date of registration of establishment; and

(vii) other necessary matters in addition to what is listed in the preceding

items.

(4) The provisions of Article 64, paragraph (3) of the Patent Act shall apply

mutatis mutandis where the matters stated in the abstract referred to in item

(v) of the preceding paragraph are published in the utility model gazette under

the provisions of the preceding paragraph.

(Correction of the description, scope of claims for a utility model registration or

drawings)

Article 14-2 (1) Except in the following cases, a holder of utility model right may

correct the description, scope of claims for a utility model registration or

drawings attached to the application only once.

(i) where two months have lapsed from the date on which the first Technical

Reports of Expert Opinion on Registrability of Utility Models was served

under the provisions of Article 13, paragraph (3); and

(ii) where the period initially designated under the provisions of Article 39,

paragraph (1) for an invalidation trial of utility model registration has

lapsed.

(2) Any correction made under the preceding paragraph shall be limited to those

for the following purposes:

(i) restriction of the scope of claims;

(ii) correction of errors;

(iii) clarification of an ambiguous statement; and

(iv) rewriting the statement of claims which cite the statement of another

claim in a way it does not cite the statement of the said another claim.

(3) Any correction referred to in paragraph (1) shall be made within the scope of

the matters stated in the description, scope of claims for a utility model

registration or drawings attached to the application (in the case of any

correction for the purpose of item (ii) of the preceding paragraph, the

description, scope of claims for a utility model registration or drawings

originally attached to the application).

(4) Any correction referred to in paragraph (1) shall not substantially enlarge or

alter the scope of claims for a utility model registration.

(5) The provisions of Article 4 of the Patent Act shall apply mutatis mutandis to

the period provided in paragraph (1), item (i).

(6) Notwithstanding the provisions of item (i) of paragraph (1), where, due to

reasons beyond the control of the person who makes a correction referred to in

paragraph (1), the person is unable to make the correction within the period

provided in the said item, the person may make the correction within 14 days

(where the applicant is an overseas resident, within two months) from the date

on which the reasons ceased to exist, but not later than six months after the

said period lapsed.

(7) In addition to the case where any correction referred to in paragraph (1) is

made, a holder of utility model right may correct the description, scope of

claims for a utility model registration or drawings attached to the application

as far as such a correction is made for the purpose of deleting a claim or

claims; provided, however, that where an invalidation trial of the utility model

registration is pending before the Japan Patent Office, the description, scope of

claims for a utility model registration or drawings attached to the application

may not be corrected after a notice is given under the provisions of Article 156,

paragraph (1) of the Patent Act as applied mutatis mutandis pursuant to

Article 41 (in the case where the proceedings have been resumed under the

provisions of Article 156, paragraph (3) of the Patent Act, after further notice

is given under the provisions of Article 156, paragraph (1) of the Patent Act).

(8) Any correction referred to in paragraph (1) or (7) may be made even after a

utility model right is extinguished; provided, however, that this shall not apply

after the utility model registration has been invalidated in a invalidation trial

of the utility model registration.

(9) For any correction referred to in paragraph (1) or (7), a written correction

shall be submitted.

(10) For any correction referred to in paragraph (1), the corrected description,

scope of claims for a utility model registration or drawings shall be attached to

the written correction.

(11) Where any correction has been made under paragraph (1) or (7), the filing of

the application for utility model registration and the registration of

establishment of the utility model right shall be deemed to have been made

based on the corrected description, scope of claims for the utility model

registration or drawings.

(12) Where any correction has been made under paragraph (1) or (7), the matters

stated in the corrected description and scope of claims for a utility model

registration and the contents of the corrected drawings shall be published in

the utility model gazette in the case of any correction made under paragraph

(1), and the effect thereof shall be published in the utility model gazette in the

case of any correction made under paragraph (7).

(13) The provisions of Article 127 and Article 132, paragraph (3) of the Patent

Act shall apply mutatis mutandis to the cases of paragraphs (1) and (7).

(Order to amend with respect to correction)

Article 14-3 Where a written correction (limited to a correction referred to

paragraph (1) of the preceding Article) has been submitted and any matter

stated in the corrected description, scope of claims for a utility model

registration or drawings attached to the written correction falls under any of

the following items, the Commissioner of the Patent Office may order to make

an amendment of the corrected description, scope of claims for a utility model

registration or drawings attached to the written correction, designating a

reasonable period:

(i) where the device identified by the matters stated in the corrected scope of

claims for a utility model registration attached to the written correction does

not pertain to the shape or structure of an article or combination of articles;

(ii) where the device identified by the matters stated in the corrected scope of

claims for a utility model registration attached to the written correction is

not registrable as a utility model under the provisions of Article 4;

(iii) where the statement of the corrected description, scope of claims for a

utility model registration or drawings attached to the written correction does

not satisfy the requirement provided in Article 5, paragraph (6), item (iv) or

Article 6; or

(iv) where the corrected description, scope of claims for a utility model

registration or drawings attached to the written correction does not state all

the necessary matters or is extremely unclear.

(Duration of utility model right)

Article 15 The duration of a utility model right shall expire after ten years from

the filing date of the application for utility model registration lapse.

(Effect of utility model right)

Article 16 A holder of utility model right shall have the exclusive right to work

the registered utility model as a business; provided, however, that, where an

exclusive license with regard to the utility model right is established, this shall

not apply to the extent that the exclusive licensee is permitted to exclusively

work the registered utility model.

(Relationship with registered utility model held by others)

Article 17 Where a registered utility model uses another person's registered

utility model, patented invention, or registered design or any design similar

thereto for which an application was filed prior to the filing date of the

application for utility model registration, or where the utility model right is in

conflict with another person's design right or trademark right with respect to

an application filed prior to the filing date of the application for utility model

registration, the holder of utility model right, exclusive licensee or non-

exclusive licensees may not work the registered utility model as a business.

(Special provisions for transfer of utility model right)

Article 17-2 (1) Where a utility model registration falls under the requirements

provided in Article 37, paragraph (1), item (ii) (limited to the case where the

utility model registration is obtained in violation of the provisions of Article 38

of the Patent Act as applied mutatis mutandis pursuant to Article 11,

paragraph (1)) or the requirements provided in Article 37, paragraph (1), item

(v), a person who holds the right to obtain a utility model registration with

regard to the device to which the said utility model registration pertain may

request the holder of the utility model right to transfer the right as specified by

an ordinance of the Ministry of Economy, Trade and Industry.

(2) Where the transfer of a utility model right has been registered based on a

request made under the provisions of the preceding paragraph, the utility

model right shall be deemed to have belonged to a person who has obtained the

said registration from the beginning.

(3) The provisions of Article 73, paragraph (1) of the Patent Act as applied

mutatis mutandis pursuant to Article 26 shall not apply where the share of a

jointly owned utility model right is transferred based on a request made under

the provisions of paragraph (1).

(Exclusive license)

Article 18 (1) A holder of utility model right may establish an exclusive license

for his/her utility model right.

(2) An exclusive licensee shall hold an exclusive right to work the registered

utility model as a business within the scope specified by the act of establishing

the license.

(3) The provisions of Articles 77, paragraphs (3) to (5) (transfer, etc.), Article 97,

paragraph (2) (waiver) and Article 98, paragraph (1), item (ii) and paragraph

(2) (effect of registration) of the Patent Act shall apply mutatis mutandis to

exclusive licenses.

(Non-exclusive license)

Article 19 (1) A holder of utility model right may grant a non-exclusive license

for his/her utility model to any third party.

(2) A non-exclusive licensee shall hold a right to work the registered utility model

as a business within the scope specified by the provisions of this Act or by the

act of establishing the license.

(3) The provisions of Articles 73, paragraph (1) (joint ownership), Article 97,

paragraph (3) (waiver) and Article 99 (perfection of non-exclusive license) of

the Patent Act shall apply mutatis mutandis to non-exclusive licenses.

(Non-exclusive license due to the working prior to the registration of the

request for invalidation trial)

Article 20 (1) A person who falls under any of the following items and is

conducting a business working an invention in Japan or is making

preparations for such a business, before the registration of a request for

invalidation trial for patent referred to in Article 123, paragraph (1) of the

Patent Act (hereinafter in this paragraph simply referred to as "invalidation

trial for patent"), without the knowledge that the patent falls under the

requirements provided in any of the items of Article 123, paragraph (1) of the

Patent Act, shall hold a non-exclusive license with regard to the utility model

right or the exclusive license existing at the time of the invalidation of the

patent, but only within the scope of the invention and the purpose of such a

business being worked or prepared:

(i) the original patentee in the case where a device to which a utility model

registration has been granted and his/her patented invention are identical

and his/her patent has been invalidated;

(ii) the original patentee in the case where, after his/her patent has been

invalidated, a utility model registration is granted to the person who is

legitimately entitled to obtain a utility model registration for a device which

is identical to his/her invention; and

(iii) in the cases referred to in items (i) and (ii), a person who, at the time of

the registration of the request for invalidation trial for patent, held an

exclusive license with respect to the patent with respect to the invalidated

patent, or a non-exclusive license with regard to the patent right or exclusive

license.

(2) A holder of utility model right or an exclusive licensee shall have the right to

receive reasonable compensation from the non-exclusive licensee under the

provisions of the preceding paragraph.

(Ruling establishing non-exclusive license where registered utility model is not

worked)

Article 21 (1) Where a registered utility model is not appropriately and

continuously worked for three years or longer in Japan, a person who intends

to work the registered utility model may request the holder of utility model

right or the exclusive licensee to hold consultations to discuss the granting of a

non-exclusive license; provided, however, that this shall not apply unless four

years have lapsed from the filing date of the application of the utility model

registration on the registered utility model.

(2) Where no agreement is reached by consultations or no consultations are able

to be held as referred to in the preceding paragraph, a person who intends to

work the registered utility model may request the Commissioner of the Patent

Office for a ruling.

(3) The provisions of Articles 84 to 91-2 (procedures, etc. for ruling) of the Patent

Act shall apply mutatis mutandis to the ruling referred to in the preceding

paragraph.

(Ruling establishing non-exclusive license to work own registered utility

model)

Article 22 (1) Where a registered utility model falls under any of the cases

provided in Article 17, the holder of utility model right or the exclusive licensee

may request the other person referred to in the said Article to hold

consultations to discuss the granting of a non-exclusive license to work the

registered utility model or a non-exclusive license with regard to the patent

right or the design right.

(2) The other person referred to in Article 17 who is requested to hold

consultations referred to in the preceding paragraph may request the holder of

utility model right or the exclusive licensee who requested such consultations

to hold consultations to discuss the granting of a non-exclusive license within

the scope of the registered utility model which the said holder or exclusive

licensee intends to work upon grant of a non-exclusive license with regard to

the utility model right, the patent right or the design right granted through

consultations.

(3) Where no agreement is reached by consultations or no consultations are able

to be held as referred to in paragraph (1), the holder of utility model right or

the exclusive licensee may request the Commissioner of the Patent Office for a

ruling.

(4) Where no agreement is reached by consultations or no consultations are able

to be held as referred to in paragraph (2) and where a request for ruling is filed

as referred to in the preceding paragraph, the other person referred to in

Article 17 may request the Commissioner of the Patent Office for a ruling only

within a period for the submission of a written reply by the said other person

designated by the Commissioner of the Patent Office under the provisions of

Article 84 of the Patent Act as applied mutatis mutandis pursuant to

paragraph (7).

(5) In the case of paragraph (3) or (4), the Commissioner of the Patent Office

shall not render a ruling to the effect that a non-exclusive license is to be

established where the establishment of the non-exclusive license will be

unreasonably prejudicial to the interests of the other person referred to in

Article 17, the holder of utility model right or the exclusive licensee.

(6) In the case of paragraph (4), in addition to the case provided in the preceding

paragraph, the Commissioner of the Patent Office shall not render a ruling

ordering a non-exclusive license to be established if the ruling ordering the

non-exclusive license to be established is not rendered with respect to the

request for ruling referred to in paragraph (3).

(7) The provisions of Articles 84, 84-2, Article 85, paragraph (1) and Articles 86

to 91-2 (procedures, etc. for ruling) of the Patent Act shall apply mutatis

mutandis to the ruling referred to in paragraph (3).

(Ruling granting non-exclusive license for public interest)

Article 23 (1) Where the working of a registered utility model is particularly

necessary for the public interest, a person who intends to work the registered

utility model may request the holder of utility model right or the exclusive

licensee to hold consultations to discuss the granting of a non-exclusive license.

(2) Where no agreement is reached by consultations or no consultations are able

to be held as provided in the preceding paragraph, the person who intends to

work the registered utility model may request the Minister of Economy, Trade

and Industry for a ruling.

(3) The provisions of Articles 84, 84-2, Article 85, paragraph (1) and Articles 86

to 91-2 (procedures, etc. for ruling) of the Patent Act shall apply mutatis

mutandis to the ruling referred to in the preceding paragraph.

(Transfer of non-exclusive license)

Article 24 (1) Except for a non-exclusive license granted by a ruling referred to

in Article 21, paragraph (2), Article 22, paragraph (3) or (4), or Article 23,

paragraph (2), Article 92, paragraph (3) of the Patent Act or Article 33,

paragraph (3) of the Design Act, a non-exclusive license may be transferred

only where the business involving the working of the relevant registered utility

model is also transferred, where the consent of the holder of utility model right

(or, in the case of a non-exclusive license with regard to the exclusive license,

the holder of utility model right and the exclusive licensee) is obtained or

where the transfer occurs as a result of inheritance or another type of general

succession.

(2) Except for a non-exclusive license granted by a ruling referred to in Article 21,

paragraph (2), Article 22, paragraph (3) or (4), or Article 23, paragraph (2),

Article 92, paragraph (3) of the Patent Act or Article 33, paragraph (3) of the

Design Act, a non-exclusive licensee may establish a right of pledge with

regard to the non-exclusive right only where the consent of the holder of utility

model right (or, in the case of a non-exclusive license on the exclusive license,

the holder of utility model right and the exclusive licensee) is obtained.

(3) A non-exclusive license granted by a ruling referred to in Article 21,

paragraph (2) or Article 23, paragraph (2) may be transferred only where the

business involved in the working of the relevant registered utility model is also

transferred.

(4) Where a non-exclusive license is granted by a ruling referred to in Article 22,

paragraph (3) of this Act, Article 92, paragraph (3) of the Patent Act, or Article

33, paragraph (3) of the Design Act, the said non-exclusive license shall be

transferred together with the utility model right, patent right or design right of

the non-exclusive licensee where the business involved in the working of the

relevant registered utility model is also transferred, but shall be extinguished

in the case where the utility model right, patent right or design right of the

said non-exclusive licensee is extinguished or transferred independently of the

said business.

(5) A non-exclusive license granted by a ruling referred to in Article 22,

paragraph (4) shall be transferred together with the utility model right, patent

right or design right of the non-exclusive licensee, but shall be extinguished in

the case where the said utility model right, patent right or design right is

extinguished.

(Right of pledge)

Article 25 (1) Unless otherwise agreed upon by contract, where a right of pledge

is established for the purpose of a utility model right, exclusive license or non-

exclusive license, the pledgee may not work the registered utility model.

(2) The provisions of Article 96 (extension of a right of pledge to the proceeds of

the patent right) of the Patent Act shall apply mutatis mutandis to a right of

pledge established for the purpose of a utility model right, exclusive license or

non-exclusive license.

(3) The provisions of Article 98, paragraph (1), item (iii) and paragraph (2) (effect

of registration) of the Patent Act shall apply mutatis mutandis to a right of

pledge established for the purpose of a utility model right or exclusive license.

(Application mutatis mutandis of the Patent Act)

Article 26 The provisions of Articles 69, paragraphs (1) and (2) and Articles 70 to

71-2 (limitations of patent right and technical scope of patented invention),

Article 73 (joint ownership), Article 76 (extinguishment of patent rights in

absence of heir), Article 79 (non-exclusive license based on prior use), Article

79-2 (non-exclusive license due to the working of the invention prior to the

registration of the transfer of a patent right), Articles 81 and 82 (non-exclusive

license after expiration of duration of design right), Article 97, paragraph (1)

(waiver), and Article 98, paragraph (1), items (i) and (ii) (effect of registration)

shall apply mutatis mutandis to utility model rights.

Section 2 Infringement of Rights

(Right to seek injunction)

Article 27 (1) A holder of utility model right or an exclusive licensee may request

a person who infringes or is likely to infringe the said utility model right or

exclusive license (hereinafter referred to as "infringer, etc.") to stop or prevent

such infringement.

(2) When a request is made under the provisions of the preceding paragraph, the

holder of utility model right or an exclusive licensee may request measures

necessary for the prevention of such an infringement including the disposal of

articles constituting such an act of infringement (including a computer

program, etc. (refers to a computer program, etc. provided in Article 2,

paragraph (4) of the Patent Act, the same shall apply in the following Article),

the same shall apply hereinafter), the removal of facilities used for the act of

infringement and other necessary measures.

(Acts deemed to constitute infringement)

Article 28 The following acts shall be deemed to constitute an infringement of

the utility model right or the exclusive license:

(i) acts of, as a business, producing, assigning, etc. (assigning and leasing and,

in the case where the article is a computer program, etc., including providing

through electric telecommunication lines, the same shall apply hereinafter),

importing or offering for assignment, etc. (including an act of displaying for

the purpose of assignment, etc., the same shall apply hereinafter) any

product to be used exclusively for manufacturing an article in which the

registered utility model has been embodied;

(ii) acts of, as a business, producing, assigning, etc., or importing or offering for

assignment, etc. any product (excluding those widely distributed in the

general public within Japan) to be used for manufacturing an article in

which the registered utility model has been embodied and indispensable for

solving the problem by the device, knowing that the said device is a

registered utility model and the said product is to be used for the working of

the device and;

(iii) acts of possessing an article in which a registered utility model has been

embodied for the purpose of assigning, leasing or exporting it.

(Estimation of amount of damage, etc.)

Article 29 (1) Where a holder of utility model right or an exclusive licensee

claims against an infringer compensation for damage sustained as a result of

the intentional or negligent infringement of the utility model right or exclusive

license, and the infringer assigned the articles that constituted the act of

infringement, the amount of damage sustained by the holder or the exclusive

licensee may be estimated to be the amount of profit per unit of articles which

could have been sold by the holder or the exclusive licensee if there had been

no such act of infringement, multiplied by the quantity (hereinafter referred to

in this paragraph as the "assigned quantity") of articles assigned by the

infringer, not exceeding the amount attainable by the holder or the exclusive

licensee in light of the capability of the holder or the exclusive licensee to work

such articles; provided, however, that if any circumstances exist under which

the holder or the exclusive licensee would have been unable to sell the assigned

quantity in whole or in part, the amount calculated as the number of articles

which are not able to be sold due to such circumstances shall be deducted.

(2) Where a holder of utility model right or an exclusive licensee claims against

an infringer compensation for his/her own damage sustained as a result of the

intentional or negligent infringement of his/her own utility model right or

exclusive license, and the infringer earned any profits from the act of

infringement, the amount of profits earned by the infringer shall be estimated

to be the amount of damage sustained by the holder of utility model right or

exclusive licensee.

(3) A holder of utility model right or an exclusive licensee may claim against an

infringer compensation for his/her own damage sustained as a result of the

intentional or negligent infringement of his/her own utility model right or

exclusive license, by regarding the amount the holder of said utility model

right or exclusive licensee would have been entitled to receive for the working

of the registered utility model right as the amount of damage sustained.

(4) The provisions of the preceding paragraph shall not preclude a claim for

compensation of damages exceeding the amount provided therein. In this case,

where the infringer did not commit the infringement of the utility model right

or exclusive license intentionally or by gross negligence, the court may take

these circumstances into consideration in determining the amount of

compensation.

(Presentation of Technical Reports of Expert Opinion on Registrability of

Utility Models)

Article 29-2 A holder of utility model right or an exclusive licensee may not

exercise his/her utility model right or exclusive license against an infringer, etc.

of his/her own utility model right or exclusive license unless he/she has warned

by presenting the Technical Reports of Expert Opinion on Registrability of

Utility Models with respect to the registered utility model.

(Liability of holder of utility model right, etc.)

Article 29-3 (1) Where a trial decision to the effect that the utility model

registration is to be invalidated (excluding those rendered on the ground of

Article 37, paragraph (1), item (vi)) has become final and binding after the

holder of utility model right or the exclusive licensee exercised his/her right

against, or gave warning thereof to, an infringer, etc., the person shall be liable

to compensate damage sustained by the infringer, etc. as a result of the

exercise of his/her right or the warning; provided, however, that this shall not

apply where the holder or the exclusive licensee exercised his/her right or gave

warning thereof based on the utility model technical opinion stated in the

Technical Reports of Expert Opinion on Registrability of Utility Models

(excluding those to the effect that the device claimed in the application for

utility model registration or the registered utility model cannot be registered

under the provisions of Article 3, paragraph (1), item (iii) and paragraph (2)

(limited to those with respect to the device listed in the said item), Article 3-2,

and Article 7, paragraphs (1) to (3) and (6)) or with other reasonable care.

(2) The provisions of the preceding paragraph shall apply mutatis mutandis to

the case where the holder of utility model right or the exclusive licensee

exercised his/her right, or gave warning thereof, based on the device which has

come to fall outside the scope of claims for a utility model right at the time of

the registration of the establishment of the utility model right as a result of

any correction made to the description, scope of claims for a utility model right

or drawing attached to the application in the application for utility model

registration referred to in Article 14-2, paragraph (1) or (7).

(Application mutatis mutandis of the Patent Act)

Article 30 The provisions of Articles 104-2 to 106 (obligation to clarify the

specific conditions (of infringement), restriction on exercise of rights of

patentee, etc., restriction on assertion, submission of documents, etc., expert

opinion on calculation of damages, determination of reasonable damages,

protective order, rescission of protective order, notice, etc. of a request for

inspection of record, etc., ban on open examination of parties, etc. and

measures to restore credibility) of the Patent Act shall apply mutatis mutandis

to infringement of utility model rights or exclusive licenses. In this case, the

terms "the following decision or trial decision has become final and binding"

and "the said decision or trial decision has become final and binding" in Article

104-4 of the said Act shall be deemed to be replaced with "the trial decision

listed in item (i) has become final and binding, or any correction listed in item

(iii) has been made" and "the said trial decision has become final and binding,

or any correction has been made," respectively, and the term "a decision or a

trial decision to the effect that the description, scope of claims for a utility

model registration or drawings attached to the application with respect to the

said patent is to be corrected" in item (iii) of the said Article shall be deemed to

be replaced with "any correction referred to in Article 14-2, paragraph (1) or (7)

of the Utility Model Act of the description, scope of claims for a utility model

registration or drawings attached to the application with respect to the said

utility model registration."

Section 3 Registration Fees

(Registration fees)

Article 31 (1) A person who obtains the registration of establishment of a utility

model right or a holder of utility model right shall pay as registration fees the

amount listed in the lower column of the following table in accordance with the

category listed in the upper column, for each registered utility model and for

each year from the date of the registration of establishment of the utility model

right to the expiration of the duration provided in Article 15:

Period within term Amount

First to third year Annually 2,100 yen plus 100 yen per

claim

Fourth to sixth year Annually 6,100 yen plus 300 yen per

claim

Seventh to tenth year Annually 18,100 yen plus 900 yen

per claim

(2) The provisions of the preceding paragraph shall not apply to utility model

rights belonging to the State.

(3) Notwithstanding the provisions of paragraph (1), where a utility model right

is jointly owned by persons including the State and/or a person subject to

reduction of the registration fees or exemption therefrom under Article 32-2 or

the provisions of any other laws and regulations (hereinafter referred to in this

paragraph as "reduction/exemption"), and the portion of their respective shares

of the said utility model right has been specified, the registration fees payable

under paragraph (1) shall be determined as the sum of the amounts calculated

for each person other than the State jointly owning the utility model right by

multiplying the applicable registration fees provided in paragraph (1) (in the

case of a person subject to reduction/exemption, the amount after deducting the

said reduction/exemption) by the ratio of the share of each person other than

the State jointly owning the utility model right, and, the persons other than

the State shall pay such sum.

(4) For the amount of registration fees calculated under the provisions of the

preceding paragraph, fractional figures of less than ten yen shall be discarded.

(5) The payment of registration fees referred to in paragraph (1) shall be made by

patent revenue stamps as specified by an ordinance of the Ministry of Economy,

Trade and Industry; provided, however, that where so specified by an

ordinance of the Ministry of Economy, Trade and Industry, a payment in cash

thereof may be accepted.

(Time limit for payment of registration fees)

Article 32 (1) The registration fees for each year from the first to the third year

under the provisions of Article 31, paragraph (1) shall be paid in a lump sum at

the same time as the filing of the application for utility model registration (or,

in the case where an application is converted under the provisions of Article 10,

paragraph (1) or (2) or an application is divided under the provisions of Article

44, paragraph (1) of the Patent Act as applied mutatis mutandis pursuant to

Article 11, paragraph (1), at the same time as the conversion or divis ion of the

application).

(2) The registration fees for each year from the fourth year to subsequent years

under the provisions of Article 31, paragraph (1) shall be paid by the end of the

previous year.

(3) The Commissioner of the Patent Office may, upon request from a person who

is responsible for paying the registration fees, extend the period provided in

paragraph (1) within a period not exceeding 30 days.

(4) Notwithstanding the provisions of paragraphs (1) and (3), where, due to

reasons beyond the control of the person who pays the registration fees, he/she

is unable to pay the registration fees within the extended period under the

provisions of the preceding paragraph, the person may pay the registration fees

within 14 days (where the applicant is an overseas resident, within two

months) from the date on which the reasons ceased to exist, but not later than

six months after the said period lapsed.

(Reduction/exemption or deferment of registration fees)

Article 32-2 Where a person who is responsible for paying the registration fees

for each year from the first to the third year under the provisions of Article 31,

paragraph (1) is the creator of the device claimed in the application for utility

model registration or his/her heir, if the Commissioner of the Patent Office

recognizes that the person has difficulties in paying the registration fees due to

insufficient financial means, the Commissioner of the Patent Office may grant

the person a reduction of, exemption from or deferment of the payment of the

registration fees as specified by Cabinet Order.

(Late payment of registration fees)

Article 33 (1) Where a holder of utility model right is unable to pay the

registration fees within the period provided in Article 32, paragraph (2) or the

period for deferred payment under the provisions of Article 32-2, he/she may

make a late payment of the registration fees after the said period lapses, but

not later than six months following the expiration of the said period.

(2) The holder of utility model right who makes a late payment of the registration

fees under the provisions of the preceding paragraph shall pay, in addition to

the registration fees to be paid under the provisions of Article 31, paragraph

(1), a registration surcharge in the same amount as the registration fees.

(3) The payment of the registration surcharge referred to in the preceding

paragraph shall be made by patent revenue stamps as specified by an

ordinance of the Ministry of Economy, Trade and Industry; provided, however,

that where so specified by an ordinance of the Ministry of Economy, Trade and

Industry, a payment in cash thereof may be accepted.

(4) Where a holder of utility model right fails to pay, within the period allowed

for late payment of the registration fees under the provisions of paragraph (1),

the registration fees for each year from the fourth and subsequent years under

the provisions of Article 31, paragraph (1) and the registration surcharge

referred to in paragraph (2), the utility model right shall be deemed to have

been extinguished retroactively upon the expiration of the period provided in

Article 32, paragraph (2).

(5) Where a holder of utility model right fails to pay, within the period allowed

for late payment of the registration fees under the provisions of paragraph (1),

the registration fees for which deferment was granted under the provisions of

Article 32-2 and the registration surcharge referred to in paragraph (2), the

utility model right shall be deemed to have not existed from the beginning.

(Restoration of utility model right by late payment of registration fees)

Article 33-2 (1) Where an original holder of the utility model right which was

deemed to have been extinguished under the provisions of Article 33,

paragraph (4), or which was deemed to have not existed from the beginning

under the provisions of Article 33, paragraph (5) has justifiable reasons for

having been unable to pay the registration fee or the registration surcharge

provided in Article 33, paragraph (4) or (5) within the period allowed for late

payment of the registration fees under the provisions of Article 33, paragraph

(1), the original holder may make a late payment of the registration fees or the

surcharge within two months from the date on which the reasons ceased to

exist, but not later than one year following the expiration of the said period;

(2) Where a late payment of the registration fees or the registration surcharge is

made under the provisions of the preceding paragraph, the utility model right

shall be deemed to have been maintained retroactively from the time of

expiration of the period provided in Article 32, paragraph (2) or to have existed

from the beginning.

(Restriction on effect of restored utility model right)

Article 33-3 (1) Where a utility model right has been restored under the

provisions of paragraph (2) of the preceding Article, the utility model right

shall not be effective on the article in which the registered utility model has

been embodied which was imported into, manufactured or acquired within

Japan after the period allowed for making a late payment of the registration

fees has lapsed under the provisions of Article 33, paragraph (1) but before the

registration of the restoration of the utility model right.

(2) A restored utility model right under the provisions of paragraph (2) of the

preceding Article shall not be effective on the following acts committed after

the period during which a late payment of the registration fees is allowed

under the provisions of Article 33, paragraph (1) lapses but before the

registration of the restoration of the utility model right:

(i) acts of working the said device;

(ii) acts of producing, assigning, etc., or importing or offering for assignment,

etc. any product to be used for producing the article in which the registered

utility model has been embodied; and

(iii) acts of possessing an article in which the registered utility model has been

embodied for the purpose of assigning, leasing or exporting it.

(Refund of already-paid registration fees)

Article 34 (1) The already paid registration fees that fall under any of the

following items shall be refunded upon request from the person who paid them:

(i) registration fees paid in error or in excess;

(ii) registration fees in the case where the disposition to the effect that the

application for utility model registration is to be dismissed has become final

and binding;

(iii) registration fees for each year following the year in which a trial decision

to the effect that the utility model registration is to be invalidated has

become final and binding; and

(iv) registration fees for each year following the year in which the duration of

the utility model right would have expired.

(2) A request for refund of registration fees under the provisions of the preceding

paragraph may not be filed after one year from the date of payment in the case

of the registration fees referred to in item (i) above, after six months from the

date on which the disposition or the trial decision became final and binding in

the case of the registration fees referred to in items (ii) or (iii) above, or after

one year from the date on which the establishment of the utility model right

was registered in the case of the registration fees referred to in items (iv) above.

(3) Notwithstanding the provisions of paragraphs (1), where, due to reasons

beyond the control of the person who files a requests for refund of registration

fees under the provisions of paragraph (1), the person is unable to file the

request within the period provided in the preceding paragraph, the person may

file the request within 14 days (where the applicant is an overseas resident,

within two months) from the date on which the reasons ceased to exist, but not

later than six months after the said period lapsed.

Article 35 Deleted

(Application mutatis mutandis of the Patent Act)

Article 36 The provisions of Article 110 of the Patent Act (payment of patent fees

by interested persons) shall apply mutatis mutandis to registration fees.

Chapter V Appeals/Trials

(Invalidation trial of utility model registration)

Article 37 (1) Where a utility model registration falls under any of the following

items, a request for invalidation trial of the utility model registration may be

filed. In this case, if there are two or more claims, a request for invalidation

trial of the utility model registration may be filed for each claim.

(i) where the utility model registration has been granted with respect to an

application for utility model registration with an amendment that does not

comply with the requirements provided in Article 2-2, paragraph (2);

(ii) where the utility model registration has been granted in violation of the

provisions of Article 25 of the Patent Act as applied mutatis mutandis

pursuant to Article 2-5, paragraph (3) of the Utility Model Act, Articles 3, 3-2,

4, Article 7, paragraphs (1) to (3) or Article 7, paragraph (6), or Article 38 of

the Patent Act as applied mutatis mutandis pursuant to Article 11,

paragraph (1) of the Utility Model Act (where the utility model registration

has been granted in violation of Article 38 of the provisions of the Patent Act

as applied mutatis mutandis pursuant to Article 11, paragraph (1) of this Act,

excluding the case where the transfer of a utility model right with respect to

the said utility model registration has been registered based on a request

made under the provisions of Article 17-2, paragraph (1) of the Utility Model

Act);

(iii) where the utility model registration has been granted in violation of a

treaty;

(iv) where the utility model registration has been granted with respect to an

application for utility model registration that does not comply with the

requirements provided in Article 5, paragraph (4) or (6) (excluding item (iv));

(v) where the said utility model registration has been granted with respect to

an application for utility model registration filed by a person does not have

any right to obtain a utility model registration for the device (excluding the

case where the transfer of a utility model right with respect to the said

utility model registration has been registered based on the request made

under the provisions of Article 17-2, paragraph (1));

(vi) where, after a utility model registration has been granted, the holder of

utility model right has become unable to hold the utility model right under

the provisions of Article 25 of the Patent Act as applied mutatis mutandis

pursuant to Article 2-5, paragraph (3), or the utility model registration has

come to violate a treaty; and

(vii) where any correction of the description, scope of claims for a utility model

registration or drawings attached to the application for the utility model

registration has been made in violation of the provisions of Article 14-2,

paragraphs (2) to (4).

(2) Any person may file a request for invalidation trial of utility model

registration; provided, however, that where a request for invalidation trial of

utility model registration is filed on the ground that the utility model

registration falls under item (ii) of the preceding paragraph (limited to the case

where the utility model registration is obtained in violation of Article 38 of the

Patent Act as applied mutatis mutandis pursuant to Article 11, paragraph (1))

or item (v) of the preceding paragraph, only a person who holds the right to

obtain a utility model registration for the device with respect to the said utility

model registration may file a request for invalidation trial of utility model

registration.

(3) A request for invalidation trial of utility model registration may be filed even

after the utility model right has lapsed.

(4) Where a request for invalidation trial of utility model registration has been

filed, the chief trial examiner shall notify the exclusive licensee of the utility

model right and other persons who hold any registered rights relating to the

utility model to the effect.

(Formal requirements of request for trial)

Article 38 (1) A person who files a request for trial shall submit a written

request stating the following items to the Commissioner of the Patent Office:

(i) the names, and the addresses or residences of the party and the

representative thereof;

(ii) the indication of the trial case; and

(iii) the subject of and grounds for the request

(2) For the grounds for the request listed in item (iii) of the preceding paragraph,

the facts on which invalidation of the utility model registration is based shall

be identified in concrete terms, and the relationship of each fact that is

required to be proven with the relevant evidence shall be stated.

(Amendment of request for trial)

Article 38-2 (1) Any amendment of the written request filed under the provisions

of paragraph (1) of the preceding Article shall not change the gist thereof;

provided, however, that this shall not apply in the event that an approval is

granted by the chief trial examiner under the provisions of the following

paragraph.

(2) Where any amendment of the grounds for the request listed in Article 38,

paragraph (1), item (iii) changes the gist thereof, the chief trial examiner may

approve such an amendment, if he/she recognizes that there is no risk that the

said amendment causes unreasonable delay of the proceedings and any of the

following grounds exists:

(i) correction referred to in Article 14-2, paragraph (1) has given rise to a need

for making an amendment to the grounds for the request; and

(ii) other than the case listed in the preceding item, there exist reasonable

grounds for not stating the grounds for the request with respect to the

amendment of the request at the time of filing a request for trial, and the

demandee has agreed on such an amendment.

(3) An approval for the amendment under the preceding paragraph may not be

granted if a written amendment with respect to the said amendment is

submitted prior to the service of a copy of the written request under the

provisions of Article 39, paragraph (1).

(4) No appeal shall be filed against a decision made under paragraph (2) or

inaction thereof.

(Submission of written reply, etc.)

Article 39 (1) Where a request for trial has been filed, the chief trial examiner

shall serve a copy of the written request to the demandee and give him/her an

opportunity to submit a written reply, designating an adequate period.

(2) Where the chief trial examiner approves an amendment of the written request

under the provisions of Article 38-2, paragraph (2), he/she shall serve a copy of

the written amendment with respect to the said amendment to the demandee,

and shall give him/her an opportunity to submit a written reply, designating

an adequate period; provided, however, that this shall not apply where special

circumstances exist under which it is recognized that giving an opportunity to

the demandee to submit a written reply is not required.

(3) Upon receipt of a written reply as provided in paragraph (1) or the main

clause of the preceding paragraph, or where a correction as provided referred

to in Article 14-2, paragraph (1) or (7) has been made while an invalidation

trial of utility model registration is pending at the Japan Patent Office, the

chief trial examiner shall serve to the demandant a copy thereof.

(4) The chief trial examiner may question the parties and the intervenors

relating to the trial.

(5) Where, after a request for invalidation trial of the utility model registration

has been filed, a patent application under the provisions of Article 46-2,

paragraph (1) of the Patent Act is filed based on the utility model registration,

the chief trial examiner shall notify the demandant and the intervenors thereof.

(Withdrawal of request for trial)

Article 39-2 (1) A request for trial may be withdrawn before a trial decision

becomes final and binding.

(2) A request for trial may not be withdrawn after a written reply referred to in

Article 39, paragraph (1) has been submitted, unless the consent of the adverse

party has not been obtained.

(3) Where the demandant for trial has received a notice under the provisions of

Article 39, paragraph (5), notwithstanding the provisions of the preceding

paragraph, he/she may withdraw the request for trial only within 30 days from

the date on which he/she received the notice.

(4) The provisions of Article 4 of the Patent Act shall apply mutatis mutandis to

the period referred to in the preceding paragraph. In this case, the term "The

Commissioner of the Patent Office" in the said Article shall be deemed to be

replaced with "The chief trial examiner".

(5) Where, due to reasons beyond the control of the demandant for trial, he/she is

unable to withdraw the request for trial within the period provided in

paragraph (3), the demandant may, notwithstanding the provisions of the said

paragraph, withdraw the request within 14 days (in the case where the

demandant is an overseas resident, within two months) from the date on which

the reasons ceased to exist, but not later than six months following the

expiration of the said period.

(6) When a request for invalidation trial of utility model registration has been

filed with regard to two or more claims contained in a utility model registration

containing two or more claims, the request may be withdrawn for each of the

claims.

(Relationship with lawsuits)

Article 40 (1) Where it is deemed to be necessary during a trial, the trial

proceedings may be suspended until a trial decision in another trial has

become final and binding or court proceedings have been concluded.

(2) Where an action is instituted or a motion for order of provisional seizure or

order of provisional disposition is filed, the court may, if it considers it to be

necessary, suspend the court proceedings until the trial decision becomes final

and binding.

(3) Where an action with respect to infringement of a utility model right or an

exclusive license is instituted, the court shall notify the Commissioner of the

Patent Office thereof. The same shall apply when the said court proceedings

have been concluded.

(4) Where the Commissioner of the Patent Office receives a notice provided in the

preceding paragraph, he/she shall notify the court of whether a request for

trial with regard to the utility model right has been filed. The same shall apply

when, with regard to the trial, a decision dismissing the written request or a

trial decision has been rendered or the request has been withdrawn.

(5) Where the court receives a notice to the effect that a request for trial with

regard to a utility model right has been filed under the provisions of the

preceding paragraph, if a document stating a method of allegation or defense

under the provisions of Article 104-3, paragraph (1) of the Patent Act as

applied mutatis mutandis pursuant to Article 30 of the Utility Model Act has

already been submitted in the court proceedings prior to the said notice, or if

the said document is submitted for the first time after the said notice, the court

shall notify the Commissioner of the Patent Office thereof.

(6) Where the Commissioner of the Patent Office receives a notice provided in the

preceding paragraph, he/she may request the court to deliver a copy of any

record of the court proceedings which the trial examiner considers it to be

necessary for the trial.

(Application mutatis mutandis of the Patent Act)

Article 41 The provisions of Articles 125, 132 to 133-2, 135 to 154, Article 156,

paragraphs (1), (3) and (4), Articles 157, 167 and 167-2, Article 169,

paragraphs (1), (2), (5) and (6), and Article 170 of the Patent Act shall apply

mutatis mutandis to appeals and trials. In this case, the term "shall, in a trial

other than a trial for patent invalidation, notify" in Article 156, paragraph (1)

of the said Act shall be deemed to be replaced with "shall notify."

Chapter VI Retrial and Litigation

(Request for retrial)

Article 42 (1) A party or an intervenor may file a request for retrial against a

final and binding trial decision.

(2) The provisions of Articles 338, paragraphs (1) and (2) and Article 339

(grounds for retrial) of the Code of Civil Procedure (Act No109 of 1996) shall

apply mutatis mutandis to requests for retrial as provided in the preceding

paragraph.

Article 43 (1) Where a demandant for trial, in conspiracy with the demandee,

has caused the trial decision to be rendered for the purpose of harming the

right or interest of any third party, the third party may file a request for

retrial against the final and binding trial decision.

(2) A request for retrial referred to in the preceding paragraph shall be filed

against the demandant and the demandee in the trial as joint demandees.

(Restriction on effect of utility model right restored by retrial)

Article 44 (1) Where a utility model right with respect to an invalidated utility

model registration has been restored by a retrial, such a utility model right

shall not be effective on any articles relating thereto imported into,

manufactured or acquired in Japan in good faith, after the trial decision

became final and binding but before the registration of the request for retrial.

(2) Where a utility model right embodied in the invalidated utility model

registration has been restored by a retrial, such a utility model right shall not

be effective on the following acts conducted after the trial decision became final

and binding but before the registration of the request for retrial:

(i) the act of working the device in good faith;

(ii) the act of producing, assigning, etc., importing or offering for assignment,

etc., in good faith, any product used for manufacturing any article in which

the registered utility model has been embodied; and

(iii) the act of possessing an article, in good faith, in which the registered

utility model has been embodied for the purpose of assigning, leasing or

exporting it.

(Application mutatis mutandis of the Patent Act)

Article 45 (1) The provisions of Articles 173 (time limit for request for retrial),

174, paragraphs (3) and (5) (application mutatis mutandis of provisions

regarding trial, etc.), and 176 (non-exclusive license due to the working of the

invention prior to the registration of the request for a retrial) of the Patent Act

shall apply mutatis mutandis to retrials. In this case, in Article 174, paragraph

(3) of the said Act, the terms "Article 131, paragraph (1), the main clause of

Article 131-2, paragraph (1)," "Article 134, paragraphs (1), (3) and (4)" and "to

Article 168" shall be deemed to be replaced with "Article 38, paragraph (1), the

main clause of Article 38-2", "Article 39, paragraphs (1), (3) and (4) of the

Utility Model Act," and "Article 167-2, Article 40 of the Utility Model Act,"

respectively.

(2) The provisions of Article 4 of the Patent Act shall apply mutatis mutandis to

the period provided in Article 173, paragraph (1) of the said Act as applied

mutatis mutandis pursuant to the preceding paragraph.

Article 46 Deleted

(Action against trial decisions, etc.)

Article 47 (1) The Tokyo High Court shall have exclusive jurisdiction over any

action against a trial decision or a ruling to dismiss a written request for a

trial or a retrial.

(2) The provisions of Article 178, paragraphs (2) to (6) (statute of limitations for

filing an action, etc.), Articles 179 to 182-2 (appropriate party as defendant,

notice of institution of action, etc., opinion of the Commissioner of the Patent

Office in litigation rescinding the trial decision, rescission of the trial decision

or ruling, delivery of original copy of judgment, etc., and composition of panel)

of the Patent Act shall apply mutatis mutandis to actions referred to in the

preceding paragraph.

(Action against the amount of compensation)

Article 48 (1) A person who has received a ruling referred to in Article 21,

paragraph (2), Article 22, paragraph (3) or (4), or Article 23, paragraph (2) may,

if he/she is not satisfied with the amount of compensation determined in the

ruling, institute an action requesting an increase or decrease of the said

amount.

(2) The provisions of Articles 183, paragraph (2) (statute of limitations for filing

an action) and Article 184 (appropriate party as defendant) of the Patent Act

shall apply mutatis mutandis to actions referred to in the preceding paragraph.

Article 48-2 Deleted

Chapter VII Special Provisions Concerning International Applications

under the Patent Cooperation Treaty

(Application for utility model registration based on international application)

Article 48-3 (1) An international application (limited only to an application for

utility model registration) to which the international filing date is accorded

based on the provisions of Article 11, paragraph (1), Article 11, paragraph (2),

item (b) or Article 14, paragraph (2) of the Patent Cooperation Treaty signed in

Washington on June 19, 1970 (hereinafter referred to as the "Treaty" in this

Chapter) and which includes Japan as a designated State under Article 4,

paragraph (1), item (ii) of the Treaty shall be deemed to be an application for

utility model registration filed on the said international filing date.

(2) The provisions of Article 184-3, paragraph (2) (patent application based on

international application) of the Patent Act shall apply mutatis mutandis to an

international application which has been deemed to be an application for

utility model registration under the provisions of the preceding paragraph

(hereinafter referred to as "international application for utility model

registration").

(Translations of international application for utility model registration in

foreign language)

Article 48-4 (1) An applicant of an international application for utility model

registration filed in a foreign language (hereinafter referred to as "Utility

Model Registration Application in a Foreign Language") shall submit to the

Commissioner of the Patent Office Japanese translations of the description,

scope of claims, drawings (the descriptive text in such drawings only,

hereinafter the same shall apply in this Article), and the abstract, provided in

Article 3, paragraph (2) of the Treaty, as of the international filing date

provided in paragraph (1) of the preceding Article (hereinafter referred to as

"International Application Date") within a period from the priority date

referred to in Article 2 (xi) of the Treaty (hereinafter referred to as "priority

date") to two years and six months (hereinafter referred to as "Time Limit for

the Submission of National Documents") therefrom; provided, however, that

the applicant of an international application for utility model registration in

foreign language who has submitted the document provided in paragraph (1) of

the following Article during the period from two months before the expiration

of the period for the submission of national documents to the expiry date

thereof (excluding the case where the said translations have been submitted

prior to the date of submission of the said documents) may submit the said

translations within two months from the date of submission of the said

document (hereinafter referred to as "Special Time Limit for the Submission of

Translations").

(2) In the case of the preceding paragraph, where the applicant of the application

for utility model registration in foreign language has made an amendment

based on the provisions of Article 19, paragraph (1) of the Treaty, the applicant

may, in lieu of the translation of the scope of claim(s) provided in the preceding

paragraph, submit a translation of the amended scope of claim(s).

(3) Where the translation of the description provided in paragraph (1) and the

translation of the scope of claim(s) provided in the preceding two paragraphs

(hereinafter referred to as "translations of the description, etc.") have not been

submitted within the time limit for the submission of national documents (in

the case of an application for utility model registration in foreign language

under the proviso to paragraph (1), the special time limit for the submission of

translations, hereinafter the same shall apply in this Article), the international

application for utility model registration shall be deemed to have been

withdrawn.

(4) An applicant for the international application for utility model registration

that was deemed to have been withdrawn pursuant to the provisions of the

preceding paragraph, where there are justifiable grounds for having not been

able to submit the said translation of the description, etc., within the time

limit for the submission of national documents, may submit to the

Commissioner of the Patent Office the translation of the description, etc. and

the translations of drawings and the abstract provided in paragraph (1) only

within two months from the date on which the reasons ceased to exist, but not

later than one year following the expiration of the period for the submission of

national documents.

(5) The translations submitted under the provisions of the preceding paragraph

shall be deemed to have been submitted to the Commissioner of the Patent

Office at the time of the expiration of the time limit for the submission of

national documents.

(6) Where any amendment based on the provisions of Article 19, paragraph (1) of

the Treaty has been made, an applicant who has submitted the translation of

the scope of claim(s) provided in paragraph (1) may further submit a Japanese

translation of the said amended scope of claim(s) no later than the date on

which the time limit for the submission of national documents expires (where

the applicant files a request under the provisions of Article 23, paragraph (2)

or Article 40, paragraph (2) of the Treaty within the time limit for the

submission of national documents (hereinafter referred to as "Request for

National Processing"), the time of filing the request for national processing

(hereinafter referred to as "National Processing Standard Time")).

(7) The provisions of the main clause of Article 184-7, paragraph (3) of the Patent

Act shall apply mutatis mutandis to the case where the translation provided in

paragraph 2 or the preceding paragraph has not been submitted.

(Submission of documents and order to amend procedures, etc.)

Article 48-5 (1) An applicant for an international application for utility model

registration shall submit a document to the Commissioner of the Patent Office

within the time limit for the submission of national documents stating the

following matters:

(i) the name, and the address or residence of the applicant;

(ii) the name, and the address or residence of the creator of the device; and

(iii) the international application number and other matters specified by an

ordinance of the Ministry of Economy, Trade and Industry.

(2) The Commissioner of the Patent Office may order the applicant to make an

amendment to the procedures, designating a reasonable period, in any of the

following cases:

(i) where the document to be submitted under the provisions of the preceding

paragraph is not submitted within the time limit for the submission of

national documents;

(ii) where the procedures under the provisions of the preceding paragraph

violate the provisions of Articles 7, paragraphs (1) to (3) or Article 9 of the

Patent Act as applied mutatis mutandis pursuant to Article 2-5, paragraph

(2);

(iii) where the procedure under the provisions of the preceding paragraph

violates the formal requirements specified by an ordinance of the Ministry of

Economy, Trade and Industry;

(iv) where a translation of the abstract to be submitted under the provisions of

paragraph (1) of the preceding Article is not submitted within the time limit

for the submission of national documents (in the case of an application for

utility model registration in foreign language referred to in the proviso to

paragraph (1) of the preceding Article, the special time limit for the

submission of translations);

(v) where the registration fees payable under the provisions of Article 32,

paragraph (1) are not paid within the time limit for the submission of

national documents; and

(vi) where the fees payable under the provisions of Article 54, paragraph (2)

are not paid within the time limit for the submission of national documents.

(3) The provisions of Article 184-5, paragraph (3) of the Patent Act shall apply

mutatis mutandis to the amendment ordered under the provisions of the

preceding paragraph.

(4) An applicant of an international application for utility model registration may

file a request for national processing, only after he/she has paid the

registration fees payable under the provisions of Article 32, paragraph (1) and

fees payable under the provisions of Article 54, paragraph (2), and, in the case

of an international application for utility model registration filed in Japanese

language (hereinafter referred to as "application for utility model registration

in Japanese language") has completed the procedures under the provisions of

paragraph (1), or, in the case of an application for utility model registration in

foreign language, has completed the procedures under the provisions of

paragraph (1) and Article 48-4, paragraph (1).

(Effect of the application, description, etc. of international application)

Article 48-6 (1) The application included in an international application for

utility model registration as of the international application date shall be

deemed to be an application submitted under the provisions of Article 5,

paragraph (1).

(2) The description of an application for utility model registration in Japanese

language as of the international application date and translations of the

description of an application for utility model registration in foreign language

as of the international application date shall be deemed to be the description

submitted with the application under the provisions of Article 5, paragraph (2);

the scope of claim(s) of an application for utility model registration in Japanese

language as of the international application date and a translation of the scope

of claim(s) of an application for utility model registration in foreign language

as of the international application date shall be deemed to be the scope of

claim(s) submitted with the application under the provisions of Article 5,

paragraph (2); the drawing(s) of an application for utility model registration in

Japanese language as of the international application date, and drawing(s)

(excluding the descriptive text in the drawing(s)) and a translation of the

descriptive text in the drawing(s) of an application for utility model

registration in foreign language as of the international application date shall

be deemed to be the drawing(s) submitted with the application under the

provisions of Article 5, paragraph (2); and, the abstract of an application for

utility model registration in Japanese language and a translation of the

abstract of an application for utility model registration in foreign language

shall be deemed to be the abstract submitted with the application under the

provisions of Article 5, paragraph (2).

(3) Where a translation of the amended scope of claim(s) based on the provisions

of Article 19, paragraph (1) of the Treaty is submitted under the provisions of

Article 48-4, paragraph (2) or (6), notwithstanding the provisions of the

preceding paragraph, a translation of the said amended scope of claim(s) shall

be deemed to be the scope of claim(s) submitted with the application under the

provisions of Article 5, paragraph (2).

(Submission of drawings)

Article 48-7 (1) Where an international application for utility model registration

does not include any drawing as of the international application date, the

applicant thereof shall submit the drawing to the Commissioner of the Patent

Office on or before the date into which the national processing standard time

falls.

(2) Where the drawing under the provisions of the preceding paragraph has not

been submitted on or before the date into which the national processing

standard time falls, the Commissioner of the Patent Office may order the

applicant of the international application for utility model registration to

submit the drawing, designating a reasonable period.

(3) Where a person ordered to submit any drawing under the provisions of the

preceding paragraph does not submit the drawing within the designated period

under the provisions of the said paragraph, the Commissioner of the Patent

Office may dismiss the said international application for utility model

registration.

(4) The submission of a drawing made under the provisions of paragraph (1) or

based on the order under the provisions of paragraph (2) (where a brief

description of the drawing is submitted with the drawing, the submission of

the drawing and the description) shall be deemed to be an amendment of

procedures under the provisions of Article 2-2, paragraph (1). In this case, the

provisions of the proviso to Article 2-2, paragraph (1) shall not apply to such

submission.

(Special provisions concerning amendment)

Article 48-8 (1) The provisions of the proviso to Article 2-2, paragraph (1) shall

not apply to an amendment which is, under the provisions of Article 184-7,

paragraph (2) and Article 184-8, paragraph (2) of the Patent Act as applied

mutatis mutandis pursuant to Article 48-15, paragraph (1), deemed to have

been made under the provisions of Article 2-2, paragraph (1).

(2) The provisions of the proviso to Article 2-2, paragraph (1) shall not apply to

an amendment made to an international application for utility model

registration under the provisions of Article 28, paragraph (1) or Article 41,

paragraph (1) of the Treaty.

(3) With regard to the scope within which the description, scope of claims for a

utility model registration or drawings included in an application for utility

model registration in foreign language may be amended, the term "the

description, scope of claims for a utility model registration or drawing(s)

originally attached to the application" in Article 2-2, paragraph (2) shall be

deemed to be replaced with "the description, scope of claims or drawing of the

international application as of the international filing date referred to in

Article 48-4, paragraph (1)."

(4) The provisions of Article 184-12, paragraph (1) of the Patent Act shall apply

mutatis mutandis to an amendment made to an international application for

utility model registration based on the provisions of the main clause of Article

2-2, paragraph (1) or Article 28, paragraph (1) or Article 41, paragraph (1) of

the Treaty. In this case, the term "Article 195, paragraph (2)" in Article 184-12,

paragraph (1) of the Patent Act shall be deemed to be replaced with

"registration fees payable under the provisions of Article 32, paragraph (1) of

the Utility Model Act and Article 54, paragraph (2) of the said Act," and "has

been paid, and after the national processing standard time has lapsed" shall be

deemed to be replaced with "has been paid."

(Special provisions concerning requirements for utility model registration)

Article 48-9 For the purpose of the application of the provisions of Article 3-2, in

the case where another application for utility model registration or patent

application provided in Article 3-2 is an international application for utility

model registration or an international patent application referred to in Article

184-3, paragraph (2) of the Patent Act, the term "another application for utility

model registration or for patent" in Article 3-2 shall be deemed to be replaced

with "another application for utility model registration or for patent (excluding

an application for utility model registration application in foreign language

referred to in Article 48-4, paragraph (1) of the Utility Model Act or a patent

application in foreign language referred to in Article 184-4, paragraph (1) of

the Patent Act which has been deemed to have been withdrawn under the

provisions of Article 48-4, paragraph (3) of the Utility Model Act or Article 184-

4, paragraph (3) of the Patent Act," the term "the issuance or" shall be deemed

to be replaced with "the issuance," the term "or the publication of the patent

application" shall be deemed to be replaced with "or the publication of the

patent application, or the international publication provided in Article 21 of

the Patent Cooperation Treaty signed in Washington on June 19, 1970," and

the term "the description, scope of claims for a utility model registration or

drawings originally attached to the written application" shall be deemed to be

replaced with "the description, scope of claims for a utility model registration,

or drawings of an international application as of the international filing date

under Article 48-4, paragraph (1) of the Utility Model Act or Article 184-4,

paragraph (1) of the Patent Act."

(Special provisions concerning claim of priority based on application for utility

model registration)

Article 48-10 (1) The provisions of the proviso to Article 8, paragraph (1), Article

8, paragraph (4) and Article 9, paragraph (2) shall not apply to international

applications for utility model registration.

(2) For the purpose of the application of the provisions of Article 8, paragraph (3)

to applications for utility model registration in Japanese language, the term

"the Utility Model Gazette with regard to the said application for utility model

registration was issued" in Article 8, paragraph (3) shall be deemed to be

replaced with "the Utility Model Gazette with regard to the said application for

utility model registration was issued or the international publication was

effected under Article 21 of the Patent Cooperation Treaty signed in

Washington on June 19, 1970."

(3) For the purpose of the application of the provisions of Article 8, paragraph (3)

to applications for utility model registration in foreign language, the term "in

the description, scope of claims for a utility model registration or drawings

originally attached to the application in an application for utility model

registration" in Article 8, paragraph (3) shall be deemed to be replaced with

"the description, scope of claims or drawings of an international application as

of the international filing date referred to in Article 48-4, paragraph (1)," the

term "the Utility Model Gazette with regard to the earlier application or the

publication of the earlier application shall be deemed to have been issued"

shall be deemed to be replaced with "the Utility Model Gazette with regard to

the earlier application or the publication of the earlier application shall be

deemed to have been issued or the international publication provided in Article

21 of the Patent Cooperation Treaty signed in Washington on June 19, 1970."

(4) For the purpose of the application of the provisions of Articles 8, paragraphs

(1) to (3) and Article 9, paragraph (1), in the case where the earlier application

referred to in Article 8, paragraph (1) of this Act is an international application

for utility model registration or an international patent application referred to

in Article 184-3, paragraph (2) of the Patent Act, the term "the description or

scope of claims for a utility model registration or patent, or drawings originally

attached to the application" in Articles 8, paragraphs (1) and (2) shall be

deemed to be replaced with "the description, scope of claims or drawings of the

international application as of the international application date under Article

48-4, paragraph (1) of the Utility Model Act or Article 184-4, paragraph (1) of

the Patent Act," the term "the description, scope of claims for a utility model

registration or patent or drawings originally attached to the application of the

earlier application" in Article 8, paragraph (3) shall be deemed to be replaced

with "the description, scope of claims or drawings of the international

application of the earlier application as of the international application date

under Article 48-4, paragraph (1) of this Act or Article 184-4, paragraph (1) of

the Patent Act," the term "publication of unexamined application" in Article 8,

paragraph (3) shall be deemed to be replaced with "the international

publication provided in Article 21 of the Patent Cooperation Treaty signed in

Washington on June 19, 1970," and the term "when a period specified by an

Ordinance of the Ministry of Economy, Trade and Industry has lapsed from the

application date" in Article 9, paragraph (1) shall be deemed to be replaced

with "at the time of the national processing standard time referred to in Article

48-4, paragraph (6) of this Act or Article 184-4, paragraph (6) of the Patent Act

or at the time when a period specified by an Ordinance of the Ministry of

Economy, Trade and Industry has lapsed from the international filing date

under Article 48-4, paragraph (1) of this Act or Article 184-4, paragraph (1) of

the Patent Act, whichever comes later."

(Special provisions concerning conversion of application)

Article 48-11 An international application that has been deemed to be a patent

application under the provisions of Article 184-3, paragraph (1) or Article 184-

20, paragraph (4) of the Patent Act may be converted into an application for

utility model registration, only after the fees payable under the provisions of

Article 195, paragraph (2) of the said Act have been paid (or, in the case of an

international application that is deemed to be a patent application under the

provisions of Article 184-20, paragraph (4) of the said Act, after the decision

provided in Article 184-20, paragraph (4) has been rendered), and, in the case

of a patent application in Japanese language referred to in Article 184-6,

paragraph (2) of the said Act, the procedures pursuant to Article 184-5,

paragraph (1) of the said Act have been completed, or, in the case of a patent

application in foreign language referred to in Article 184-4, paragraph (1) of

the said Act, the procedures under Articles 184-4, paragraph (1) or (4), and

184-5, paragraph (1) of the said Act have been completed.

(Special provisions concerning the time limit for payment of registration fees)

Article 48-12 For the purpose of the payment of the registration fees of an

international application for utility model registration for each year from the

first to the third year, the term "at the same time as the filing of the

application for utility model registration" in Article 32, paragraph (1) shall be

deemed to be replaced with "within the time limit for the submission of

national documents provided in Article 48-4, paragraph (1) (in the case where a

request for national processing provided in Article 48-4, paragraph (6) is filed,

on or before the filing of the request for national processing)."

(Restriction on the timing of filing a request for utility model technical opinion)

Article 48-13 For the purpose of the filing of a request for utility model technical

opinion with respect to an international application for utility model

registration, the term "any person" in Article 12, paragraph (1) shall be

deemed to be replaced with "after the national processing standard time

provided in Article 48-4, paragraph (6) has lapsed, any person."

(Special provisions concerning correction)

Article 48-13-2 For the purpose of a request for correction under the provisions

of Article 14-2, paragraph (1) with respect to an application for utility model

registration in foreign language, the term "the description, scope of claims for a

utility model registration or drawings attached to the application" in Article

14-2, paragraph (3) shall be deemed to be replaced with "the description, scope

of claims or drawings of the international application as of the international

application date referred to in Article 48-4, paragraph (1)."

(Special provisions concerning grounds for invalidation)

Article 48-14 For the purpose of an invalidation trial of utility model

registration with respect to an application for utility model registration in

foreign language, the term "where the utility model registration has been

granted on an application for a utility model registration with an amendment

that does not comply with the requirements as provided in Article 2-2,

paragraph (2)" in Article 37, paragraph (1), item (i) shall be deemed to be

replaced with "where the matters stated in the description, scope of claims for

a utility model registration or drawing attached to the application for the

utility model registration with respect to an application for utility model

registration in foreign language referred to in Article 48-4, paragraph (1) do

not remain within the scope of the matters stated in the description, scope of

claims or drawing of the international application as of the international

application date referred to in Article 48-4, paragraph (1)."

(Application mutatis mutandis of the Patent Act)

Article 48-15 (1) Provisions of Articles 184-7 (amendment under Article 19 of the

Treaty with regard to Patent Application in Japanese Language) and Article

184-8, paragraphs (1) to (3) (amendment under Article 34 of the Treaty) of the

Patent Act shall apply mutatis mutandis to amendments to international

applications for utility model registration made under the Treaty. In this case,

the term "Article 17-2, paragraph (1)" in Articles 184-7, paragraph (2) and 184-

8, paragraph (2) shall be deemed to be replaced with "Article 2-2. Paragraph (1)

of the Utility Model Act."

(2) The provisions of Article 184-11 (Special provisions concerning patent

administrators for overseas residents) of the Patent Act shall apply mutatis

mutandis to the procedures for international applications for utility model

registration.

(3) The provisions of Articles 184-9, paragraph (6) and 184-14 of the Patent Act

shall apply mutatis mutandis to international applications for utility model

registration.

(International application deemed to be application for utility model

registration by decision)

Article 48-16 (1) Where a refusal provided in Article 25, paragraph (1), item (a)

of the Treaty or a declaration provided in Article 25, paragraph (1), item (a) or

(b) of the Treaty has been made by the receiving Office referred to in Article 2

(xv) of the Treaty, or a finding provided in Article 25, paragraph (1), item (a) of

the Treaty has been made by the International Bureau referred to in Article 2

(xix) of the Treaty in relation to an international application referred to in

Article 2 (vii) of the Treaty (limited to applications for utility model

registration) which includes Japan as a designated State under Article 4 (1)(ii)

of the Treaty, the applicant of the international application may make a

request to the effect that the Commissioner of the Patent Office shall render a

decision provided in Article 25 (2)(a) of the Treaty as specified by an Ordinance

of the Ministry of Economy, Trade and Industry within a period specified by

the Ordinance of the Ministry of Economy, Trade and Industry.

(2) Any person who makes a request referred to in the preceding paragraph with

regard to an international application in foreign language shall submit, at the

time of filing the request to the Commissioner of the Patent Office, Japanese

translations of documents concerning the international application as specified

by an Ordinance of the Ministry of Economy, Trade and Industry, including the

description, scope of claims, drawings (limited to the descriptive text in the

drawings), and abstract.

(3) Upon receiving a request referred to in paragraph (1), the Commissioner of

the Patent Office shall render a decision on whether the refusal, declaration or

finding relating thereto may be justified in the light of the provisions of the

Treaty and the Regulations under the Patent Cooperation Treaty.

(4) Where the Commissioner of the Patent Office has rendered a decision under

the provisions of the preceding paragraph to the effect that the refusal,

declaration or finding referred to in the said paragraph is not justifiable in the

light of the provisions of the Treaty and the Regulations under the Patent

Cooperation Treaty, the international application for which the decision was

rendered shall be deemed to be an application for utility model registration

filed on the date which would have been recognized as the international filing

date if no such refusal, declaration or finding had been made for the

international application.

(5) The provisions of Article 48-6, paragraphs (1) and (2), Article 48-7, Article 48-

8, paragraph (3), Article 48-9, Article 48-10, paragraphs (1), (3) and (4), and

Articles 48-12 to 48-14 of the Utility Model Act and Article 184-3, paragraph

(2), Article 184-9, paragraph (6), Article 184-12, paragraph (1) and Article 184-

14 of the Patent Act shall apply mutatis mutandis to international applications

that are deemed to be an application for utility model registration under the

provisions of the preceding paragraph. In this case, the technical replacement

of terms necessary for the mutatis mutandis application of the said provisions

shall be specified by Cabinet Order.

Chapter VIII Miscellaneous Provisions

(Registration in the utility model registry)

Article 49 (1) The following matters shall be registered in the utility model

registry maintained at the Patent Office:

(i) the establishment, transfer, modification due to trust, lapse, restoration, or

restriction on disposition of utility model rights;

(ii) the establishment, maintenance, transfer, modification, lapse, or restriction

on disposal of exclusive licenses; and

(iii) the establishment, transfer, modification, lapse, or restriction on disposal

of rights of pledge for the purpose of utility model rights or exclusive licenses.

(2) The utility model registry may be prepared, in whole or in part, in the form of

magnetic tapes (including other storage media using a method equivalent

thereto that may reliably record and store certain matters, the same shall

apply hereinafter).

(3) In addition to what is provided in the Utility Model Act, matters necessary for

registration shall be specified by Cabinet Order.

(Issuance of certificate of utility model registration)

Article 50 (1) The Commissioner of the Patent Office shall issue a certificate of

utility model registration to the holder of utility model right when the

establishment of the utility model right has been registered, when any

correction referred to in Article 14-2, paragraph (1) has been made, or when

the transfer of the utility model right has been registered based on a request

made under the provisions of Article 17-2, paragraph (1).

(2) Matters with regard to re-issuance of certificates of utility model registration

shall be specified by Ordinance of the Ministry of Economy, Trade and Industry.

(Special provisions for utility model registration or utility model right covering

two or more claims)

Article 50-2 Concerning utility model registrations or utility model rights

covering two or more claims, for the purposes of the application of the

provisions of Article 12, paragraph (2), Article 14-2, paragraph (8) of the

Utility Model Act, Article 97, paragraph (1) or Article 98, paragraph (1), item

(i) of the Patent Act as applied mutatis mutandis pursuant to Article 26 of this

Act, Article 34, paragraph (1), item (iii), Article 37, paragraph (3), Article 125

of the Patent Act as applied mutatis mutandis pursuant to Article 41 of this

Act, Article 132, paragraph (1) of the Patent Act as applied mutatis mutandis

in Article 174, paragraph (3) of the Patent Act as applied mutatis mutandis

pursuant to Article 41 or Article 45, paragraph (1) of this Act, Article 44 of this

Act, Article 176 of the Patent Act as applied mutatis mutandis pursuant to

Article 45, paragraph (1) of this Act, Article 49, paragraph (1), item (i) of this

Act, or Article 193, paragraph (2), item (v) of the Patent Act as applied mutatis

mutandis pursuant to Article 53, paragraph (2) of this Act, the utility model

registration shall be deemed to have been granted, or the utility model right

shall be deemed to exist, for each claim.

(Indication of utility model registration)

Article 51 A holder of utility model right, exclusive licensee or non-exclusive

licensee shall make efforts to place an indication (hereinafter referred to as an

"indication of utility model registration") as specified by an ordinance of the

Ministry of Economy, Trade and Industry, on an article in which a registered

utility model has been embodied, or package thereof, indicating to the effect

that a registered utility model has been embodied in the article.

(Prohibition of false indication)

Article 52 No person shall commit any of the following acts.

(i) an act of placing an indication of utility model registration or an indication

that is liable to cause confusion therewith on an article in which a registered

utility model has not been embodied or on the package thereof;

(ii) an act of assigning, leasing or displaying for the purpose of assigning or

leasing an article in which a registered utility model has not been embodied,

or place an indication of utility model registration or an indication that is

liable to cause confusion therewith on the article or on the package thereof;

(iii) Regarding an article in which a registered utility model has not been

embodied, an act of placing in an advertisement an indication to the effect

that the registered utility model has been embodied in the article or an

indication that is liable to cause confusion therewith, for the purpose of

having the article manufactured or used, or assigning or leasing the article.

(Utility model gazette)

Article 53 (1) The Patent Office shall publish a utility model gazette.

(2) The provisions of Article 193, paragraph (2) (limited to the parts with respect

to items (iv) to (vi), (viii) and (ix)) shall apply mutatis mutandis to the utility

model gazettes.

(Fees)

Article 54 (1) The following persons shall pay the amount of fees specified by

Cabinet Order in view of the actual costs:

(i) persons who file a request for extension of the duration under the provisions

of Article 5, paragraph (1) of the Patent Act as applied mutatis mutandis

pursuant to Article 2-5, paragraph (1) of this Act, Article 32, paragraph (3) of

this Act, or Article 4 of the Patent Act as applied mutatis mutandis pursuant

to Article 14-2, paragraph (5), Article 39-2, paragraph (4), Article 45,

paragraph (2) or Article 54-2, paragraph (5) of this Act, or a request for

change of the date under the provisions of Article 5, paragraph (2) of the

Patent Act as applied mutatis mutandis pursuant to Article 2-5, paragraph

(1) of this Act;

(ii) persons who notify of succession under the provisions of Article 34,

paragraph (4) of the Patent Act as applied mutatis mutandis pursuant to

Article 11, paragraph (2) of this Act;

(iii) persons who file a request for re-issuance of a certificate of utility model

registration;

(iv) persons who file a request for issuance of a certificate under the provisions

of Article 186, paragraph (1) of the Patent Act as applied mutatis mutandis

pursuant to Article 55, paragraph (1) of this Act;

(v) persons who file a request for issuance of a certified copy of documents or

an extract of documents under the provisions of Article 186, paragraph (1) of

the Patent Act as applied mutatis mutandis pursuant to Article 55,

paragraph (1) of this Act;

(vi) persons who file a request for inspection or copy of documents under the

provisions of Article 186, paragraph (1) of the Patent Act as applied mutatis

mutandis pursuant to Article 55, paragraph (1); or

(vii) persons who file a request for issuance of documents stating matters

stored on the part made of the magnetic tapes in the utility model registry

under the provisions of Article 186, paragraph (1) of the Patent Act as

applied mutatis mutandis pursuant to Article 55, paragraph (1) of this Act.

(2) The persons listed in the middle column of the appended table shall pay the

amount of fees specified by Cabinet Order within the scope listed in the lower

column of the table.

(3) The provisions of the preceding two paragraphs shall not apply where a

person who should pay the fee under these provisions is the State.

(4) Where the State has joint ownership of a utility model right or the right to

obtain a utility model registration with person(s) other than the State, and the

portion of their respective shares of the said right has been agreed on,

notwithstanding the provisions of paragraph (1) or (2), the fees payable by the

State and other persons for their utility model right or right to obtain a utility

model registration under the provisions of paragraph (1) or (2) (limited to the

fees specified by Cabinet Order other than the fees for the filing of a request

for utility model technical opinion) shall be determined as the sum of the fees

provided in such provisions multiplied by the ratios of the share of each person

other than the State, and, the person(s) other than the State shall pay such

sum.

(5) Where the State or a person entitled to receive a reduction of the fees for the

request for utility model technical opinion or exemption therefrom under the

provisions of paragraph (8) or of any other laws and regulations (hereinafter

referred to as "reduction/exemption" in this paragraph) has joint ownership of

a utility model right or the right to obtain a utility model registration with

other person(s), and the portion of their respective shares of said right has

been agreed on, notwithstanding the provisions of paragraph (2), the fees for

the request for utility model technical opinion payable by such persons for

their utility model right or right to obtain a utility model registration under

the provisions of paragraph (2) shall be determined as the sum of the amounts

calculated for each person other than the State jointly owning the right, by

multiplying the applicable fees for the request for utility model technical

opinion provided in paragraph (2) (in the case of a person who receives the

reduction/exemption, the amount obtained after applying the said

reduction/exemption) by the ratios of the share of each person other than the

State, and the person(s) other than the State shall pay such sum.

(6) Where the amount of the fees calculated under the provisions of the two

preceding paragraphs has fractional figures less than ten yen, the said portion

shall be discarded.

(7) The payment of the fees referred to in paragraphs (1) and (2) shall be made by

patent revenue stamps as specified by an ordinance of the Ministry of Economy,

Trade and Industry; provided, however, that where so provided by an

Ordinance of the Ministry of Economy, Trade and Industry, a payment in cash

thereof may be accepted.

(8) Where the creator of a device claimed in an application for utility model

registration or of a registered utility model, or his/her heir, files a request for

utility model technical opinion with regard to the device claimed in the

application for utility model registration or the registered utility model, if the

Commissioner of the Patent Office recognizes that the person has difficulties in

paying the fees for the request for utility model technical opinion to be paid

under the provisions of paragraph (2) due to insufficient financial means,

he/she may grant the person a reduction of or exemption from the payment of

the fees as specified by Cabinet Order.

(Refund of fees)

Article 54-2 (1) After a request for utility model technical opinion has been filed,

where the request is deemed not to have been filed under the provisions of

Article 12, paragraph (7), the fees for the request paid under the provisions of

Article 54, paragraph (2) shall be refunded to the person.

(2) Where a request for invalidation trial of utility model registration has been

withdrawn within the period provided in Article 39-2, paragraph (3) or (5) (or,

in the case where the period provided in Article 39-2, paragraph (3) has been

extended under the provisions of Article 4 of the Patent Act as applied mutatis

mutandis pursuant to Article 39-2, paragraph (4), within the extended period),

the fees for the request for invalidation trial paid under the provisions of

Article 54, paragraph (2) shall be refunded to the person upon his/her request.

(3) No request for refund of the fees under the provisions of the preceding

paragraph may be filed after six months have elapsed from the date on which

the request for invalidation trial of utility model registration was withdrawn.

(4) Where an intervenor of an invalidation trial of utility model registration has

withdrawn his/her application for intervention within 30 days from the receipt

of notice under the provisions of Article 39, paragraph (5), the fees for filing

the application for intervention paid by the intervenor under the provisions of

Article 54, paragraph (2) shall be refunded to the intervenor upon his/her

request.

(5) The provisions of Article 4 of the Patent Act shall apply mutatis mutandis to

the period provided in paragraph (4). In this case, the term "The Commissioner

of the Patent Office" in the said Article shall be deemed to be replaced with

"The chief trial examiner."

(6) Where, due to reasons beyond the control of an intervenor of an invalidation

trial of utility model registration, he/she is unable to withdraw the application

for intervention within the period provided in paragraph (4), if the intervenor

has withdrawn the application within 14 days (in the case where the

intervenor is an overseas resident, within two months) from the date on which

the reasons ceased to exist and not later than six months following the

expiration of the said period, notwithstanding the provisions of the said

paragraph, the fees for filing the application for intervention paid by the

intervenor under the provisions of Article 54, paragraph (2) shall be refunded

to the intervenor upon his/her request.

(7) No request for refund of the fees under the provisions of paragraphs (4) and

(6) may be filed after six months have lapsed from the date on which the

application for intervention was withdrawn.

(8) Where an intervenor of an invalidation trial of utility model registration has

not withdrawn his/her application for intervention, if the request for trial is

withdrawn within the period provided in paragraph (4) or (6) (or, in the case

where the period provided in paragraph (4) has been extended under the

provisions of Article 4 of the Patent Act as applied mutatis mutandis pursuant

to paragraph (5), within the extended period), the fees for the application for

intervention paid by the intervenor under Article 54, paragraph (2) shall be

refunded to the intervenor upon his/her request; provided, however, that this

shall not apply where the trial procedures have been continued under the

provisions of 148, paragraph (2) of the Patent Act as applied mutatis mutandis

pursuant to Article 41.

(9) No request for refund of the fees under the provisions of the preceding

paragraph may be filed after one year has lapsed from the date on which the

request for invalidation trial of utility model registration was withdrawn.

(10) Fees paid in excess or in error shall be refunded upon the request of the

person who made a payment thereof.

(11) No request for refund of the fees under the provisions of paragraph (11) may

be filed after one year has lapsed from the date on which the payment thereof

has been made.

(12) Where, due to reasons beyond the control of a person who files a request for

refund of fees under the provisions of paragraphs (2), (4) or (6), (8) or (10),

within the period provided in paragraphs (3), (7), (9) or (11), notwithstanding

the provisions of these paragraphs, the person may file such a request within

14 days (in the case where the person is an overseas resident, within two

months) from the date on which the reasons ceased to exist and not later than

six months following the expiration of the period provided in these provisions.

(Application mutatis mutandis of the Patent Act)

Article 55 (1) The provisions of Article 186 (request for certificate, etc.) of the

Patent Act shall apply mutatis mutandis to utility model registrations.

(2) The provisions of Articles 189 to 192 (service) of the Patent Act shall apply

mutatis mutandis to services under the provisions of this Act.

(3) The provisions of Article 194 of the Patent Act shall apply mutatis mutandis

to the procedures. In this case, the term "an examination" in paragraph (2) of

the said Article shall be deemed to be replaced with "a utility model technical

opinion provided in Article 12, paragraph (1) of the Utility Model Act."

(4) The provisions of Article 195-3 of the Patent Act shall apply mutatis

mutandis to dispositions under the provisions of this Act or regulations for

order issued based on this Act.

(5) The provisions of Article 195-4 (Restriction on request for examination under

the provisions of the Administrative Appeal Act) of the Patent Act shall apply

mutatis mutandis to trial decisions, decisions dismissing a written request for

trial or retrial, and dispositions against which no appeal may be filed or

inaction under the provisions of this Act.

Chapter IX Penal Provisions

(Crime of infringement)

Article 56 Any person who infringes a utility model right or exclusive license

shall be punished by imprisonment with work for a term not exceeding five

years or a fine not exceeding 5,000,000 yen or combination thereof.

(Crime of fraud)

Article 57 Any person who has obtained a utility model registration or a trial

decision by means of a fraudulent act shall be punished by imprisonment with

work for a term not exceeding one year or a fine not exceeding 1,000,000 yen.

(Crime of placing false indication)

Article 58 Any person who violates the provisions of Article 52 shall be punished

by imprisonment with work for a term not exceeding one year or a fine not

exceeding 1,000,000 yen.

(Crime of perjury, etc.)

Article 59 (1) Any witness, expert witness or interpreter who has sworn under

the provisions of this Act and made a false statement or given a false expert

opinion or interpretation to the Patent Office or the court commissioned

thereby shall be punished by imprisonment with work for a term not less than

three months but not exceeding ten years.

(2) Where any person who has committed a crime referred to in the preceding

paragraph has made a voluntary confession before a certified copy of the

judgment relating to the case has been served or a trial decision has become

final and binding, the punishment may be reduced or exculpated.

(Crime of divulging secrets)

Article 60 Any present or former official of the Patent Office who has divulged or

misappropriated any secret relating to a device claimed in a pending

application for utility model registration that has become known to him/her in

the course of performing his/her duties shall be punished by imprisonment

with work for a term not exceeding one year or a fine not exceeding 500,000

yen.

(Crime of violation of protective order)

Article 60-2 (1) Any person who violates a protective order under the provisions

of Article 105-4, paragraph 1 of the Patent Act as applied mutatis mutandis

pursuant to Article 30 shall be punished by imprisonment with work for a term

not exceeding five years or a fine not exceeding 5,000,000 yen or combination

thereof.

(2) The public prosecution of the crime referred to in the preceding paragraph

may not be instituted unless a complaint is filed.

(3) The crime referred to in paragraph (1) shall apply to any person who commits

the crime outside Japan.

(Dual liability)

Article 61 (1) Where a representative of a juridical person, or an agent, employee

or other worker of a juridical person or an individual has committed, in the

course of performing his/her duties for the juridical person or individual, any

act in violation of the provisions listed in any of the following items, in addition

to the offender, the juridical person shall be punished by a fine as specified in

the respective items and the individual shall be punished by a fine as referred

to in the Article:

(i) Article 56 or 60-2, paragraph (1), a fine not exceeding 300 million yen; and

(ii) Article 57 or 58, a fine not exceeding 30 million yen.

(2) In the case of the preceding paragraph, a complaint referred to in Article 60-2,

paragraph (2) against the offender shall also have effect on the juridical person

or individual and a complaint against the juridical person or individual shall

also have effect on the offender.

(3) Where a fine is imposed on any juridical person or individual under the

provisions of paragraph (1) with regard to any act committed in violation of

Article 56 or 60-2, paragraph (1), the period of prescription provided for the

crime in these Articles shall apply.

(Civil fine)

Article 62 Where any person who has sworn under the provisions of Article 207,

paragraph (1) of the Code of Civil Procedure as applied mutatis mutandis

under Article 151 of the Patent Act which is applied mutatis mutandis under

Articles 71, paragraph (3) of the Patent Act as applied mutatis mutandis

pursuant to Article 26 of this Act, is applied mutatis mutandis under Article 41

of this Act, or is applied mutatis mutandis under Article 174, paragraph (3) of

the Patent Act as applied mutatis mutandis pursuant to Article 45, paragraph

(1) of this Act has made a false statement before the Patent Office or a court

commissioned thereby, the said person shall be punished by a civil fine not

exceeding 100,000 yen.

Article 63 Any person who has been summoned by the Patent Office or a court

commissioned thereby under the provisions of this Act, and fails to appear or

refuses to swear, make a statement, testify, give an expert opinion or interpret,

without a justifiable ground, shall be punished by a civil fine not exceeding

100,000 yen.

Article 64 Any person who has been ordered by the Patent Office or a court

commissioned thereby to submit or present documents or other materials for

the purpose of examination or preservation of evidence under the provisions of

this Act and fails to comply with the order, without a justifiable ground, shall

be punished by a civil fine not exceeding 100,000 yen.

Supplementary Provisions

The effective date of this Act shall be prescribed separately by an Act.

Supplementary Provisions [Act No. 140 of May 16, 1962 Extract] [Extract]

(1) This Act shall come into effect as from October 1, 1962.

(2) Unless otherwise provided for in the Supplementary Provisions, the

provisions revised by this Act shall also apply to any matters that have arisen

prior to the enforcement of this Act; provided, however, that this shall not

preclude the effect that has arisen under the provisions prior to revision by

this Act.

(3) With regard to lawsuits actually pending at the time of the enforcement of

this Act, the provisions then in force shall remain applicable, notwithstanding

the provisions revised by this Act to the effect that the lawsuits may not be

filed.

(4) With regard to jurisdiction over lawsuits actually pending at the time of the

enforcement of this Act, the provisions then in force shall remain applicable,

notwithstanding the provisions revised by this Act to the effect that the

jurisdiction shall be the exclusive jurisdiction.

(5) With regard to the statute of limitations for filing a lawsuit concerning a

disposition or determination, for which the statute of limitations for filing a

lawsuit pursuant to the provisions prior to revision by this Act has actually

progressed at the time of the enforcement of this Act, the provisions then in

force shall remain applicable; provided, however, that this shall be limited to

the cases where the statute of limitations for filing a lawsuit pursuant to the

provisions revised by this Act is shorter than that pursuant to the provisions

prior to revision by this Act.

(6) The statute of limitations for filing a party suit concerning a disposition

imposed or a determination made prior to the enforcement of this Act, for

which the statute of limitations has come to be set due to the revision by this

Act, shall be counted from the date of enforcement of this Act.

(7) With regard to actions seeking rescission of a disposition or determination

that are actually pending at the time of the enforcement of this Act, the

provisions then in force shall remain applicable, notwithstanding the

provisions revised by this Act to the effect that one party to the legal

relationship shall be the defendant; provided, however, that the court may,

upon the plaintiff's application, permit to change the action into a party suit by

its ruling.

(8) The provisions of the second sentence of Article 18, and Article 21,

paragraphs (2) to (5) inclusive of the Administrative Case Litigation Act shall

apply mutatis mutandis to the cases referred to in the proviso to the preceding

paragraph.

Supplementary Provisions [Act No. 161 of September 15, 1962 Extract]

[Extract]

(1) This Act shall come into effect as from October 1, 1962.

(2) The provisions revised by this Act shall also apply to the dispositions by an

administrative agency taken prior to the enforcement of this Act, the inaction

by an administrative agency pertaining to an application filed prior to the

enforcement of this Act or other matters that have arisen prior to the

enforcement of this Act, except as otherwise provided for in these

Supplementary Provisions; provided, however, that those provisions shall not

preclude the effect that has arisen pursuant to the provisions prior to revision

by this Act.

(3) With regard to petitions, applications for examination, objections or other

appeals (hereinafter referred to as "Petitions, etc.") filed prior to the

enforcement of this Act, the provisions then in force shall remain applicable

even after the enforcement of this Act. The same shall apply to Petitions, etc.

filed in the case of dissatisfaction with determinations, rulings or other

dispositions on Petitions, etc., which have been made prior to the enforcement

of this Act (hereinafter referred to as "Determinations, etc."), or a judgment,

etc., made after the enforcement of this Act in regard to Petitions, etc., filed

prior to the enforcement of this Act.

(4) The Petitions, etc. prescribed in the preceding paragraph that relate to a

disposition on which an appeal may be filed pursuant to the Administrative

Appeal Act after this Act comes into effect shall be deemed to be appeals

pursuant to the Administrative Appeal Act with regard to the application of

the Acts other than said Act.

(5) No appeal pursuant to the Administrative Appeal Act may be entered against

the Determinations, etc. on an application for examination, an objection or

other appeals filed after this Act comes into effect pursuant to the provision of

paragraph (3).

(6) With regard to a disposition imposed by an administrative agency prior to the

enforcement of this Act, on which the Petitions, etc. may be filed pursuant to

the provisions prior to revision by this Act and for which the statute of

limitations has not been set, the statute of limitations for filing an appeal

pursuant to the Administrative Appeal Act shall be counted from the date of

enforcement of this Act.

(8) With regard to the application of penal provisions to acts committed prior to

the enforcement of this Act, the provisions then in force shall remain

applicable.

(9) In addition to what is prescribed for in the foregoing eight paragraphs,

transitional measures necessary for the enforcement of this Act shall be

specified by a Cabinet Order.

Supplementary Provisions [Act No. 148 of July 4, 1964]

This Act shall come into effect as from the date specified by a Cabinet Order

within a period not exceeding nine months from the date of promulgation.

Supplementary Provisions [Act No. 81 of May 24, 1965 Extract] [Extract]

This Act shall come into effect as from the date on which the Accession to 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.

Supplementary Provisions [Act No. 91 of May 22, 1970 Extract] [Extract]

(Effective date)

Article 1 This Act shall come into effect as from January 1, 1971.

(Application to the Patent Act prior to revision)

Article 2 With regard to patent applications actually pending before the Japan

Patent Office at the time of the enforcement of this Act, until the examiner's

decision or a trial decision for the patent applications becomes final and

binding, the provisions then in force shall remain applicable, except where it

has otherwise been provided for.

(Patent fees)

Article 3 With regard to patent fees that have been paid or should be paid prior

to the enforcement of this Act, notwithstanding Article 107, paragraph (1) of

the revised Patent Act (hereinafter, referred to as the "New Patent Act"), the

provisions then in force shall remain applicable.

(Grounds for invalidation of a patent)

Article 4 With regard to grounds for invalidation of patent applications that

have been filed prior to the enforcement of this Act, the provisions then in force

shall remain applicable notwithstanding Article 29-2 and Article 123,

paragraph (1), item (i) of the new Patent Act.

(Fees for filing a patent application)

Article 5 Provisions of Article 195, paragraph (1) of the new Patent Act shall

apply to fees to be paid after the enforcement of this Act; provided, however,

that, with respect to fees of item (iv) of the appended table of the new Patent

Act, those shall not apply to the patent applications filed prior to the

enforcement of this Act.

(Transitional measures upon revision of the Utility Model Act)

Article 6 Provisions of Article 2 through the preceding Article of the

Supplementary Provisions shall apply mutatis mutandis with respect to

transitional measures upon revision of the Utility Model Act pursuant to the

provision of Article 2.

(Delegation to a Cabinet Order)

Article 9 In addition to what is prescribed by the preceding Articles, transitional

measures necessary for the enforcement of this Act shall be specified by a

Cabinet Order.

Supplementary Provisions [Act No. 96: June 1, 1971 Extract] [Extract]

(Effective date, etc.)

(1) This Act shall come into effect as from the date of promulgation.

Supplementary Provisions [Act No. 46: June 1, 1975 Extract] [Extract]

(Effective date)

Article 1 This Act shall come into effect as from January 1, 1976; provided,

however, that the revising provisions listed as follows shall come into effect as

from the date listed in the relevant item:

(i) The date of promulgation of :the revised provisions of the table of Article

107 (1) of the Patent Act and of the appended table of the Patent Act, among

provisions of Article 1; the revised provisions of Article 31, paragraph (1) of

the Utility Model Act and of the appended table of the Utility Model Act,

among provisions of Article 2; the revised provisions of Articles 42,

paragraphs (1) and (2) of the Utility Model Act and of the appended table of

the Utility Model Act, among provisions of Article 3; the revised provisions of

Articles 40, paragraphs (1) and (2) of the Trademark Act and of the appended

table of the Trademark Act, among provisions of Article 4; and the provisions

of paragraph (2) of the following Article and of Articles 3, paragraph (1),and

4 of the Supplementary Provisions.

(ii) The effective date of the revised provisions of the proviso to Article 17,

paragraph (1) (excluding the part revising "and Article 64" to "Articles 17-3

and 64"), among provisions of Article 1; the revised provisions Article 13-2,

paragraph (1) of the Utility Model Act among provisions of Article 2; the

revised provisions of Article 4, paragraph (1) item (ii), Article 9, paragraph

(1) among provisions of Article 4 and the provisions of Article 5; and the

provisions of Articles 1 to 12 of the Paris Convention pursuant to the

provisions of Article 20, paragraph (2), item (C) of 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.

(Transitional measures upon revision of the Patent Act)

Article 2 (1) With respect to patent applications actually pending at the time of

enforcement of this Act, the provision then in force shall remain applicable

until the examiner's decision or trial decision for the patent applications has

become final and binding, except the fees that should be paid pursuant to the

provision of Article 195, paragraph (1) of the revised Patent Act.

(2) With respect to patent fees that have been paid or should be paid prior to the

date prescribed by item (i) of the proviso through the preceding Article, the

provisions then in force shall remain applicable, notwithstanding the provision

of Article 107, paragraph (1) of the revised Patent Act.

(3) With respect to grounds for invalidation of patent applications that have been

filed prior to the enforcement of this Act, the provisions then in force shall

remain applicable.

(Transitional measures upon revision of the Utility Model Act)

Article 3 (1) The provision of paragraph (1) of the preceding Article shall apply

mutatis mutandis to utility model applications actually pending before the

Japan Patent Office at the time of the enforcement of this Act, and the

provision of paragraph (3) of the preceding Article shall apply mutatis

mutandis to ground for invalidation of utility model registrations pertaining to

utility models that have been filed prior to the enforcement of this Act.

(2) The provisions of the paragraph (2) of the preceding Article shall apply

mutatis mutandis to registration fees that have been paid or should be paid

prior to the date prescribed by item (i) of the proviso to Article 1 of

Supplementary Provisions.

Supplementary Provisions [Act No. 27 of April 24, 1978 Extract] [Extract]

(Effective date)

(1) This Act shall come into effect as from the date of promulgation; provided,

however, that the revised provisions of paragraph (1) of Article 11 of the Act on

Real Estate Appraising and Valuation in Article 1 of this Act, the provisions of

Articles 2, 3, 5 and 6, the revised provisions of paragraph (1) of Article 107 of

the Patent Act in Article 19 of this Act, the revised provisions of paragraph (1)

of Article 31 of the Utility Model Act in Article 20 of this Act, the revised

provisions of paragraphs (1) and (2) of Article 42 of the Design Act in Article 21

of this Act, the revised provisions of paragraphs (1) and (2) of Article 40 of the

Trademark Act in Article 22 of this Act, the revised provisions of paragraph (2)

of Article 5 of the Guide Interpreter Act in Article 28 of this Act, and the

provisions of Articles 29 and 30 shall come into effect as from May 1, 1978.

(Transitional measures)

(2) With regard to the following examination fees, etc., the provisions then in

force shall remain applicable.

(i) to (iii) snipped

(iv) The registration fees that have been paid or should be paid prior to the

enforcement of the revised provisions of Article 31, paragraph (1) of the

Utility Model Act.

Supplementary Provisions [Act No. 30 of April 26, 1978 Extract] [Extract]

(Effective date)

Article 1 This Act shall come into effect as from the day when the Convention

becomes effective in Japan; provided however, that the provisions of Chapter

III shall come into effect as from the day when the agreement prescribed by

Article 16 (3)(b) of the Convention comes into effect in the Japan Patent Office,

and the provisions of Chapter IV and the following Article shall come into

effect as from the day when the agreement prescribed by Article 16 (3)(b) of the

Convention as applied mutatis mutandis pursuant to Article 32 (3) of the

Convention comes into effect in the Japan Patent Office.

Supplementary Provisions [Act No. 30 of May 19, 1981 Extract] [Extract]

(Effective date)

(1) This Act shall come into effect as from the date of promulgation; provided

however, that the revised provisions of Article 11, paragraph (1) of the Act on

Real Estate Appraising and Valuation in Article 1 of this Act, the provisions of

Articles 2, 3, 5 and 6, the revised provisions of Article 107, paragraph (1) of the

Patent Act in Article 19 of this Act, the revised provisions of Article 31,

paragraph (1) of the Utility Model Act in Article 20 of this Act, the revised

provisions of Article 42, paragraphs (1) and (2) of the Design Act in Article 21

of this Act, the revised provisions of Article 40, paragraphs (1) and (2) of the

Trademark Act in Article 22 of this Act, the revised provisions of paragraph (2)

of Article 5, paragraph (2) of the Guide Interpreter Act in Article 29 of this Act,

and the provisions of Articles 30 shall come into effect as from June 1, 1981.

(Transitional measures)

(2) With regard to the following examination fees, etc., the provisions then in

force shall remain applicable.

(i) to (iii) snipped

(iv) The registration fees that have been paid or should be paid prior to the

enforcement of the revised provisions of Article 31, paragraph (1) of the

Utility Model Act.

Supplementary Provisions [Act No. 23 of May 1, 1984 Extract] [Extract]

(Effective date)

(1) This Act shall come into effect as from the date on which twenty days have

lapsed from the date of promulgation; provided however, that the provisions of

Articles 24 through 27 and paragraphs (3) and (4) of Supplementary Provisions

shall come into effect as from August 1, 1984.

(Transitional measures)

(2) With regard to the following examination fees, etc., the provisions then in

force shall remain applicable.

(i) and (ii) snipped

(iii) The registration fees that have been paid or should be paid prior to the

enforcement of the revised provisions of Article 31, paragraph (1) of the

Utility Model Act.

Supplementary Provisions [Act No. 24 of May 1, 1984 Extract] [Extract]

(Effective date)

Article 1 This Act shall come into effect as from July 1, 1984.

(Transitional Measures upon the start of payment by patent revenue stamps)

Article 8 Notwithstanding the provisions of the Patent Act, the revised Utility

Model Act, the revised Design Act, the revised Trademark Act or the revised

Act on the International Applications under the Patent Cooperation Treaty

that are revised pursuant to Article 3 through the preceding Article of

Supplementary Provisions, when patent fees, patent surcharges, fees,

registration fees, or registration surcharges are paid within two weeks as from

the date of enforcement of this Act, revenue stamps or patent stamps may be

used.

Supplementary Provisions [Act No. 41 of May 28, 1985 Extract] [Extract]

(Effective date)

Article 1 This Act shall come into effect as from the date to be specified by a

Cabinet Order within a period not exceeding six months from the date of

promulgation.

(Transitional measures)

Article 3 With respect to amendments on the description or the drawings

attached to an application for patent or utility model registration (limited to

those filed prior to the service of a certified copy of ruling that publication of

an unexamined application should be done), which have been filed prior to the

enforcement of this Act and have been dismissed by a ruling that they change

the gist of the description or drawings attached to the said application, the

provisions of the Patent Act and the Utility Model Act prior to revision by this

Act shall remain applicable even after the enforcement of this Act.

Article 4 With regard to the application of penal provisions to acts committed

prior to the enforcement of this Act, the provisions then in force shall remain

applicable

(Delegation to a Cabinet Order)

Article 5 In addition to what is prescribed by the preceding Articles, transitional

measures necessary for the enforcement of this Act shall be specified by a

Cabinet Order.

Supplementary Provisions [Act No. 27 of May 25, 1987 Extract] [Extract]

(Effective date)

Article 1 This Act shall come into effect as from January 1, 1988; provided,

however, that the provisions listed as follows shall come into effect as from the

date listed in the relevant item:

(i) The revised provisions adding a second sentence to Article 15, paragraph (1)

of the Design Act, the revised provisions of Article 42, paragraphs (1) and (2)

of the said Act, the revised provisions of Article 49 of the said Act and the

revised provisions of the appended table of the said Act, in the provisions of

Articles 1, 3 and 5 of this Act; the revised provisions adding a second

sentence to Article 13, paragraph (1) of the Trademark Act, the revised

provisions of Article 40, paragraphs (1) and (2) of the said Act, and the

revised provisions of the appended table of the said Act, in the provisions of

Article 6 of this Act; and the revisions of the next Article, Articles 4, 6, 7, 8

and 11 of Supplementary Provisions: June 1, 1987

(ii) The provisions for revising Article 184-4, paragraphs (1) to (4) of the Patent

Act, the provisions for revising Article 184-5, paragraphs (1) and (2), items (i)

and (iv) of the said Act, the provisions for revising Article 184-6, paragraph

(2) of the said Act, the provisions for revising Article 184-7, paragraph (1) of

the said Act, the provisions for revising Article 184-8 of the said Act, the

provisions for revising Article 184-9, paragraph (1) of the said Act, the

provisions for revising Article 184-10-2, paragraphs (1) and (2) of the said

Act, the provisions for revising Article 184-11, paragraph (1) of the said Act,

the provisions for revising Article 184-11-2 of the said Act, the provisions for

revising Article 184-11-3, paragraph (4) of the said Act, the provisions for

revising Article 184-12 of the said Act, the provisions for revising Article

184-13 of the said Act and the provisions for revising Article 184-16,

paragraph (5) of the said Act, in the provisions of Article 2 of this Act; the

provisions for revising Articles 48-4, paragraphs (1) to (4) of the Utility

Model Act, the provisions for revising Article 48-5, paragraphs (1) and (2),

items (i) and (iv) of the said Act, the provisions for revising Article 48-6,

paragraph (2) of the said Act, the provisions for revising Article 48-7,

paragraphs (1) and (2), the provisions for revising Article 48-8, paragraph (1)

of the said Act, the provisions for revising Article 48-8-2, paragraph (4) of the

said Act, the provisions for revising Article 48-9 of the said Act, the revisions

for revising 48-10 of the said Act, and the provisions for revising Article 48-

14, paragraphs (5) of the said Act in the provisions of Article 4 of this Act;

and provisions for revising Article 13-2, paragraphs (1) and (2) of the Design

Act, in the provisions of Article 5 of this Act: the day when the revocation of

the declaration under the Article 64, paragraph (2), item (a) of the Patent

Cooperation Treaty provided for in said Article, paragraph (6) (b) of the

Treaty signed in Washington on June 19, 1970 pursuant to the provisions of

Article 64, paragraph (6), item (b) of the said Act becomes effective

(Transitional measures upon revision of the Utility Model Act pursuant to the

provisions of Article 3)

Article 4 (1) With regard to registration fees that have already been paid prior to

the date prescribed by item (i) in the proviso of Article 1 of the Supplementary

Provisions or those that should be paid prior to the same date, of which

payment is deferred pursuant to the provisions of Article 109 of the Patent Act

applied mutatis mutandis in Article 34 of the Utility Model Act (limited to

those to be paid within the grace period thereof), the provisions then in force

shall remain applicable, notwithstanding the provisions of Article 31,

paragraph (1) of the Utility Model Act revised by the provisions of Article 3.

(2) With regard to the trial of Article 37, paragraph (1) pertaining to the utility

model right of which establishment has been registered prior to the date

prescribed by item (i) in the proviso of Article 1 of Supplementary Provisions,

the provisions of Article 38 of the Utility Model Act prior to revision pursuant

to the provisions of Article 3 shall remain applicable even after the said date

(Transitional measures upon revision of the Utility Model Act pursuant to the

provisions of Article 4)

Article 5 (1) The provisions of Article 5, paragraph (4), Article 6, Article 11, item

(iii), Article 37, paragraph (1) the non-itemized part thereof, item (iii), Article

41, Article 50-2 and Article 54, paragraph (3) of the revised Utility Model Act

pursuant to the provisions of Article 4 (hereinafter referred to as the "new

Utility Model Act") shall apply to applications of utility model registration filed

after the enforcement of this Act, and with regard to applications of utility

model registration filed prior to the enforcement of this Act, the provisions

then in force shall remain applicable.

(2) With regard to the application of the provisions of Article 31, paragraph (1) of

the new Utility Model Act regarding the payment of registration fees

pertaining to applications of utility model registration filed prior to the

enforcement of this Act, the amounts of registration fees listed in the table of

the said paragraph shall be the amounts listed in the following table.

Period within term Amount

First to third year Annually 2,100 yen plus 100 yen per

claim

Fourth to sixth year Annually 6,100 yen plus 300 yen per

claim

Seventh to tenth year Annually 18,100 yen plus 900 yen

per claim

(3) With regard to the application of the provisions of paragraph (2) of Article 54

of the new Utility Model Act regarding the payment of fees pertaining to

applications of utility model registration filed prior to the enforcement of this

Act, in item (iv) of the appended table "31,000 yen plus 1,000 yen per claim"

shall be "32,000 yen", and in item (ix) of the same table "39,600 yen plus 4,400

yen per claim" shall be "44,000 yen".

(Delegation to a Cabinet Order)

Article 11 In addition to what is prescribed by Articles 2 to 6 and 8 of

Supplementary Provisions, transitional measures necessary for the

enforcement of this Act shall be specified by a Cabinet Order.

Supplementary Provisions [Act No. 30 of June 13, 1990 Extract] [Extract]

(Effective date)

Article 1 This Act shall come into effect as from the date to be specified by a

Cabinet Order within a period not exceeding one year from the date of

promulgation; provided however, that the provisions of Articles 9 and 14,

Article 15, paragraph (2), Article 16 (excluding the parts pertaining to

application mutatis mutandis of Articles 15, paragraphs (1) and (3)), Articles

17 to 19, 21, 22, 24 to 29, and 30 (excluding item (iii)), Articles 32, 34, 36, 37,

and 39 (excluding the parts pertaining to application mutatis mutandis of

Articles 23, 30, 31 and 35), Articles 41 and 42, Article 44, item (ii) and Article 9

of Supplementary Provisions, and the provisions for revising Article 2,

paragraph (2) of the Act on Payment of money for national revenue by revenue

stamps (Act No. 142 of 1948) in Article 2, paragraph (2) of Supplementary

Provisions shall come into effect as from the date to be specified by a Cabinet

Order within a period not exceeding six months from the date of promulgation.

(Delegation to a Cabinet Order)

Article 9 Procedures for consolidating Electronic Data Processing System prior

to the date of enforcement of this Act and other transitional measures

necessary for the enforcement of this Act shall be specified by a Cabinet Order.

Supplementary Provisions [Act No. 26 of April 23, 1993 Extract] [Extract]

(Effective date)

Article 1 This Act shall come into effect as from the date to be specified by a

Cabinet Order within a period not exceeding one year from the date of

promulgation; provided however, that the provisions for revising the table of

Article 107, paragraph (1), the provisions for revising the appended table of the

said Act (excluding a part deleting "(including opposition pertaining to

publication of request" in item (vi) of the same table), and a part changing item

(xii) of the same table to item (xiii) of the same table and adding item (i) next

to (xi) of the same table); the provisions of Article 2 in the provisions of Article

1 of this Act; the revised provisions in Article 42, paragraphs (1) and (2) of the

Design Act, and the provisions for revising the appended table of the said Act

in the provisions of Article 4 of this Act; in the provisions of Article 5, the

provisions for revising Article 40, paragraphs (1) and (2) of the Trademark Act

and the provisions for revising the appended table of the said Act; and the

provisions of paragraph (3) of the following Article and Articles 3, 6 to 10 and

17 of Supplementary Provisions shall come into effect as from July 1, 1993.

(Transitional measures upon revision of the Utility Model Act pursuant to the

provisions of Article 2)

Article 3 With regard to registration fees that have already been paid prior to

the date prescribed by the proviso to Article 1 of the Supplementary Provisions

under the provisions of Article 31, paragraph (1) of the Utility Model Act prior

to revision pursuant to Article 2 or those that should be paid prior to the same

date under the said paragraph, of which payment is deferred pursuant to the

provisions of Article 109 of the former Patent Act applied mutatis mutandis in

Article 34 of the Utility Model (limited to those to be paid within the grace

period thereof), the provisions then in force shall remain applicable,

notwithstanding the provisions of Article 31, paragraph (1), of the Utility

Model Act revised by the provisions of Article 2.

(Transitional measures upon revision of the Utility Model Act pursuant to the

provisions of Article 3)

Article 4 (1) With regard to utility model applications (excluding those filed

under the former Utility Model Act prescribed in paragraph (1) of the following

Article) actually pending at the time of the enforcement of this Act or the

utility model registration, the utility model right, the examiner's decision or

the trial decision pertaining to a utility model application filed prior to the

enforcement of this Act, the provisions of the Utility Model Act prior to revision

(hereinafter referred to as "the former Utility Model Act") pursuant to the

provisions of Article 3, the Patent Attorneys Act prior to revision (Act No. 100

of 1921) pursuant to the provisions of Article 11 of Supplementary Provisions,

the Export Commodities Design Act prior to the revision pursuant to the

provisions of Article 12 of Supplementary Provisions (Act No. 106 of 1959), the

former Patent Act, the Design Act prior to revision pursuant to the provisions

of Article 4 and the Act on Special Provisions of Procedures, etc. concerning

Industrial Property Rights prior to revision pursuant to Article 15 of

Supplementary Provisions (Act No. 30 of 1990, hereinafter referred to as "the

former Special Act" in this paragraph) shall remain applicable. In this case, the

term "Ordinance of Ministry of International Trade and Industry" in Article 54,

paragraph (5) of the former Utility Model Act and in Articles 6, paragraph (3),

Article 7, paragraph (1), and Article 8, paragraph (1) of the former Patent Act,

shall be replaced with "Ordinance of the Ministry of Economy, Trade and

Industry."

(2) In a case of the preceding paragraph, with regard to a trial under Article 37,

paragraph (1), Article 39, paragraph (1) or, Article 48-12, paragraph (1) of the

former Utility Model Act appealed after the enforcement of the Partial

Amendment of the Patent Act (Act No. 63 of 2011, hereinafter referred to as

"2011 Amendment Act"), in the provisions listed in the left-hand column of the

following table of the former Utility Model Act, which shall remain in force

pursuant to the provisions of the preceding paragraph, the terms and phrases

listed in the middle column shall be deemed to be replaced with the terms and

phrases listed in the right-hand column of the same table, and any other

technical replacement of terms necessary for application of the provisions of

the said paragraph shall be specified by a Cabinet Order.

Article and Article 39, paragraph (3) and Article 39, paragraph (7)

7-2, (including cases where applied

paragra mutatis mutandis pursuant to

ph (2) paragraph (9) of Article 40-2)

Article Article 37 (1) Where a utility Article 37 (1) Where a utility

37 model registration falls under

any of the following items, a

request for a trial for

invalidation of utility model

registration may be filed. In the

event of two or more claims, a

request for a trial for

invalidation of utility model

registration may be filed for

each claim.

(i) where the utility model

registration has been granted in

violation of Article 25 of the

Patent Act as applied mutatis

mutandis pursuant to Article 2-5

(3) of this Act, Article 3, Article

3-2, Article 4, paragraphs (1) to

(3) of Article 7 or Article 7(7) of

this Act, or Article 38 of the

Patent Act as applied mutatis

mutandis pursuant to Article

11(1) of this Act;

(ii) where the utility model

registration has been granted in

violation of a treaty;

model registration falls under

any of the following items, a

request for a trial for

invalidation of utility model

registration may be filed. In the

event of two or more claims, a

request for a trial for

invalidation of utility model

registration may be filed for

each claim.

(i) where the utility model

registration has been granted in

violation of Article 25 of the

Patent Act as applied mutatis

mutandis pursuant to Article 2-

5 (3) of this Act, Article 3,

Article 3-2, Article 4,

paragraphs (1) to (3) of Article 7

or Article 7(7) of this Act, or

Article 38 of the Patent Act as

applied mutatis mutandis

pursuant to Article 11(1) of this

Act;

(ii) where the utility model

registration has been granted in

violation of a treaty;

(ii)-2 where the correction of the

description or the drawings

attached to the application of

the utility model registration

has been made in violation of

the provisions of Article 39,

paragraph (1), the proviso or

paragraphs (5) through (7)

(including cases where applied

mutatis mutandis pursuant to

Article 40-2, paragraph (9)), or

Article 40-2, paragraph (1), the

proviso;

(iii) where the utility model

registration has been granted

with respect to an application

for utility model registration

that does not comply with the

requirements provided in Article

5, paragraphs (4) or (5)

(excluding item (iii)) and (6);

(iv) where the utility model

registration has been granted on

an application for a utility model

registration filed by a person

who is not the creator of the

device and has not succeeded to

the right to obtain a utility

model registration for the said

device; and

(v) where, after the grant of a

utility model registration, the

holder of utility model right has

become unable to hold a utility

model right under Article 25 of

the Patent Act as applied

mutatis mutandis pursuant to

Article55, paragraph (3), or the

utility model registration has

become in violation of a treaty.

(2) A request for the trial of the

preceding paragraph may be

filed even after the utility model

right has lapsed.

(iii) where the utility model

registration has been granted

with respect to an application

for utility model registration

that does not comply with the

requirements provided in

Article 5, paragraphs (4) or (5)

(excluding item (iii)) and (6);

(iv) where the utility model

registration has been granted

on an application for a utility

model registration filed by a

person who is not the creator of

the device and has not

succeeded to the right to obtain

a utility model registration for

the said device; and

(v) where, after the grant of a

utility model registration, the

holder of utility model right has

become unable to hold a utility

model right under Article 25 of

the Patent Act as applied

mutatis mutandis pursuant to

Article 55, paragraph (3), or the

utility model registration has

become in violation of a treaty.

(2) Any person may file a

request for the trial of the

preceding paragraph; provided,

however, that where a request

for invalidation trial of utility

model registration is filed on

the ground that the utility

model registration falls under

item (i) of the said paragraph

(limited to the case where the

utility model registration is

obtained in violation of Article

38 of the Patent Act as applied

mutatis mutandis pursuant to

Article 9, paragraph (1)) or item

(iv) of the preceding paragraph),

only an interested person may

file a request for the trial.

(3) Where a request for the trial (3) A request for the trial of

of paragraph (1) has been filed, paragraph (1) may be filed even

the chief trial examiner shall after the utility model right has

notify the exclusive licensee of lapsed.

the utility model right and other

persons who have any registered

rights relating to the utility

model.

(4) Where a request for the trial

of paragraph (1) has been filed,

the chief trial examiner shall

notify the exclusive licensee of

the utility model right and

other persons who have any

registered rights relating to the

utility model.

Articles Articles 39 The holder of utility Articles 39 The holder of utility

39 model right may file a request model right may file a request

through for a trial regarding correction for a trial regarding correction

41 of the description or drawings of the description or drawings

attached to the application, only attached to the application;

for the following purposes. provided however, that the

correction shall be limited to

those for the following purposes:

(i) restriction of the scope of (i) restriction of the scope of

claims; claims;

(ii) correction of errors; and (ii) correction of errors;

(iii) clarification of an (iii) clarification of an

ambiguous statement. ambiguous statement; and

(iv) rewriting the statement of

claims which cite the statement

of another claim in a way it does

not cite the statement of the

said another claim.

(2) Any correction of the (2) The request for a trial of the

description or drawings referred preceding paragraph may not be

to in the preceding paragraph filed from the time the trial

shall not substantially enlarge under Article 39, paragraph (1)

or alter the scope of claims for a has become pending before the

utility model registration. Japan Patent Office to the time

the trial decision (in a case

where the request is filed for

each of claims, all of the trial

decisions) has become final and

binding.

(3) In the case of paragraph (1),

item (i), a device constituted by

the matters described in the

corrected scope of claims must

be one which could have been

entitled to obtain a utility model

registration for the said device

independently at the time of

filing of the utility model

application.

(4) The request for the trial of

paragraph (1) may be filed even

after the utility model right has

lapsed; provided however, that

this shall not apply after the

utility model right has been

invalidated in the trial of Article

37, paragraph (1).

(3) In a case where correction of

matters listed in Article 5,

paragraph (3), item (iv) in

description attached to the

application pertaining to two or

more claims are made, the

request under the provisions of

paragraph (1) may be filed for

each claim. In this case, if a

group of claims having any

relation cited by another claim

and other relations prescribed

by the Ordinance of the

Ministry of Economy, Trade and

Industry (hereinafter referred

to as "the group of claims") is

present, the said request shall

be filed for each of the said

group of claims.

(4) In a case where correction of

matters listed in Article 5,

paragraph (3), items (i) to (iii)

in description attached to the

application or the drawings, if

the request under the

provisions of paragraph (1) is

intended the said request shall

be filed for all claims pertaining

to the said correction of the

description or the drawings (for

all of the group of claims

including claims pertaining to

the said correction of the

description or the drawings,

where the request under

paragraph (1) is filed for each of

the group of claims pursuant to

the provisions in the second

sentence of the preceding

paragraph).

(5) The correction of the

description or the drawings

under paragraph (1) shall be

made within the scope of

matters described in the

description or the drawings

attached to the application.

(Trial for invalidation of

correction)

Article 40 (1) In a case where

the correction of the description

or drawings attached to the

application violates the

provisions of the preceding

Article, paragraphs (1) to (3), a

request for a trial for

invalidating the correction may

be filed.

(6) Any correction of the

description or drawings referred

to in paragraph (1) shall not

substantially enlarge or alter

the scope of claims for a utility

model registration.

(7) In the case of correction for

any of the purposes as provided

in item (i) of the proviso to

paragraph (1), the device

constituted by the matters

stated in the corrected scope of

claims shall be entitled to

independently obtain a utility

model registration for said

device.

(8) The request for the trial of

paragraph (1) may be filed even

after the utility model right has

lapsed; provided however, that

this shall not apply after the

utility model right has been

invalidated in the trial of

Article 37, paragraph (1).

(Submission of written reply,

etc.)

Article 40 (1) Where a request

for trial has been filed, the chief

trial examiner shall serve a

copy of the written request to

the demandee and give him/her

an opportunity to submit a

written reply, designating an

adequate period.

(2) The provisions of Article 37,

paragraphs (2) and (3) shall be

applied mutatis mutandis to the

request for trial under the

preceding paragraph.

(2) Where the chief trial

examiner approves an

amendment of the written

request under the provisions of

Article 38-2, paragraph (2),

he/she shall serve a copy of the

written amendment with

respect to the said amendment

to the demandee, and shall give

him/her an opportunity to

submit a written reply,

designating an adequate period;

provided, however, that this

shall not apply where special

circumstances exist under

which it is recognized that

giving an opportunity to the

demandee to submit a written

reply is not required.

(3) Upon receipt of a written

reply as provided in paragraph

(1) or the main clause of the

preceding paragraph, the chief

trial examiner shall serve to the

demandant a copy thereof.

(4) The chief trial examiner may

question the parties and the

intervenors relating to the trial.

(Request for correction)

Article 40-2 (1) The demandee

in a trial under Article 37,

paragraph (1), or Article 48-12,

paragraph (1) may file a request

for a correction of the

description, scope of claims or

drawing(s) attached to the

application only within the time

limit designated in accordance

with Article 153, paragraph (2)

or Article 164-2, paragraph (2)

of the revised Patent Act of

2011 applied mutatis mutandis

in the preceding Article

paragraph (1) or (2), or the

following Article or Article 41,

respectively; provided, however,

that such correction shall be

limited to the following

purposes:

(i) restriction of the scope of

claims;

(ii) correction of errors in the

description;

(iii) clarification of an

ambiguous description; and

(iv) making the description of a

claim citing the description of

other claims one not citing the

said description of other claims.

(2) Where correction of the

matter listed in Article 5,

paragraph (3), item (iv) in the

description attached to the

application pertaining to two or

more claims, the request for

correction under the preceding

paragraph may be filed for each

claim; provided however, that

where the request for trial

under Article, paragraph (1) or

Article 48-12, paragraph (1) has

been filed for each claim, the

request for correction under the

preceding paragraph shall be

filed for each claim.

In the case prescribed in the

preceding paragraph, where

there is a group of claims in the

claims concerned, the petition

shall be filed for each claim in

the group of claims.

(4) Upon receipt of a written

request for correction as

provided in paragraph (1) and

corrected description and

drawings attached thereto, the

chief trial examiner shall serve

to the demandant copies

thereof.

(5) The trial examiner may

examine the grounds that have

not been pleaded by a party in

the case or an intervenor in

determining whether the

request for correction under

paragraph (1) is not for any of

the purposes provided in the

items of the proviso to the said

paragraph, or does not conform

the provisions of Article 39,

paragraphs (5) to (7) that shall

be applied mutatis mutandis by

replacing the terms under

paragraph (9). In this case,

where the request for correction

on the above grounds is not

approved of, the chief trial

examiner shall notify the

parties in the case and the

intervenors of the result of the

proceedings and shall give them

an opportunity to state their

opinions, designating an

adequate time limit.

(6) Where a request for

correction under paragraph (1)

is made, if another request for

correction has been previously

made in the said trial, the said

previous request shall be

deemed to have been

withdrawn.

(7) The request for correction

under paragraph (1) may be

withdrawn only within an

allowable period for

amendments under Article 17,

paragraph (1) of the Patent Act

applied mutatis mutandis by

replacing the terms under

Article 55, paragraph (2)

regarding the corrected

description or drawings

appended to the written request

for correction under the said

paragraph. In this case, if the

request for correction under

paragraph (1) have been filed

for each claim or for each group

of claims pursuant to the

provisions of paragraph (2) or

(3), all of these requests shall be

withdrawn.

(8) Where the request for the

trial under Article 37,

paragraph (1), or Article 48-12,

paragraph (1) has been

withdrawn for each claim

pursuant to the provisions of

Article 155, paragraph (3) of the

revised Patent Act of 2011

applied mutatis mutandis in

Article 41, the request for

correction under paragraph (1)

shall be deemed to have been

withdrawn for each of the said

claims, and where all of the

requests pertaining to a trial

case of the trial under Article

37, paragraph (1), or Article 48-

12, paragraph (1) have been

withdrawn, all of the requests

for correction under paragraph

(1) pertaining to the said trial

case shall be deemed to have

been withdrawn.

(Mutatis mutandis application of

the Patent Act)

(9) The provisions of Article 39,

paragraphs (4) to (8), Articles

127, 128 and 132, paragraphs

(3) and (4) of the Patent Act,

and Article 131, paragraphs (1),

(3) and (4), Article 131-2,

paragraph (1), and Article 133,

paragraphs (1), (3) and (4) shall

apply mutatis mutandis to the

case of paragraph (1). In this

case, "paragraph (1), proviso,

item (i)" in Article 39,

paragraph (7) shall be replaced

with "paragraph (1), proviso,

item (i) pertaining to a claim for

which a request for the trial

under Article 37, paragraph (1),

or Article 48-12, paragraph (1)

has not been filed".

(Request for correction in the

case of rescission judgment)

Article 40-3 Where a judgment

rescinding a trial decision in a

trial under Article 37,

paragraph (1), or Article 48-12,

paragraph (1) (limited to a trial

decision concluding that the

request for a trial is groundless)

under Article 181, paragraph (1)

of revised Patent Act of 2011

applied mutatis mutandis in

article 47, paragraph (2) has

become final and binding, and

following which proceedings are

initiated under paragraph (2) of

the said Article, the chief trial

examiner may designate to the

demandee an adequate period

for filing a request for

correction of the description,

scope of the claims or the

drawings attached to the

application, only if such motion

is made by the demandee within

one week from the date when

the judgment became final and

binding.

(Mutatis mutandis application

of the Patent Act)

Article 41 The provisions of

Articles 125, 127, 128, and 130

to 170 of the Patent Act (effect of

trial decision, request for trial,

trial examiner, trial procedures,

relation to litigation, and costs

of trial) shall apply mutatis

mutandis to a trial.

Article 41 The provisions of

Articles 125, 127, 128, 132, 135

to 154, and 157 to 163, Article

164, paragraph (1), Article 166,

and Articles 168 to 170 of the

Patent Act, and Articles 131,

131-2, 133, 155, 156, 164-2, 167,

and 167-2 of the revised Patent

Act of 2011 (effect of trial

decision, request for trial, trial

examiner, trial procedures,

relation to litigation, and costs

of trial) shall apply mutatis

mutandis to a trial.

Article , Article 174 (Application and Article 176 (non-exclusive

45 mutatis mutandis of provisions

regarding trial, etc.) and Article

176 (Non-exclusive license due

to the working of the invention

prior to the registration of the

request for a retrial)

license due to the working of the

invention prior to the

registration of the request for a

retrial), and article 174 of the

revised Patent Act of 2011

(application mutatis mutandis

of provisions regarding trial,

etc.)

Article a written request for a trial or a a written request for a trial or a

47, retrial retrial or a written request for

paragra correction under Article 40-2,

ph (1) paragraph (1)

Article Article 178, paragraphs (2) to (6) Article 179 of the Patent Act

47, (Period of institution of action, (Appropriate party as

paragra etc.), and Articles 179 to 182 defendant) and Article 178,

ph (2) (Appropriate party as defendant,

notice of institution of action,

rescission of the trial decision or

ruling, and delivery of original

copy of judgment)

paragraphs (2) to (6) (Period of

institution of action, etc.), and

Articles 180, 181 and 182

(notice of institution of action,

etc., rescission of the trial

decision or ruling, and delivery

of original copy of judgment,

etc.) of the revised Patent Act of

2011

Article "Article 37, paragraph (1)" in "Article 37, paragraph (1)" in

48-12, Article 39, paragraph (4) shall Article 39, paragraphs (2) and

paragra be replaced with "Article 37, (8) shall be replaced with

ph (2) paragraph (1) or Article 48-12, "Article 37, paragraph (1) or

paragraph (1)" Article 48-12, paragraph (1)"

Article the provisions of Article 37, the provisions of Article 37,

48-12, paragraphs (2) and (3) and paragraphs (1), second

paragra Article 184-15, paragraphs (2) sentence, (3) and (4), and

ph (3) and (4) (a trial for invalidation

of a patent based on grounds

inherent in an international

patent application)

Article 184-15, paragraph (4)

Article Article 125 of the Patent Act Article 128 of the Patent Act

50-2 applied mutatis mutandis in

Article 37, paragraph (2)

(including cases applied mutatis

mutandis in Article 40,

paragraph (2), and Article 48-12,

paragraph (3))

applied mutatis mutandis in

Article 37, paragraph (3)

(including cases applied mutatis

mutandis in Article 48-12,

paragraph (3)), Article 39,

paragraph (8) (including a case

applied mutatis mutandis in

Articles 40-2, paragraph (9)),

Article 40-2, paragraph (9) and

Article 41, Article 125 of the

Patent Act applied mutatis

mutandis in Article 41

Article apply mutatis mutandis. apply mutatis mutandis. In this

55, case, "and after a certified copy

paragra of a ruling that publication of

ph (2) request shall be done have been

served" shall be replaced with,

"after a period designated by

the provisions of Article 40,

paragraph (1) of the Utility

Model Act in a trial under

Article 37, paragraph (1), or

Article 48-12, paragraph (1) of

the said Act has lapsed (in a

case where a period is

designated under the provisions

of Article 153, paragraph (2) of

the Patent Act or Article 164-2,

paragraph (2) of the revised

Patent Act of 2011 applied

mutatis mutandis in Article 40,

paragraph (1), Article 40-2

paragraph (5), Article 40-3, or

Article 41 of the Utility Model

Act, after the said period

lapsed) and after a notice under

the provisions of Article 156,

paragraph (1) of the revised

Patent Act of 2011 applied

mutatis mutandis in Article 41

of the Utility Model Act in a

trial under Article 39,

paragraph (1) of the said Act (in

the case where the proceedings

have been resumed under the

provisions of Article 156,

paragraph (3) of the Patent Act,

after further notice is given

under the provisions of Article

156, paragraph (1) of the Patent

Act, after ) is given", and "a

trial" shall be replaced with "a

trial or correction under Article

40-2, paragraph (1) of the

Utility Model Act."

Article the provisions of Article 195-3 the provisions of Article 195-4

55, (restriction on appeals under (restriction on appeals under

paragra Administrative Appeal Act) of Administrative Appeal Act) of

ph (6) the patent Act are a decision of

dismissal of amendment, a

decision of dismissal of written

requests of an examiner's

decision, a trial decision and a

trial or a retrial pursuant to the

provisions of this Act

the revised Patent Act of 2011

are a decision of dismissal of

amendment, a decision of

dismissal of written requests of

an examiner's decision, a trial

decision and a trial or a retrial,

or a written request for

correction under Article40-2,

paragraph (1) pursuant to the

provisions of this Act

Appende A person filing an opposition to A person filing an opposition to

d table, registration (including an registration

item (v) opposition pertaining to

publication of request)

Appende

d table,

item (ix)

A person filing a request for a

trial or a retrial

A person filing a request for a

trial or a retrial

(3) In a case where the decision on an opposition to registration under Article 113

(hereinafter, simply, referred to as "opposition to registration") of the revised

Patent Act under the provisions of Article 2 of 1994 Amending Act applied

mutatis mutandis in Article 9, paragraph (2) of Supplementary Provisions of

the Partial Amendment of the Patent Act (Act No. 116 of 1994, hereinafter

referred to as "1994 Amendment Act") before revision under the provisions of

Article 14 of Supplementary Provisions of 2003 Amendment Act issued prior to

the enforcement of 2003 Amendment Act, does not become final, with regard to

application of the provisions of Article 39, paragraph (2) of the former Utility

Model Act pertaining to a utility model registration, which is to be corrected

after the enforcement of 2003 Amendment Act, and which has been replaced in

the preceding paragraph, "the trial under Article 37, paragraph (1)" shall be

replaced with "the trial on the opposition to registration under Article 113 of

the revised Patent Act under the provisions of Article 2 of 1994 Amending Act

(hereinafter referred to as "the revised Patent Act of 1994") applied mutatis

mutandis in Article 9, paragraph (2) of Supplementary Provisions of the

Partial Amendment of the Patent Act ,etc. (Act No. 116 of 1994, hereinafter

referred to as "1994 Amendment Act") prior to revision under the provisions of

Article 14 of Supplementary Provisions of the Partial Amendment of the Patent

Act ,etc. (Act No. 47 of 2003), (hereinafter, simply, referred to as "the

opposition to registration"), or the trial under Article 37, paragraph (1)"; "the

trial decision" shall be replaced with "the decision or trial decision"; "against

the decision of the trial of the said paragraph" shall be replaced with "against

the revocation decision under Article 114, paragraph (2) hereinafter, simply,

referred to as "revocation decision") of the Patent Act revised in 1994 applied

mutatis mutandis in Article 9, paragraph (2) of Supplementary Provisions of

1994 Amending Act regarding opposition to registration or the trial decision

under Article 37, paragraph (1)"; and "the judicial decision of revocation of a

trial decision" shall be replaced with "the revocation decision or the judicial

decision of revocation of a trial decision", in the said paragraph.

(4) In a case where an appeal against the opposition to registration requested

prior to the enforcement of 2003 Amendment Act, or the revocation decision or

the trial decision under Article 114, paragraph (2) of the revised Patent Act of

1994 applied mutatis mutandis in Article 9, paragraph (2) of Supplementary

Provisions of 1994 Amendment Act pertaining to the trial under Article 37,

paragraph (1), or Article 48-12, paragraph (1) of the former Utility Model Act,

is pending before any court at the time of enforcement of 2003 Amendment Act,

with regard to the application of the provisions of Article 39, paragraph (2) of

the former Utility Model Act pertaining to a utility model registration, which is

to be corrected after the enforcement of 2003 Amendment Act to the time the

judicial decision to the said appeal has become final and binding, and which

has been replaced in paragraph (2), notwithstanding the provisions of the

preceding paragraph, in Article 39, paragraph (2) of the former Utility Model

Act which has been replaced in paragraph (2), "after the trial under Article 37,

paragraph (1) has been pending before the Japan Patent Office to the time the

trial decision has been final and binding" shall be replaced with "in a case

where the trial on the opposition to registration under Article 113 of the

revised Patent Act under the provisions of Article 2 of 1994 Amending Act

applied mutatis mutandis in Article 9, paragraph (2) of Supplementary

Provisions of the Partial Amendment of the Patent Act ,etc. (Act No. 116 of

1994) prior to the revision under the provisions of Article 14 of Supplementary

Provisions of the Partial Amendment of the Patent Act ,etc. (Act No. 47 of

2003), or the trial under Article 37, paragraph (1) or under Article 48-12,

paragraph (1) is pending before the Japan Patent Office", and the provisions of

the proviso of the said paragraph shall not be applied.

Article 5 (1) An applicant for a utility model registration may let an application

for a utility model registration (excluding an application for a utility model

registration where five and a half years have been lapsed from the date of

filing of the application for a utility model registration) which has been

pending before the Japan Patent Office at the time of enforcement of this Act

and notified to the Commissioner of the Japan Patent Office as being come

under the provisions of the revised Utility Model Act (hereinafter, referred to

as "the New Utility Model Act") pursuant to Article 3, pursuant to the

provisions of an Ordinance of the Ministry of International Trade and Industry

(hereinafter, referred to as "the former application for a utility model

registration") as an application for a utility model registration being come

under the provisions of the New Utility Model Act (hereinafter, referred to as

"the new application for a utility model registration").

(2) In the case of the preceding paragraph, the new application for a utility model

registration shall be deemed to have been filed at the time of filing the former

application for a utility model registration. In this case, "filing date of a utility

model registration application" in the proviso to Article 2-2, paragraph (1) of

the New Utility Model Act, shall be replaced with "the date of notification

pursuant to the provisions of Article 5, paragraph (1) of Supplementary

Provisions of the Partial Amendment of the Patent Act (Act No. 26 of 1993)

(hereinafter referred to as "notification of Change")," and "at the time of filing

of the application for a utility model registration" shall be replaced with "along

with the notification of Change."

(3) Where there is a notification under paragraph (1), the former application for

design registration shall be deemed to have been withdrawn.

(4) With regard to a notification under paragraph (1) pertaining to an

international application which has been deemed to be an application for a

utility model registration under the registration of Article 48-3, paragraph (1)

or Article 48-14, paragraph (4) of the Former Utility Model Act, it may be

received only after the registration fees payable under the provisions of Article

54, paragraph (2) have been paid (with regard to an international application

which is deemed to be an application for a utility model registration under the

provisions of Article 48-14, paragraph (4), after the decision under the said

paragraph), and, in the case of a Utility Model Registration Application in

Japanese Language under Article 48-6, paragraph (2) of the Former Utility

Model Act, after the procedures under the provisions of Article 48-5, paragraph

(1) of the former Utility Model Act have been completed, or in the case of a

Utility Model Registration Application in Foreign Language under Article 48-

14, paragraph (4) of the former Utility Model Act, after the procedures under

the provisions of the said paragraph and Article 48-5, paragraph (1) of the

former Utility Model Act have been completed.

(5) An applicant for a patent or an applicant for a design registration may

convert his/her application (excluding patent applications or design

registrations where five and a half years have been lapsed from the date of

filing of the patent applications or design registrations) which has been

pending before the Japan Patent Office at the time of enforcement of this Act

and notified to the Commissioner of the Japan Patent Office as being come

under the provisions of the New Utility Model Act, into a new application for a

utility model registration being come under the provisions of the new Utility

Model Act.

(6) The provisions of paragraphs (2) and (3) shall apply mutatis mutandis to the

case of the preceding paragraph.

(Transitional measures concerning application of penal provisions)

Article 16 With regard to the application of penal provisions to acts committed

prior to the enforcement of this Act, the provisions then in force shall remain

applicable.

(Delegation to a Cabinet Order)

Article 17 In addition to what is prescribed by Articles 2 to 6, 8 and 10 and the

preceding Article of Supplementary Provisions, transitional measures

necessary for the enforcement of this Act shall be specified by a Cabinet Order.

Supplementary Provisions [Act No. 89 of November 12, 1993 Extract]

[Extract]

(Effective date)

Article 1 This Act shall come into effect as from the date of enforcement of

Administrative Procedure Act (Act No. 88 of 1993).

(Transitional measures concerning adverse dispositions following consultation,

etc.)

Article 2 In the case where a request for consultation or any other request has

been made based on laws and regulations prior to the enforcement of this Act

to a council or any other consultative organ to carry out a procedure equivalent

to the procedure for the hearing or the grant of an opportunity for an

explanation or any other procedure for hearing statements of opinion

prescribed in Article 13 of the Administrative Procedure Act, with regard to the

procedure of an adverse disposition to which said request for consultation or

any other respect pertains, the provisions then in force shall remain applicable,

notwithstanding the provisions of the relevant Act after the revision by this

Act.

(Transitional measures concerning penal provisions)

Article 13 With regard to the application of penal provisions to acts committed

prior to the enforcement of this Act, the provisions then in force shall remain

applicable.

(Transitional measures upon arrangement of provisions on hearings)

Article 14 Proceedings for hearing (excluding those pertaining to adverse

dispositions) implemented pursuant to the provisions of Acts prior to the

enforcement of this Act or procedures for these shall be deemed to have been

implemented pursuant to the equivalent provisions of the related Acts revised

by this Act.

(Delegation to a Cabinet Order)

Article 15 In addition to what is prescribed for in Articles 2 through the

preceding Article of the Supplementary Provisions, transitional measures

necessary for the enforcement of this Act shall be specified by a Cabinet Order.

Supplementary Provisions [Act No. 116 of December 14, 1994 Extract]

[Extract]

(Effective date)

Article 1 This Act shall come into effect as from June 1, 1995; provided, however,

that the provisions listed as follows shall come into effect as from the date

listed in the relevant item:

(ii) The provisions of Article 2; in Article 3, the provisions for revising Article

3-2, paragraph (1) of the Utility Model Act (limited to the portion changing

"publication of an unexamined application" to "issuance of the patent gazette

containing matters listed in each of items of Article 66, paragraph (3) of the

Patent Act under the provisions of the said paragraph"), the provisions of

Article 10, paragraphs (5) and (6), Article 14, paragraph (4), and Article 39,

paragraph (3) of the said Act, the revised provisions of Article 45 of the said

Act (excluding the portion adding paragraph (1) to the same Article),the

revised provisions of Article 50-2 of the said Act (limited to the portions

changing "Article 174, paragraph (2)" to " Article 174, paragraph (3)", and

"Article 193, paragraph (2), (v)" to "Article 193, paragraph (2), (iv)"),the

revised provisions of Article 53, paragraph (2) of the said Act, and the

revised provisions of Article 62 of the said Act (limited to the portion

changing "Article 174, paragraph (2)" to "Article 174, paragraph (3)"); in

Article 4, the revised provisions of Article 13, paragraph (3), Article 19,

Article 58, Article 68, paragraph (1), Article 75 of the Design Act; the

provisions of Article 6; in Article 7, the revised provisions of Article 5 of

Patent Attorneys Act; and the provisions of Article 8, Article 9, Article 10,

paragraph (2), Article 17, and Article 19 of Supplementary Provisions:

January 1, 1996

(Transitional measures upon revision of the Utility Model Act)

Article 10 (1) With regard to utility model applications actually pending at the

time of the enforcement of this Act or the examiner's decision or the trial

decision pertaining to a utility model application filed prior to the enforcement

of this Act, excluding the provisions of Article 173, paragraph (2) of the new

Patent Act applied mutatis mutandis in Article 45, paragraph (2) and Article

54, paragraph (1) of the new Utility Model, the provisions then in force shall

remain applicable.

(2) With regard to application of the provisions of Article 3-2 of the new Utility

Model Act to applications for utility model registration filed prior to the date

on which all publications of an examined application of which certified copy of

the ruling has been served, finish prior to the enforcement of the provisions of

Article 2 and the preceding Article, paragraph (1), in the same Article,

"issuance or" shall be replaced with "issuance", and "publication of an

examined application" shall be replaced with "publication of an examined

application or publication of an unexamined application."

(3) The provisions of Article 33-2 of the new Utility Model Act shall not apply to

the utility model right that have been deemed to be lapsed or non-existent from

the beginning pursuant to Article 33, paragraph (4) or (5) of the former Utility

Model Act.

(Transitional measures concerning application of penal provisions)

Article 13 With regard to the application of penal provisions to acts committed

prior to the enforcement of the revised provisions of this Act and acts

committed after the enforcement of the revised provisions of this Act

pertaining to the matters to which the provisions then in force, the provisions

then in force shall remain applicable.

(Delegation to a Cabinet Order)

Article 14 In addition to what is prescribed by Articles 2 through the preceding

Article of Supplementary Provisions, transitional measures necessary for the

enforcement of this Act shall be specified by a Cabinet Order.

Supplementary Provisions [Act No. 91 of May 12, 1995 Extract] [Extract]

(Effective date)

Article 1 This Act shall come into effect as from the date on which twenty days

have lapsed from the date of promulgation.

Supplementary Provisions [Act No. 68 of June 12, 1996 Extract] [Extract]

(Effective date)

Article 1 This Act shall come into effect as from April 1, 1997; provided, however,

that the revising provisions listed as follows shall come into effect as from the

date listed in the relevant item.

(ii) The revised provisions adding the proviso to Article 40, paragraph (4) and

Article 76, paragraph (4) of the Trademark Act, in Article 1 of this Act; the

revised provisions adding the proviso to Article 107, paragraph (3), Article

112, paragraph (3) and Article 195, paragraph (5) of the Patent Act, in

Article 2 of this Act; the revised provisions adding the proviso to Article 31,

paragraph (3), Article 33, paragraph (3) and Article 54, paragraph (4) of the

Utility Model Act, in Article 3 of this Act; in Article 4, the revised provisions

adding the proviso to Article 42, paragraph (4), Article 44, paragraph (3) and

Article 67, paragraph (4) of the Design Act, in Article 4 of this Act; the

revised provisions adding the proviso to Article 40, paragraph (4) of the Act

on Special Provisions of Procedures, etc. concerning Industrial Property

Rights in Article 5 of this Act; and the provisions of Article 27 of

Supplementary Provisions: October 1, 1996

(Transitional measures concerning application of penal provisions)

Article 20 With regard to the application of penal provisions to acts committed

prior to the enforcement of provisions of this Act and acts committed after the

enforcement of provisions of this Act pertaining to the matters to which the

provisions then in force, the provisions then in force shall remain applicable.

(Delegation to a Cabinet Order)

Article 21 In addition to what is prescribed by Articles 2 through the preceding

Article of Supplementary Provisions, transitional measures necessary for the

enforcement of this Act shall be specified by a Cabinet Order.

Supplementary Provisions [Act No. 110 of June 26, 1996 Extract]

[Extract]

This Act shall come into effect as from the date of the enforcement of the new

Code of Civil Procedure; provided, however, that the revising provisions listed as

follows shall come into effect as from the date listed in the relevant item:

(ii) In Article 30, the provisions for revising Article 10; in Article 32, the

provisions for revising Article 2-5, paragraph (2) of the Utility Model Act; in

Article 33, the provisions for revising Article 68, paragraph (2) of the Design

Act; in Article 34, the provisions for revising Article 77, paragraph (2) of the

Trademark Act, Articles 27, paragraph (2) and 30 of Supplementary

Provisions; and the provisions for revising Article 41, paragraph (2) of the

Act on Special Provisions of Procedures, etc. concerning Industrial Property

Rights: the latter of the dates of April 1, 1998 and the date of the

enforcement of the new Code of Civil Procedure.

Supplementary Provisions [Act No. 51: May 6, 1998 Extract] [Extract]

(Effective date)

Article 1 This Act shall come into effect as from January 1, 1999; provided,

however, that the revising provisions listed as follows shall come into effect as

from the date listed in the relevant item.

(ii) The provisions for revising Article 107 of the Patent Act (excluding the

provisions for revising the table of paragraph (1) of the said Article), and the

provisions for revising Article 195 of the said Act (excluding the provisions

for revising paragraph (1), items (iv) to (vii)), in Article 1 of this Act; the

provisions for revising Article 31 of the Utility Model Act and the provisions

for revising Article 54 of the said Act (excluding the provisions for revising

paragraph (1), items (iv) to (vii));the provisions of Article 4, in Article 2 of

this Act; the provisions for revising Article 40, Article 41-2, paragraph (5)

and Article 65-7, paragraph (3), and the provisions for revising Article 76 of

the said Act (excluding the provisions for revising the paragraph (1) of the

said Article), in Article 5 of this Act; the provisions for revising Article 40 of

the Act on Special Provisions of Procedures, etc. concerning Industrial

Property Rights, and provisions of paragraph (2) of the following Article,

Article 3, paragraph (2), Article 5 and Article 6, paragraph (2) of

Supplementary Provisions, in Article 6 of this Act,; the provisions for

revising Article 15, paragraph (2), of Supplementary Provisions of the Act for

Partial Revision of the Trademark Act, etc. (Act No. 68 of 1996), in Article 14

of Supplementary Provisions; and the provisions of Article 18 of

Supplementary Provisions: April 1, in 1999.

(Transitional measures upon revision of the Utility Model Act)

Article 3 (1) With regard to utility model applications actually pending at the

time of the enforcement of this Act, until the examiner's decision or a trial

decision for the utility model applications becomes final and binding, the

provisions then in force shall remain applicable, except where it has otherwise

been provided for.

(2) With regard to registration fees that have already been paid prior to the date

prescribed by Article 1, item (ii) of Supplementary Provisions or should have

been paid prior to the that date, the provisions then in force shall remain

applicable, notwithstanding the provisions of Article 31, paragraphs (3) and (4)

of the revised Utility Model pursuant to the provisions of Article 2 (hereinafter,

referred to as "the new Utility Model Act").

(3) With regard to the grounds for opposition or invalidity to a utility model

registration pertaining to applications for utility model registration filed prior

to the enforcement of this Act, the provisions then in force shall remain

applicable.

(Transitional measures concerning application of penal provisions)

Article 7 With regard to the application of penal provisions to acts committed

prior to the enforcement of this Act and acts committed after the enforcement

of this Act pertaining to the matters to which the provisions then in force, the

provisions then in force shall remain applicable.

(Delegation to a Cabinet Order)

Article 8 In addition to what is prescribed by Articles 2 through the preceding

Article of Supplementary Provisions, transitional measures necessary for the

enforcement of this Act shall be specified by a Cabinet Order.

Supplementary Provisions [Act No. 41 of May 14, 1999 Extract] [Extract]

(Effective date)

Article 1 This Act shall come into effect as from January 1, 2000; provided,

however, that the provisions listed in the following items shall come into effect

as from the date prescribed respectively in those items.

(i) The provisions revising the table of Article 107, paragraph (1) of the Patent

Act and the provisions adding two paragraphs in Article 168 of the said Act

in Article 1; the provisions revising the table of Article 31, paragraph (1) of

the Utility Model Act and the provisions adding two paragraphs in Article 40

of the said Act in Article 2; and the provisions of the following Article,

paragraph (10), Article 3, paragraph (6) of these Supplementary Provisions

and Articles 7 through 12 of these Supplementary Provisions: the date

specified by a Cabinet Order within a period not exceeding one month from

the date of the promulgation

(Transitional measures accompanying revision of the Utility Model Act)

Article 3 (1) With regard to novelty requirement for a device pertaining to an

application for utility model registration actually pending before the Japan

Patent Office at the time of the enforcement of this Act, the provisions then in

force shall remain applicable until the establishment concerning the

application for utility model registration is registered.

(2) The provisions of Article 10, paragraphs (8) and (9) of the Utility Model Act

revised by the provisions of Article 2 (hereinafter referred to as the "new

Utility Model Act") shall be applied to an application for utility model

registration which has been filed after the enforcement of this Act, and is

deemed to have been filed pursuant to the provisions of Article 10, paragraph

(3) of the Utility Model Act, prior to the enforcement.

(3) With regard to judgment concerning a technical scope of a registered utility

model required prior to the enforcement of this Act, the provisions then in force

shall remain applicable.

(4) The provisions of Chapter 4, Section 2 of the new Utility Model Act, except as

otherwise provided, shall be applied also to the matters which occurred prior to

the enforcement of this Act; provided, however, that this shall not preclude an

effect raised by the provisions of Chapter 4, Section 2 of the Utility Model Act

prior to revision by the provisions of Article 2 (hereinafter referred to as the

"former Utility Model Act").

(5) The provisions of Article 105-3 of the New Patent Act applied mutatis

mutandis in Article 30 of the New Utility Model Act shall not be applied to a

case for which oral arguments before a high court or a district court that

constitutes a court of second instance has finished prior to the enforcement of

this Act, and a case for which, before this Act comes into effect, parties reserve

the right to a final appeal against a judgment made by a summary court or a

judgment made by a district court as a court of first instance, and have agreed

not to appeal to the court of second instance.

(6) With regard to registration fees which have already be paid prior to the date

prescribed in Article 1, item (i) of the Supplementary Provisions or should have

been paid prior to the same date (including registration fees the payment of

which was deferred pursuant to the provisions of Article 109 of the former

Patent Act applied mutatis mutandis in Article 36 of the former Utility Model

Act); notwithstanding the provisions of Article 31, paragraph (1) of the new

Utility Model Act, the provisions then in force shall remain applicable.

(7) With regard to grounds for invalidation concerning utility model registration

pertaining to applications for utility model registration filed prior to the

enforcement of this Act, the provisions then in force shall remain applicable.

(Partial revision of the former Utility Model Act of 1993)

Article 11 Part of the Utility Model Act prior to revision (hereinafter referred to

as the "former Utility Model Act of 1993") by the provisions of Article 3 of the

Act for Partial Revision of the Patent Act, etc. (Act No. 26 of 1993; hereinafter

referred to as the "Amendment Act of 1993") which then in force shall have

remained applicable pursuant to the provisions of Article 4, paragraph (1) of

the Supplementary Provisions of the Act for Partial Revision of the Patent Act,

etc. shall be revised as follows:

"One thousand yen", "two thousand yen" and "four thousand yen" in the table

of Article 31, paragraph (1) shall be changed to "eight hundred yen", "one

thousand six hundred yen" and "three thousand two hundred yen", respectively.

(Transitional measures accompanying partial revision of the former Utility

Model Act of 1993)

Article 12 With regard to registration fees which have been already paid prior to

the date prescribed in Article 1, item (i) of the Supplementary Provisions,

pursuant to the provisions of Article 31, paragraph (1) of the former Utility

Model Act of 1993 prior to revision by the provisions of the preceding Article,

or with regard to registration fees which should have been paid prior to the

same date, pursuant to the provisions of the said paragraph (including

registration fees the payment of which was deferred pursuant to the provisions

of Article 109 of the Patent Act prior to revision by the provisions of Article 1 of

the Amendment Act of 1993 which then in force shall have remained applicable

pursuant to the provisions of Article 4, paragraph (1) of the Supplementary

Provisions of the Amendment Act of 1993 applied mutatis mutandis in Article

34 of the former Utility Model Act of 1993); notwithstanding the provisions of

Article 31, paragraph (1) of the former Utility Model Act of 1993 revised by the

provisions of the preceding Article, the provisions then in force shall remain

applicable.

(Transitional measures relating to application of penal provisions)

Article 18 With regard to the application of penal provisions to acts conducted

prior to the enforcement of this Act, and acts conducted after the enforcement

of this Act pertaining to matters with regard to which the provisions then in

force shall remain applicable pursuant to the provisions of these

Supplementary Provisions; each of the provisions then in force shall remain

applicable.

(Delegation to Cabinet Order)

Article 19 In addition to what is prescribed in Articles 2 through 6, 8, 10, 12 and

the preceding Article of these Supplementary Provisions, necessary

transitional measures relating to the enforcement of this Act shall be specified

by a Cabinet Order.

Supplementary Provisions [Act No. 160 of December 22, 1999 Extract]

[Extract]

(Effective date)

Article 1 This Act (excluding Articles 2 and 3) shall come into effect as from

January 6, 2001.

Supplementary Provisions [Act No. 220 of December 22, 1999 Extract]

[Extract]

(Effective date)

Article 1 This Act (excluding Article 1) shall come into force as from January 6,

2001.

(Delegation to Cabinet Order)

Article 4 In addition to what is prescribed in the preceding 2 articles, necessary

matters relating to the enforcement of this Act shall be specified by a Cabinet

Order.

Supplementary Provisions [Act No. 24 of April 17, 2002 Extract] [Extract]

(Effective date)

Article 1 This Act shall come into effect as from the date specified by a Cabinet

Order within a period not exceeding six months from the date of the

promulgation; provided, however, that the provisions listed in the following

items shall come into effect as from the date prescribed respectively in those

items.

(i) The provisions revising Article 101, Article 112-3, paragraph (2) and Article

175, paragraph (2) of the Patent Act in Article 2; the provisions revising

Article 28 and Article 33-3, paragraph (2), item (ii) and Article 44, paragraph

(2), item (ii) of the Utility Model Act in Article 4; and the provisions revising

Article 68-19, paragraph (1), Articles 68-30 and 68-35 of the Trademark Act

in Article 6; and the provisions revising Article 6 of these Supplementary

Provisions: the date specified by a Cabinet Order within a period not

exceeding one year from the date of the promulgation

(ii) The provisions of Article 2 (excluding the provisions revising Article 101,

Article 112-3, paragraph (2) and Article 175, paragraph (2) of the Patent Act)

and the provisions of Article 4 (excluding the provisions revising Article 28

and Article 33-3, paragraph (2), item (ii) and Article 44, paragraph (2), item

(ii) of the Utility Model Act) and the provisions of Articles 3 and 5 of these

Supplementary Provisions: the date specified by a Cabinet Order within a

period not exceeding one year and six months from the date of the

promulgation

(Transitional measures accompanying revision of the Utility Model Act by

provisions of Article 3)

Article 4 With regard to the Period for the Submission of National Documents

and the National Processing Standard Time pertaining to Application for

Utility Model Registration in Japanese Language for which the procedure is

performed prior to the enforcement of this Act, pursuant to the provisions of

Article 48-5, paragraph (1) of the Utility Model Act prior to revision by the

provisions of Article 3, and Application for Utility Model Registration in

Foreign Language for which the procedure is performed prior to the

enforcement of this Act, pursuant to the provisions of Article 48-4, paragraph

(1) and Article 48-5, paragraph (1) of the said Act; the provisions then in force

shall remain applicable.

(Transitional measures accompanying revision of the Utility Model Act by

provisions of Article 4)

Article 5 (1) The provisions of the Utility Model Act (hereinafter referred to as

the "new Utility Model Act" in this Article) revised by the provisions of Article

4 (excluding the provisions revising Article 28 and Article 33-3, paragraph (2),

item (ii) and Article 44, paragraph (2), item (ii) of the Utility Model Act) shall

be applied to applications for utility model registration being filed on and after

the Effective Date (including applications for utility model registration being

filed on and after the Effective Date, which are deemed to have been filed prior

to the Effective Date pursuant to the provisions of Article 10, paragraph (3) of

the Utility Model Act or the provisions of Article 44, paragraph (2) of the

Patent Act applied mutatis mutandis in Article 11 paragraph (1) of the Utility

Model Act (hereinafter referred to as an "application for utility model

registration pertaining to division, etc. of an application for utility model

registration prior to the Effective Date" in this paragraph)); and with regard to

applications for utility model registration filed prior to the Effective Date

(excluding applications for utility model registration pertaining to division, etc.

of an application for utility model registration prior to the Effective Date), the

provisions then in force shall remain applicable.

(2) With regard to the application of Article 3-2 of the new Utility Model Act in a

case where an application for utility model registration or for patent filed prior

to the Effective Date is another application for utility model registration or for

patent prescribed in the said Article, the term "the description, scope of claims

for a utility model registration or scope of claims for a patent" in the said

Article shall be deemed to be replaced with "the description".

(3) With regard to the application of Article 8, paragraphs (1) through (3) of the

new Utility Model Act in a case where an application for utility model

registration or an application for patent filed prior to the Effective Date is an

Earlier Application prescribed in Article 8, paragraph (1) of the said Act, the

term "the description, scope of claims for a utility model registration or patent"

in these provisions shall be deemed to be replaced with "the description".

(Transitional measures relating to application of penal provisions)

Article 7 With regard to the application of penal provisions to acts conducted

prior to the enforcement of this Act, the provisions then in force shall remain

applicable.

(Delegation to Cabinet Order)

Article 8 In addition to what is prescribed in Articles 2 through the preceding

Article of these Supplementary Provisions, necessary transitional measures

relating to the enforcement of this Act shall be specified by a Cabinet Order.

Supplementary Provisions [Act No. 47 of May 23, 2003 Extract] [Extract]

(Effective date)

Article 1 This Act shall come into effect as from January 1, 2004; provided,

however, that the provisions listed in the following items shall come into effect

as from the date prescribed respectively in those items.

(i) The provisions of Article 18 of these Supplementary Provisions: the date of

the promulgation

(ii) The provisions revising Articles 107 and 195 and Appended Table items (i)

through (iv) and (vi) of the Patent Act in Article 1; the provisions revising

Articles 31 and 54 of the Utility Model Act in Article 2; the provisions

revising Articles 42 and 67 of the Design Act in Article 3; the provisions

revising Articles 40, 41-2, 65-7 and 76 of the Trademark Act in Article 4; the

provisions revising Article 18 of the Act on International Applications under

the Patent Cooperation Treaty in Article 5; the provisions revising Article 40

of the Act on Special Provisions for Procedures related to Industrial Property

Rights in Article 6 (excluding the part pertaining to paragraph (1) of the said

Article); and the provisions of Articles 7 and 8; and the provisions of Article 2,

paragraphs (2) through (6), Article 3, paragraphs (2) and (3), Article 4,

paragraph (1), Article 5, paragraph (1), Articles 7 through 11, Articles 16 and

19 of these Supplementary Provisions: April 1, 2004

(Transitional measures accompanying revision of the Utility Model Act)

Article 3 (1) The provisions of Article 6 of the Utility Model Act revised by the

provisions of Article 2 (hereinafter referred to as the "new Utility Model Act" in

this Article) shall be applied to applications for utility model registration being

filed after the enforcement of this Act; and with regard to applications for

utility model registration filed prior to the enforcement of this Act, the

provisions then in force shall remain applicable.

(2) With regard to the application of the provisions of Article 31, paragraphs (2)

and (3) of the new Utility Model Act concerning the payment of registration

fees pertaining to an application for utility model registration partially filed

prior to the Enforcement Date (excluding applications for utility model

registration being partially filed on and after the Enforcement Date, which are

deemed to have been partially filed prior to the Enforcement Date pursuant to

the provisions of Article 10, paragraph (3) of the Utility Model Act, or the

provisions of the Article 44, paragraph (2) of the Patent Act applied mutatis

mutandis in Article 11, paragraph (1) of the Utility Model Act (hereinafter

referred to as "applications for utility model registration pertaining to the

division, etc. of an application for utility model registration prior to the Partial

Enforcement Date ")); and with regard to the application of the provisions of

Article 54, paragraphs (3) through (5) of the new Utility Model Act concerning

the payment of fees pertaining to the same application; the term "the State" in

these provisions shall be deemed to be replaced with "the State, etc. (meaning

the State, etc. prescribed in Article 31, paragraph (4) of the Utility Model Act

prior to revision by the provisions of Article 2 of the Act for Partial Revision of

the Patent Act, etc. (Act No. 47 of 2003))."

(3) With regard to registration fees, concerning a jointly owned utility model

right, which were already paid partially or required to be paid partially prior

to the Enforcement Date (including registration fees the payment of which was

deferred pursuant to the provisions of Article 32-2 of the Utility Model Act

prior to revision by the provisions of Article 2); notwithstanding the provisions

of Article 31, paragraph (3) of the new Utility Model Act, the provisions then in

force shall remain applicable.

(4) With regard to a trial or a retrial requested prior to the enforcement of this

Act, the provisions then in force shall remain applicable until the decision

becomes final and binding.

(5) With regard to a retrial against a final and binding decision on a trial

requested prior to the enforcement of this Act, the provisions then in force

shall remain applicable.

(Transitional measures accompanying partial revision of the Amendment Act of

1993)

Article 13 (1) With regard to a trial which was requested prior to the

enforcement of this Act, and is under Article 37, paragraph (1), Article 39,

paragraph (1) or Article 48-12, paragraph (1) of the Utility Model Act prior to

revision by the provisions of the Amendment Act of 1993 (hereinafter referred

to as the "former Utility Model Act"); the provisions then in force shall remain

applicable until the decision becomes final and binding.

(2) The provisions of Article 181 of the New Patent Act applied mutatis mutandis

in Article 47, paragraph (2) of the former Utility Model Act replaced in Article

4 paragraph (2) of the Supplementary Provisions of the Amendment Act of

1993 revised by the provisions of the preceding Article shall be applied to an

action against a decision on a trial which is requested after the enforcement of

this Act and is under Article 37, paragraph (1) or Article 48-12, paragraph (1)

of the former Utility Model Act; and with regard to an action against a decision

on a trial which has been requested prior to the enforcement of this Act and is

under Article 37, paragraph (1) or Article 48-12, paragraph (1) of the former

Utility Model Act, the provisions then in force shall remain applicable.

(Transitional measures relating to application of penal provisions)

Article 17 With regard to applications of penal provisions to acts conducted prior

to the enforcement of this Act, and acts which were conducted after the

enforcement of this Act and are pertaining to matters with regard to which the

provisions then in force shall remain applicable pursuant to the provisions of

these Supplementary Provisions; each of the provisions then in force shall

remain applicable.

(Delegation to Cabinet Order)

Article 18 In addition to what is prescribed in Articles 2 through the preceding

Article of these Supplementary Provisions, necessary transitional measures

relating to the enforcement of this Act shall be specified by a Cabinet Order.

(Review)

Article 19 The Government shall, when five years have passed from the

enforcement of the provisions listed in Article 1, item (ii) of these

Supplementary Provisions, review the status of enforcement of the provisions

of Article 107, paragraph (1) and Appended Tables 1 through 4 and 6 of the

New Patent Act and take necessary measures based on the results thereof.

Supplementary Provisions [Act No. 108 of July 16, 2003 Extract]

[Extract]

(Effective Date)

Article 1 This Act shall come into effect as from the date specified by a Cabinet

Order within a period not exceeding one year from the date of the

promulgation; provided, however, that the provisions of Article 3 shall come

into effect as from the date of the enforcement of the Act for Partial Revision of

the Patent Act, etc. (Act No. 47 of 2003) or the date of the enforcement of this

Act, whichever comes later.

(Transitional measures relating to jurisdiction, etc. over litigation pertaining

to actions relating to patent right, etc. and design right, etc.)

Article 3 (1) With regard to jurisdiction and transfer of litigation pertaining to

actions actually pending at the time of the enforcement of this Act: actions

relating to patent rights, utility model rights, layout-design exploitation rights

or author's rights over computer programs (referred to as "actions relating to

patent rights, etc." in paragraph (4)), and actions relating to design rights,

trademark rights, author's rights (excluding author's rights over computer

programs), publication rights, neighboring rights or breeder's rights, or actions

pertaining to the infringement of business interests due to unfair competition

(meaning unfair competition prescribed in Article 2, paragraph (1) of the

Unfair Competition Prevention Act (Act No. 47 of 1993)); the provisions then in

force shall remain applicable.

(2) The provisions of Articles 269-2 and 310-2 of the Code of Civil Procedure

revised by the provisions of Article 1, and the provisions of Article 182-2 of the

Patent Act revised by the provisions of Article 2 (including cases where Article

182-2 of the Patent Act are applied mutatis mutandis in Article 47, paragraph

(2) of the Utility Model Act revised by the provisions of Article 3) shall not be

applied to cases actually pending at the time of the enforcement of this Act.

(3) The provisions of Article 182-2 of the Patent Act revised by the provisions of

Article 2 shall, except in the case prescribed in the preceding paragraph, be

applied to cases pertaining to actions with regard to which the provisions then

in force shall remain applicable pursuant to the provisions of Article 2,

paragraph (9) of the supplementary provisions of the Act for Partial Revision of

the Patent Act, etc., and which are under Article 178, paragraph (1) of the

Patent Act prior to revision by the provisions of Article 1 of the Act for Partial

Revision of the Patent Act, etc. and are against rescission decisions concerning

patent oppositions or decisions of dismissal of written patent oppositions.

(4) With regard to jurisdiction over a case where a temporary restraining order is

pertaining to a petition submitted prior to the enforcement of this Act and an

action on the merits is an action relating to a patent right, etc., the provisions

then in force shall remain applicable.

(Transitional measures relating to the Utility Model Act)

Article 5 (1) In cases where the date of the enforcement of this Act is before the

date of the enforcement of the Act for Partial Revision of the Patent Act, etc.,

with regard to the application of the provisions of Article 47, paragraph (2) of

the Utility Model Act until the date preceding the date of the enforcement of

the Act for Partial Revision of the Patent Act, etc., the terms "Article 182" and

"and delivery of original copy of judgment" shall be deemed to be replaced with

"Article 182-2", and "and, delivery of original copy of judgment and composition

of panel", respectively.

(2) In the case referred to in the preceding paragraph, the provisions of Article

182-2 of the Patent Act revised by the provisions of Article 2 and applied

mutatis mutandis in Article 47, paragraph (2) of the Utility Model Act which

shall be deemed to be replaced in the preceding paragraph and applied shall

not be applied to a case actually pending at the time of the enforcement of this

Act.

Supplementary Provisions [Act No. 79 of June 4, 2004 Extract] [Extract]

(Effective date)

Article 1 This Act shall come into effect as from April 1, 2005; provided, however,

that the provisions listed in the following items shall come into effect as from

the date prescribed respectively in those items.

(i) The provisions of Article 6 of these Supplementary Provisions: the date of

the promulgation

(ii) The provisions revising Article 195, paragraph (7) of the Patent Act in

Article 1; the provisions revising Article 54, paragraph (6) of the Utility

Model Act in Article 2; and the provisions revising Articles 14 through 16 of

the Act on Special Provisions for Procedures related to Industrial Property

Rights in Article 3; and the provisions of Article 4, paragraph (1) of these

Supplementary Provisions: the date of the promulgation or April 1, 2004,

whichever comes later

(Transitional measures accompanying revision of the Utility Model Act)

Article 3 The provisions of the Utility Model Act revised by the provisions of

Article 2 (excluding the provisions revising Article 54, paragraph (6) of the

Utility Model Act) shall be applied to applications for utility model registration

being filed after the enforcement of this Act; and with regard to applications

for utility model registration filed prior to the enforcement of this Act, the

provisions then in force shall remain applicable.

(Delegation to Cabinet Order)

Article 6 In addition to what is prescribed in Articles 2 through the preceding

Article of these Supplementary Provisions, necessary transitional measures

relating to the enforcement of this Act shall be specified by a Cabinet Order.

(Review)

Article 7 The Government shall, when five years have passed from the

enforcement of this Act and it finds the necessity by taking into account the

status of enforcement of the provisions of Chapter 4, Section 3 of the Newly

Revised Act on Special Provisions, review the provisions of the same section

and take necessary measures based on the results thereof.

Supplementary Provisions [Act No. 102 of June 18, 2004 Extract]

(Effective date)

Article 1 This Act shall come into effect as from April 1, 2005.

(Principle of transitional measures)

Article 2 The provisions (excluding the penal provisions) of the Court Act, the

Code of Civil Procedure, the Act on Costs of Civil Procedure, the Patent Act,

the Utility Model Act, the Design Act, the Trademark Act, the Unfair

Competition Prevention Act and the Copyright Act revised by this Act shall,

except as otherwise provided in these Supplementary Provisions, be applied

also to the matters which occurred prior to the enforcement of this Act;

provided, however, that this shall not preclude an effect raised prior to revision

by this Act by the provisions of these Acts.

(Transitional measures accompanying partial revision of the former Utility

Model Act of 1993)

Article 5 (1) The provisions (excluding the penal provisions) of the former Utility

Model Act of 1993 revised by this Act shall, except in the case prescribed in the

following paragraph, also be applied also to the matters which occurred prior to

the enforcement of this Act; provided, however, that this shall not preclude an

effect raised by the provisions of the former Utility Model Act of 1993 prior to

revision by this Act.

(2) The following provisions shall not be applied to cases where litigation has

completed prior to the enforcement of this Act, cases where oral arguments

before a high court or a district court that constitutes a court of second

instance have finished prior to the enforcement of this Act, or cases where

parties, prior to the enforcement of this Act, have agreed to reserve rights to a

final appeal against the summary court judgment or the judgment that the

district court has made as a court of first instance and not to appeal to the

court of second instance:

(i) The provisions of Articles 104-3, 105-4 through 105-6 and Article 168,

paragraph (5) and (6) of the New Patent Act applied mutatis mutandis in

Article 13-3, paragraph (4) of the former Utility Model Act of 1993 revised by

this Act (including cases where they are applied mutatis mutandis in Article

48-13, paragraph (2) of the former Utility Model Act of 1993 revised by this

Act)

(ii) The provisions of Articles 105-4, through 105-6 of the New Patent Act

applied mutatis mutandis in Article 30 of the former Utility Model Act of

1993 revised by this Act

Supplementary Provisions [Act No. 75 of June 29, 2005 Extract] [Extract]

(Effective date)

Article 1 This Act shall come into effect as from the date specified by a Cabinet

Order within a period not exceeding one year from the date of the promulgation.

(Transitional measures)

Article 2 The provisions of Article 2, paragraph (1), item (iii) of the Unfair

Competition Prevention Act revised by the provisions of Article 1 shall be

applied to the acts listed in the said item, which were conducted after the

enforcement of this Act; and with regard to the acts which have been conducted

prior to the enforcement of this Act and are listed in Article 2, paragraph (1),

item (iii) of the Unfair Competition Prevention Act prior to revision by the

provisions of Article 1, the provisions then in force shall remain applicable.

Article 3 Deletion

Article 4 Deletion

(Delegation to Cabinet Order)

Article 5 In addition to what is prescribed in Article 2 of these Supplementary

Provisions, necessary transitional measures relating to the enforcement of this

Act shall be specified by a Cabinet Order.

Supplementary Provisions [Act No. 55 of June 7, 2006 Extract] [Extract]

(Effective date)

Article 1 (i)This Act shall come into effect as from the date specified by a Cabinet Order within a period not exceeding one year from the date of the

promulgation; provided, however, that the provisions listed in the following

items shall come into effect as from the date prescribed respectively in those

items.

(ii) The provisions revising Article 2, paragraph (3), Articles 38, 44-3 and 55,

the provisions deleting the heading of Article 69, the provisions adding the

heading prior to the said Article, the provisions revising the said Article, the

provisions adding one Article next to the said Article and the provisions

revising Article 74 of the Design Act in Article 1; the provisions revising

Articles 2, 101, 102-3 and 175, the provisions deleting the heading of Article

196, the provisions adding the heading prior to the said Article, the

provisions revising the said Article, the provisions adding one Article next to

the said Article and the provisions revising Article 201 of the Patent Act in

Article 2; the provisions of Article 3; the provisions revising Article 2,

paragraph (3), Articles 37 and 67, the provisions deleting the heading of

Article 78, the provisions adding the heading prior to the said Article, the

provisions revising the said Article, the provisions adding one Article next to

the said Article and the provisions revising Article 82 of the Trademark Act

in Article 4; and the provisions of Article 5; and the provisions of the

following Article, paragraph (3) and Article 3, paragraph (2), Article 4,

Article 5, paragraph (2), Articles 9, 12, 13 and 16 of these Supplementary

Provisions: January 1, 2007

(Transitional measures accompanying revision of the Utility Model Act)

Article 4 The provisions of Articles 2, 28, 33-3 and 44 of the Utility Model Act

revised by the provisions of Article 3 shall be applied to acts partially

conducted on and after the Enforcement Date; and with regard to acts partially

conducted prior to the Enforcement Date, the provisions then in force shall

remain applicable.

Article 9 Deletion

Article 10 Deletion

(Transitional measures accompanying partial revision of the former Utility

Model Act of 1993)

Article 13 The provisions of Articles 2 and 28 of the former Utility Model Act of

1993 revised by the provisions of the preceding Article shall be applied to acts

partially conducted on and after the Enforcement Date; and with regard to acts

partially conducted prior to the Enforcement Date, the provisions then in force

shall remain applicable.

(Delegation to Cabinet Order)

Article 14 In addition to what is prescribed in Articles 2 through 11 and the

preceding Article of these Supplementary Provisions, necessary transitional

measures relating to the enforcement of this Act shall be specified by a Cabinet

Order.

Supplementary Provisions [Act No. 16 of April 18, 2008 Extract] [Extract]

(Effective date)

Article 1 This Act shall come into effect as from the date specified by a Cabinet

Order within a period not exceeding one year from the date of the

promulgation; provided, however, that the provisions listed in the following

items shall come into effect as from the date prescribed respectively in those

100

items.

(i) The provisions of Article 6 of these Supplementary Provisions: the date of

the promulgation

(iii) The provisions revising Article 27, paragraph (1), item (i) and Article 98,

paragraph (1), item (i) of the Patent Act in Article 1; the provisions revising

Article 49, paragraph (1), item (i) of the Utility Model Act in Article 2; the

provisions revising Article 61, paragraph (1), item (i) of the Design Act in

Article 3; and the provisions revising Article 68-27, paragraphs (1) and (2) of

the Trademark Act in Article 4: September 30, 2008

(Transitional measures accompanying revision of the Utility Model Act)

Article 3 (1) The provisions of Article 10, paragraph (1), proviso and paragraph

(6) of the new Utility Model Act shall be applied to an application for patent

concerning which a certified copy of the examiner's initial decision is to be

served on or after the date of the enforcement of this Act to the effect that the

application for patent should be refused; and with regard to an application for

patent concerning which a certified copy of the examiner's initial decision has

been served prior to the date of the enforcement of this Act to the effect that

the application for patent should have been refused, the provisions then in

force shall remain applicable.

(2) The provisions of Article 10, paragraph (2), proviso and paragraph (7) of the

new Utility Model Act shall be applied to an application for design registration

concerning which a certified copy of the examiner's initial decision is to be

served on or after the date of the enforcement of this Act to the effect that the

application for design registration should be refused; and with regard to an

application for design registration concerning which a certified copy of the

examiner's initial decision has been served prior to the date of the enforcement

of this Act to the effect that the application for design registration should have

been refused, the provisions then in force shall remain applicable.

(Delegation to Cabinet Order)

Article 6 In addition to what is prescribed in Article 2 to the preceding Article of

these Supplementary Provisions, necessary transitional measures relating to

the enforcement of this Act shall be specified by a Cabinet Order.

Supplementary Provisions [Act No. 63 of June 8, 2011 Extract] [Extract]

(Effective date)

Article 1 This Act shall come into effect as from the date specified by a Cabinet

Order within a period not exceeding one year from the date of the promulgation.

101

(Transitional measures accompanying partial revision of the Utility Model Act)

Article 3 (1) The provisions of Article 34-3, paragraph (5) of the New Patent Act

applied mutatis mutandis in Article 4-2, paragraph (3) of the Utility Model Act

revised by the provisions of Article 2 (hereinafter referred to as the "new

Utility Model Act") shall not be applied in a case where a priority has been

claimed pursuant to the provisions of Article 8, paragraph (1) of the new

Utility Model Act prior to the date of the enforcement of this Act.

(2) The provisions of Article 7 of the new Utility Model Act shall be applied to

applications for utility model registration or applications for patent filed on

and after the date of the enforcement of this Act, and with regard to

applications for utility model registration or applications for patent filed prior

to the date of the enforcement of this Act, the provisions then in force shall

remain applicable.

(3) In a case where a person has a provisional non-exclusive license registered

concerning an application for patent actually pending before the Japan Patent

Office at the time of the enforcement of this Act, with regard to consent

pertaining to a priority claim which is based on the application for patent and

is pursuant to the provisions of Article 8, paragraph (1) of the new Utility

Model Act, or a conversion of an application which is based on the application

for patent and is pursuant to the provisions of Article 10, paragraph (1) of the

new Utility Model Act, notwithstanding the provisions of Article 8, paragraph

(1), proviso or Article 10, paragraph (9) of the new Utility Model Act, the

provisions then in force shall remain applicable.

(4) The provisions of Article 30 of the New Patent Act applied mutatis mutandis

in Article 11, paragraph (1) of the new Utility Model Act shall, except in the

case prescribed in the following paragraph, be applied to devices pertaining to

applications for utility model registration filed on and after the date of the

enforcement of this Act, and with regard to devices pertaining to applications

for utility model registration filed prior to the date of the enforcement of this

Act, the provisions then in force shall remain applicable.

(5) In a case where an application for utility model registration filed on and after

the date of the enforcement of this Act is accompanied with a priority claim

pursuant to the provisions of Article 8, paragraph (1) of the new Utility Model

Act, and the Earlier Application prescribed in the said paragraph, which has

been deemed to be the basis for the priority claim, has been filed prior to the

date of the enforcement of this Act; with regard to a device pertaining to the

Earlier Application among devices pertaining to the application for utility

model registration, notwithstanding the provisions of Article 30 of the New

Patent Act applied mutatis mutandis in Article 11, paragraph (1) of the new

Utility Model Act, the provisions then in force shall remain applicable.

(6) The provisions of Article 17-2 of the new Utility Model Act, Article 104-3,

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paragraph (3) of the New Patent Act applied mutatis mutandis in Article 30 of

the new Utility Model Act and Article 37, paragraph (1), item (v) and

paragraph (2) of the new Utility Model Act shall be applied to applications for

utility model registration filed on and after the date of the enforcement of this

Act, and with regard to applications for utility model registration filed prior to

the date the enforcement of this Act, the provisions then in force shall remain

applicable.

(7) The provisions of Article 99 of the New Patent Act and Article 20, paragraph

(1) of the new Utility Model Act which are applied mutatis mutandis in Article

19, paragraph (3) of the new Utility Model Act shall be applied also to the non-

exclusive licenses actually existing at the time of the enforcement of this Act.

(8) In cases where a registration has been carried out prior to the date of the

enforcement of this Act, under Article 99, paragraph (3) of the former Patent

Act (including the registration in a case where a registration has been deemed

to be carried out under Article 99, paragraph (3) of the former Patent Act

applied mutatis mutandis in Article 19, paragraph (3) of the former Utility

Model Act, pursuant to the provisions of Article 58, paragraph (2) of the former

Industrial Revitalization Act) applied mutatis mutandis in Article 19,

paragraph (3) or Article 25, paragraph (4) of the Utility Model Act prior to

revision by the provisions of Article 2 (hereinafter referred to as the "former

Utility Model Act") pertaining to the transfer, modification, extinction or

restriction on disposition of a non-exclusive license, or the establishment,

transfer, modification, extinction or restriction on disposition of a right of

pledge on a non-exclusive license; with regard to the effect of the registration

to third parties, the provisions then in force shall remain applicable.

(9) The provisions of Article 82, paragraph (1) of the New Patent Act applied

mutatis mutandis in Article 26 of the new Utility Model Act shall be applied

also to non-exclusive licenses concerning design rights or exclusive licenses

thereof which actually exist at the time of the enforcement of this Act.

(10) The provisions of Article 104-4 of the New Patent Act applied mutatis

mutandis in Article 30 of the new Utility Model Act shall be applied to claims

in actions for retrial filed on and after the date of the enforcement of this Act

(limited to actions for retrial pertaining to lawsuits to which applied are the

provisions of Article 104-3, paragraph (1) of the Revised Patent Act of 2004

applied mutatis mutandis in Article 30 of the Utility Model Act revised by the

provisions of the Article 5 of the Act for Partial Revision of the Court Act, etc.

(Act No. 120 of 2004)).

(11) The provisions of Article 33-2, paragraph (1) of the new Utility Model Act

shall be applied to utility model rights deemed to have extinguished or from

the beginning to have been non-existent pursuant to the provisions of Article

33, paragraph (4) or (5) of the new Utility Model Act on and after the date of

103

the enforcement of this Act, and with regard to utility model rights deemed to

have extinguished or from the beginning to have been non-existent pursuant to

the provisions of Article 33, paragraph (4) or (5) of the former Utility Model Act

prior to the date of the enforcement of this Act, the provisions then in force

shall remain applicable.

(12) With regard to a trial or a retrial requested prior to the date of the

enforcement of this Act, the provisions then in force shall remain applicable

until the decision become final and binding.

(13) With regard to a retrial against a final and binding decision on a trial

requested prior to the date of the enforcement of this Act, the provisions then

in force shall remain applicable.

(14) With regard to invalidation of a utility model registration (limited to

invalidation pertaining to Article 37, paragraph (1), item (vii) of the former

Utility Model Act) pertaining to correction which has been made under Article

14-2, paragraph (1) of the former Utility Model Act, prior to the date of the

enforcement of this Act (including corrections which is made on and after the

date of the enforcement of this Act, and with regard to which the provisions

then in force shall remain applicable pursuant to the provisions of paragraph

(12)); the provisions then in force shall remain applicable.

(15) The provisions of Article 167 of the new Utility Model Act applied mutatis

mutandis in Article 41 of the new Utility Model Act shall be applied to a trial

based on the same facts and same evidence as a trial a final and binding

decision of which has been registered on and after the date of the enforcement

of this Act, and with regard to a trial based on the same facts and same

evidence as a trial a final and binding decision of which has been registered

prior to the date of the enforcement of this Act, the provisions then in force

shall remain applicable.

(16) The provisions of Article 181 of the New Patent Act applied mutatis

mutandis in of Article 47, paragraph (2) of the new Utility Model Act shall be

applied to actions against decisions on trials requested on and after the date of

the enforcement of this Act, and with regard to actions against decisions on

trials requested prior to the date of the enforcement of this Act, the provisions

then in force shall remain applicable.

(17) The provisions of Article 48-4, paragraphs (4) and (5) of the new Utility

Model Act shall not be applied to International Applications for Utility Model

Registration deemed to have been withdrawn pursuant to the provisions of

Article 48-4, paragraph (3) of the former Utility Model Act prior to the date of

the enforcement of this Act.

(18) With regard to certification, etc. for information which is pertaining to non-

exclusive licenses registered prior to the date of the enforcement of this Act,

and for which certification, etc. has been not to be made pursuant to the

104

provisions of Article 186, paragraph (3) of the former Patent Act applied

mutatis mutandis in Article 55, paragraph (1) of the former Utility Model Act,

notwithstanding the provisions of the main clause of Article 186, paragraph (1)

of the New Patent Act applied mutatis mutandis in Article 55, paragraph (1) of

the new Utility Model Act, the provisions then in force shall remain applicable.

(Delegation to Cabinet Order)

Article 11 In addition to what is prescribed in Articles 2 through the preceding

Article of these Supplementary Provisions, necessary transitional measures

relating to the enforcement of this Act shall be specified by a Cabinet Order.

(Transitional measures accompanying partial revision of the former Utility

Model Act of 1993)

Article 18 The provisions of Article 104-4 of the New Patent Act applied mutatis

mutandis in Article 13-3, paragraph (4) of the former Utility Model Act of 1993

revised by the provisions of the preceding Article (hereinafter referred to as the

"the Revised former Utility Model Act of 1993") shall be applied to claims in

actions for retrial filed on and after the date of the enforcement of this Act

(limited to actions for retrial pertaining to lawsuits to which applied are the

provisions of Article 104-3, paragraph (1) of the Revised Patent Act of 2004

applied mutatis mutandis in Article 13-3, paragraph (4) of the former Utility

Model Act of 1993 revised by the provisions of Article 4 of the Supplementary

Provisions of the Act for Partial Revision of the Court Act, etc. (Act No. 120 of

2004)).

(Transitional measures accompanying partial revision of the Amendment Act of

1993)

Article 20 (1) With regard to a trial or a retrial which has been requested prior

to the date of the enforcement of this Act, and is under Article 37, paragraph

(1), Article 39, paragraph (1) or Article 48-12, paragraph (1) of the former

Utility Model Act of 1993 prior to revision by the provisions of Article 17 of the

Supplementary Provisions (hereinafter referred to as the "former Utility Model

Act of 1993 prior to Revision"); the provisions then in force shall remain

applicable until the decision becomes final and binding.

(2) With regard to trials concerning the correction of a description or drawings

attached to an application for utility model registration pertaining to a trial

which has been requested prior to the date of the enforcement of this Act, and

is under Article 37, paragraph (1) or Article 48-12, paragraph (1) of the former

Utility Model Act of 1993 prior to Revision, and the decision of which is not

final and binding (referred to as a "trial for correction " in the following

paragraph); the provisions then in force shall remain applicable until the

105

decision becomes final and binding.

(3) With regard to retrials against final and binding decisions on trials which

have been requested prior to the date of the enforcement of this Act and are

under Article 37, paragraph (1), Article 39, paragraph (1) or Article 48-12,

paragraph (1) of the former Utility Model Act of 1993 prior to Revision, and

with regard to retrials against final and binding decisions on trials for

correction being requested under the provisions then in force pursuant to the

provisions of the preceding paragraph on and after the date of the enforcement

of this Act; the provisions then in force shall remain applicable.

(4) With regard to invalidation of a utility model registration (limited to

invalidation pertaining to Article 37, paragraph (1), item (ii)-2 of the former

Utility Model Act of 1993 prior to Revision) pertaining to correction which has

been made prior to the date of the enforcement of this Act and is pursuant to

the provisions of Article 39, paragraph (1) or Article 40-2, paragraph (1) of the

former Utility Model Act of 1993 prior to Revision (including correction which

is made on and after the date of the enforcement of this Act, and with regard to

which the provisions then in force shall remain applicable pursuant to the

provisions of paragraph (1) or (2)); the provisions then in force shall remain

applicable.

(5) The provisions of Article 167 applied mutatis mutandis in Article 41 of the

Revised former Utility Model Act of 1993 replaced in Article 4, paragraph (2) of

the Supplementary Provisions of the Amendment Act of 1993 revised by the

provisions of the preceding Article (hereinafter referred to as the "Replaced

Revised former Utility Model Act of 1993") shall be applied to a trial based on

the same facts and same evidence as a trial the final and binding decision of

which has been registered on and after the date of the enforcement of this Act;

and with regard to a trial based on the same facts and same evidence as a trial

the final and binding decision of which has been registered prior to the date of

the enforcement of this Act, the provisions then in force shall remain

applicable.

(6) The provisions of Article 195-4 of the New Patent Act applied mutatis

mutandis in Article 47, paragraph (1) of the Revised former Utility Model Act

of 1993 and Article 55, paragraph (6) of Replaced Revised former Utility Model

Act of 1993 shall be applied to a decision of dismissal of a written request for

correction which has been requested on and after the date the enforcement of

this Act, and which is made pursuant to the provisions of Article 133,

paragraph (3) of the New Patent Act applied mutatis mutandis in Article 41 of

the Replaced Revised former Utility Model Act of 1993 pertaining to a trial

under Article 37, paragraph (1) or Article 48-12, paragraph (1) of the Revised

former Utility Model Act of 1993, and is under Article 40-2, paragraph (1) of

the Revised former Utility Model Act of 1993; and with regard to a decision of

106

dismissal of a written request for correction which has been requested prior to

the date of the enforcement of this Act, and which is made pursuant to the

provisions of Article 133, paragraph (3) of the former Patent Act applied

mutatis mutandis in Article 41 of the former Utility Model Act of 1993 prior to

Revision pertaining to a trial under Article 37, paragraph (1) or Article 48-12,

paragraph (1) of the former Utility Model Act of 1993 prior to Revision, and is

under Article 40-2, paragraph (1) of the former Utility Model Act of 1993 prior

to Revision, the provisions then in force shall remain applicable.

(7) The provisions of Article 181 of the New Patent Act applied mutatis mutandis

in Article 47, paragraph (2) of Replaced Revised former Utility Model Act of

1993 shall be applied to an action against a decision concerning a trial which is

requested on and after the date of the enforcement of this Act, and is under

Article 37, paragraph (1), Article 39, paragraph (1) or Article 48-12, paragraph

(1) of the Revised former Utility Model Act of 1993; and with regard to an

action against a decision on a trial which has been requested prior to the date

of the enforcement of this Act, and is under Article 37, paragraph (1), Article

39, paragraph (1) or Article 48-12, paragraph (1) of the former Utility Model

Act of 1993 prior to Revision, the provisions then in force shall remain

applicable.

(8) The provisions of Appended Tables 9 of the Revised former Utility Model Act

of 1993 shall be applied to fees pertaining to a trial which is requested on and

after the date of the enforcement of this Act, and is under Article 37,

paragraph (1) or Article 48-12, paragraph (1) of the Revised former Utility

Model Act of 1993; and with regard to fees pertaining to a trial which is

requested prior to the date of the enforcement of this Act and is under Article

37, paragraph (1) or Article 48-12, paragraph (1) of the Former Utility Model

Act of 1993 prior to Revision, the provisions of Appended Tables 9 of the former

Utility Model Act of 1993 prior to Revision shall remain applicable.

Supplementary Provisions [Act No. 74 of June 24, 2011 Extract] [Extract]

(Effective date)

Article 1 This Act shall come into effect as from the date to which 20 days have

elapsed from the date of the promulgation.

Supplementary Provisions [Act No. 36 of May 14, 2014 Extract] [Extract]

(Effective date)

Article 1 This Act shall come into effect as from the date specified by a Cabinet

Order within a period not exceeding one year from the date of the

promulgation; provided, however, that the provisions listed in the following

107

items shall come into effect as from the date prescribed respectively in those

items.

(i) The provisions of Article 9 of these Supplementary Provisions: the date of

the promulgation

(Transitional measures accompanying partial revision of the Utility Model Act)

Article 3 (1) The provisions of Article 2-2, paragraph (1), proviso of the Utility

Model Act revised by the provisions of Article 2 (hereinafter referred to as the

"new Utility Model Act") shall be applied to applications for utility model

registration filed after the enforcement of this Act, and with regard to

applications for utility model registration filed prior to the enforcement of this

Act, the provisions then in force shall remain applicable.

(2) The provisions of Article 8, paragraphs (1) and (4) of the new Utility Model

Act shall be applied to priority claims accompanying applications for utility

model registration filed after the enforcement of this Act, and with regard to

priority claims accompanying applications for utility model registration filed

prior to the enforcement of this Act, the provisions then in force shall remain

applicable.

(3) The provisions of Article 9, paragraph (1) of the new Utility Model Act shall

be applied to an early application which has been made to be the basis of a

priority claim which accompanies an application for utility model registration

filed after the enforcement of this Act, and which is prescribed in Article 8,

paragraph (1) of the new Utility Model Act; and with regard to an early

application which has been made to be the basis of a priority claim which

accompanies an application for utility model registration filed prior to the

enforcement of this Act, and which is prescribed in Article 8, paragraph (1) of

the Utility Model Act prior to revision by the provisions of Article 2

(hereinafter referred to as the "former Utility Model Act"), the provisions then

in force shall remain applicable.

(4) The provisions of Article 9, paragraphs (2) and (3) of the new Utility Model

Act shall be applied to a priority claim accompanying an application for utility

model registration being filed after the enforcement of this Act; and with

regard to a priority claim accompanying an application for utility model

registration filed prior to the enforcement of this Act, the provisions then in

force shall remain applicable.

(5) The provisions of Article 30, paragraph (4) of the New Patent Act applied

mutatis mutandis in Article 11, paragraph (1) of the new Utility Model Act

shall not be applied in a case where no certificate prescribed in Article 30,

paragraph (3) of the former Patent Act has been submitted within the period

prescribed in the said paragraph applied mutatis mutandis in Article 11,

paragraph (1) of the former Utility Model Act prior to the enforcement of this

108

Act.

(6) The provisions of Article 43, paragraph (1) of the New Patent Act applied

mutatis mutandis in Article 11, paragraph (1) of the new Utility Model Act

(including cases where Article 43, paragraph (1) of the New Patent Act is

applied mutatis mutandis in Article 43-4, paragraph (3) of the New Patent

applied mutatis mutandis in Article 11, paragraph (1) of the new Utility Model

Act) shall be applied to a priority claim accompanying an application for utility

model registration being filed after the enforcement of this Act; and with

regard to a priority claim accompanying an application for utility model

registration filed prior to the enforcement of this Act, the provisions then in

force shall remain applicable.

(7) The provisions of Article 43, paragraph (6) of the New Patent Act applied

mutatis mutandis in Article 11, paragraph (1) of the new Utility Model Act

(including cases where Article 43, paragraph (6) of the New Patent Act is

applied mutatis mutandis in Article 43-3, paragraph (3) of the New Patent Act

applied mutatis mutandis in Article 11, paragraph (1) of the new Utility Model

Act) shall not be applied in a case where, prior to the enforcement of this Act,

no documents prescribed in Article 43, paragraph (2) of the former Patent Act

applied mutatis mutandis in Article 11, paragraph (1) of the former Utility

Model Act (including cases where Article 43, paragraph (2) of the former

Patent Act is applied mutatis mutandis in Article 43-2, paragraph (3) of the

former Patent Act applied mutatis mutandis in Article 11, paragraph (1) of the

former Utility Model Act; hereinafter the same shall be applied in this

paragraph), within the period prescribed in Article 43, paragraph (2) of the

former Patent Act applied mutatis mutandis in Article 11, paragraph (1) of the

former Utility Model Act, nor letters prescribed in Article 43, paragraph (5) of

the former Patent Act applied mutatis mutandis in Article 11, paragraph (1) of

the Former Utility Model Act (including cases where Article 43, paragraph (5)

of the former Patent Act is applied mutatis mutandis in Article 43-2,

paragraph (3) of the former Patent Act applied mutatis mutandis in Article 11,

paragraph (1) of the former Utility Model Act) have been submitted.

(8) The provisions of Article 43-2 of the New Patent Act applied mutatis

mutandis in Article 11, paragraph (1) of the new Utility Model Act (including

cases where Article 43-2 of the New Patent Act is applied mutatis mutandis in

Article 43-3, paragraph (3) of the New Patent Act applied mutatis mutandis in

Article 11, paragraph (1) of the new Utility Model Act) shall not be applied to a

priority claim accompanying an application for utility model registration filed

prior to the enforcement of this Act.

(9) The provisions of Article 32, paragraph (4) of the new Utility Model Act shall

not be applied in cases where registration fees have not been paid within the

period extended pursuant to the provisions of Article 32, paragraph (3) of the

109

former Utility Model Act, prior to the enforcement of this Act.

(10) The provisions of Article 34, paragraph (3) of the new Utility Model Act shall

not be applied in cases where a return of registration fees pursuant to the

provisions of Article 34, paragraph (1) of the former Utility Model Act has not

been requested within the period prescribed in paragraph (2) of the said Article

prior to the enforcement of this Act.

(11) With regard to the amendment of procedures concerning an international

application deemed to be an application for utility model registration filed

pursuant to the provisions of Article 48-16, paragraph (4) of the Utility Model

Act, prior to the enforcement of this Act, the provisions then in force shall

remain applicable.

(12) The provisions of Article 54-2, paragraph (12) of the new Utility Model Act

shall not be applied in cases where a return of fees pursuant to the provisions

of Article 54-2, paragraph (2), (4) or (6), (8) or (10) of the former Utility Model

Act has not been requested within the period prescribed in paragraph (3), (7),

(9) or (11) of the said Article prior to the enforcement of this Act.

(Transitional measures relating to penal provisions)

Article 8 With regard to application of penal provisions to acts conducted prior

to the enforcement of this Act, the provisions then in force shall remain

applicable.

(Delegation to Cabinet Order)

Article 9 In addition to what is prescribed in Articles 2 through the preceding

Article and Article 19 of these Supplementary Provisions, necessary

transitional measures relating to the enforcement of this Act shall be specified

by a Cabinet Order.

(Review)

Article 10 The Government shall, when five years have passed from the

enforcement of this Act and it finds the necessity by taking into account the

status of enforcement of the Patent Attorney Act revised by the provisions of

Article 6 (hereinafter referred to as the "New Patent Attorney Act" in this

Article), review the provisions of the New Patent Attorney Act and take

necessary measures based on the results thereof.

Supplementary Provisions [Act No. 69 of June 13, 2014 Extract] [Extract]

(Effective date)

Article 1 This Act shall come into effect as from the date of the enforcement of

the Administrative Appeal Act (Act No. 68 of 2014).

110

Supplementary Provisions [Act No. 55 of July 10, 2015 Extract] [Extract]

(Effective date)

Article 1 This Act shall come into effect as from the date specified by a Cabinet

Order within a period not exceeding one year from the date of the promulgation.

(Delegation to Cabinet Order)

Article 5 In addition to what is prescribed in the preceding 3 articles and Article

9 of these Supplementary Provisions, necessary transitional measures relating

to the enforcement of this Act shall be specified by a Cabinet Order.

Appended table (relating to Article 54)

Person responsible for payment Amount of Money

1 Person filing application for utility

model registration

14,000 yen per case

2 Person responsible for procedures

pursuant to provisions of Article 48-

5, paragraph (1)

14,000 yen per case

3 Person offering pursuant to

provisions of Article 48-16,

paragraph (1)

14,000 yen per case

4 Person requesting extension of

period pursuant to provisions of

Article 5, paragraph (3) of the Patent

Act applied mutatis mutandis in

Article 2-5, paragraph (1)

4,200 yen per case

5 Person requesting Utility Model

Technical Opinion

42,000 yen per case, plus

1,300 yen per claim

6 Person correcting description, scope

of claims for a utility model

registration, or drawings

1,400 yen per case

7 Person requesting judgment

pursuant to provisions of Article 71,

paragraph (1) of the Patent Act

applied mutatis mutandis in Article

40,000 yen per case

8 Person requesting ruling 55,000 yen per case

9 Person requesting rescission of

ruling

27,500 yen per case

10 Person requesting trial or retrial 49,500 yen per case, plus

5,500 yen per claim

11 Person applying for intervention in

trial or retrial.

55,000 yen per case

111

Japon

JP182

Utility Model Act (Act No. 123 of April 13, 1959, as amended up to Act No. 55 of July 10, 2015)