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2007 Revisions to Japanese Patent Law. #1 Period for Filing Divisional Applications (A). *Japanese Patent Law Section 44 etc. Overview. NG. Divisional Application. After. Notice of Allowance. OK. Divisional Application. Before. Within 30days. Notice of Allowance.

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1 period for filing divisional applications a
#1 Period for Filing Divisional Applications (A)

*Japanese Patent Law Section 44 etc.

Overview

NG

Divisional Application

After

Notice of Allowance

OK

Divisional Application

Before

Within30days

Notice of Allowance

Effective April 1st, 2007, it is possible to file Divisional Applicationswithin 30 days of a Notice of Allowance

1 period for filing divisional applications b
#1 Period for Filing Divisional Applications (B)

*Japanese Patent Law Section 44 etc.

Application filed

Final O.A.

First O.A.

Without filing an Appeal against the Examiner’s Decision of Rejection

Divisional Applications can be filed at anytime prior to responding to a First O.A.

New

Divisional

Application

File

Application

Examination

Notice of

Reasons for

Rejection

Amendment

Argument

Decision of

Rejection

Rejection

Notice of

Allowance

Registration

Notice of

Allowance

Registration

Divisional

Application

Divisional

Application

New

New

Effective April 1st, 2007, it is possible to file a Divisional Applicationeven after the Notice of Allowance or Decision of Rejection

2 restrictions to divisional applications
#2 Restrictions to Divisional Applications

*Japanese Patent Law Section 17bis. etc.

Example Claim A : “Antenna for A Portable Telephone…” Claim B : “Hinge Device for A Portable Telephone…”

First O.A.

Before

Divisional Application A

Claim A

After

“Final” O.A.

*Any notice regarding the samerejection for a divisional applicationwill have the same restriction as the Final O.A.

Parent Application

Claim A

First O.A.

First O.A.

Divisional Application B

Claim B

3 restrictions to amendments
#3 Restrictions to Amendments

*Japanese Patent Law Section 17bis. etc.

Specification

*Claimed subject matter (Claim A) could be amended to different subject matter (Claim B) even after the First O.A.

Claim B

Claim A

OK

After

Specification

Before

Claim B

OK

Claim A

Claim C

NG

*After the First O.A., an amendment for any change in subject matter (Claim A) must be made within the unity of an invention

Example Claim A : “Antenna for A Portable Telephone…” Claim B : “Hinge Device for A Portable Telephone…”Claim C : “Antenna for A Portable Telephonewith high capacity condenser…”

4 period for filing japanese translations
#4 Period for Filing Japanese Translations

*Japanese Patent Law Section 36bis. etc.

After

Within

2 Months!

Within

14 Months!

Japanese

Translation

Japanese

Translation

Foreign Language

Application

*The period for filing a translation fora Foreign Language Application will be 14 months from the Japanese filing date or the priority date

Before

5 expansion of infringement acts
#5 Expansion of Infringement Acts

*Japanese Patent Law Supplementary provision etc.

After

Infringement Acts

Infringement Acts

Importation

Importation

Infringing

Products

Japan

Infringing

Products

Exportation

Exportation

*Infringement acts covers importing products/goods only

*Infringement acts covers both importing and exporting products/goods

Before

patent prosecution highway pph between the jpo and the uspto
# Patent Prosecution Highway (PPH)between the JPO and the USPTO

Eligibility / Filing a PPH request with the JPO

Case1:When an applicant has filed a U.S. application and a Japanese application based on a U.S. provisional

application, if the U.S. application is determined to be patentable first, the Japanese application is eligible

for the PPH

Correspondence of claims

US NON-provisional

Patentable

US

Provisional

JP

application

Request for

PPH

Paris convention priority

Case2:When a U.S. application derived from a U.S. basic application, e.g. divisional application, continuation application or continuation-in-part application, is determined to be patentable in the U.S., the Japanese application is eligible for the PPH based on the patentable claims of the claimed application

US

application

Correspondence of claims

Divisional or continuation

US NON-provisional

Patentable

JP

application

Request for

PPH

Paris convention priority