(1) PURPOSE OF THE LAW AND SYSTEM
The purpose of this law is to encourage invention by promoting their protection and utilization so as to contribute to the development of industry.

(2) OUTLINE OF THE SYSTEM
Patent applications may be registered after examination in accordance with the Patent Law.
Any patentee may require a person who is infringing or is likely to infringe the patent right to discontinue or refrain from such infringement (Paragraph 1 of Article 100). In addition, any patentee whose patent rights have been infringed may also claim damages arising from such infringement (Article 409 of the Civil Code: claim for compensation for damages).

(3) CABINET ORDER AND MINISTERIAL ORDINANCES
Enforcement Order of the Patent Law
Enforcement Registration of the Patent Law
Patent Registration Order
Enforcement Regulations of the Patent Registration Order

(4) OUTLINE OF THE CONTROL
1) Items Covered
Any person who has made an invention which is industrially applicable may obtain a patent therefor, except in the case of the following patent (Article 29):
i. Any invention that was publicly known in Japan or elsewhere prior to the patent registration application.
ii. Any invention that was publicly worked in Japan or elsewhere prior to the patent application.
iii. Any invention that was described in a publication distributed in Japan or elsewhere prior to the patent application, or any invention publicly avilable via telecommunication network.
iv. Any invention easily realized, based on inventions i., ii. and iii. listed above, by a person who has common knowledge in the technical field to which the invention belongs prior to the patent application.

2) Outline of Specifications, Standards and Inspections, etc.
i. Patent right
A patent right is established in accordance with the respective laws of each country. However, there is also the Paris Convention that necessitates member countries patent protection.
A study is actually being made in order to internationally harmonize intellectual property systems (patent systems) at a meeting of the WIPO (World Intellectual Property Organization). Incidentally, the term of a patent right shall be 20 years from the filing date of the patent application (Article 67).

ii. Procedure for application (Article 36)
Any person who wishes to obtain a patent is required to file an application with the Commissioner of the Patent Office stating the following details.
(i) The name and the domicile or residence of the applicant (if the applicant is a legal entity person, name and name of the representative).
(ii) The name and domicile or residence of the inventor
The applicant is also required to attach the specification, scope of the patent claim, and any drawings necessary and the abstract to the application form. The specification includes the following items.
(i) Title of the invention
(ii) A brief explanation of the drawings
(iii) A detailed explanation of the invention

(5) HIGHLIGHTS OF THE RECENT AMENDMENT
Amendments in 1998 and 1999
In order to strengthen the protection of the intellectual property right and to promote the improvement of the incentive for activities of intellectual activities, the Patent Law was partially amended. Main amended points are as follows.
1) Realization of wide, strong and rapid remedial measures
Review of a compensation calculation system for damages during an infringement of rights (such as Article 102), review of penal provisions for a crime of infringement toward juridical persons (Article 201, etc.), substantiality of remedial measures for an infringement of patent rights (mainly for proofing method) (such as Article 105) and introduction of a disclosure system of application by applicant's reqirement. (Article 64)

2) Realization of early protection
Speeding up of appeal proceedings (such as Article 131)
Amendment in 2002
The Law Partially Amending the Patent Law was passed in April, 2002, based on the report issued in December, 2001 by the Intellectual Property Policy Committee of the Industrial Structure Council. Important revisions are as follows.
1) Strengthening of protection for information goods such as software, and promotion of transaction over networks
2) Expansion of provisions on indirect infringement in the Patent Law
3) Promotion of decrease in the burden of applicants and examination that is rapid and accurate

Amendment in 2003
The Law Partially Amending the Patent Law was passed in May, 2003, based on report from the Intellectual Property Policy Committee of the Industrial Structure Council. Important revisions are as follows.
1) Revision of patent-related handling fee system
- transformation into fee system that would encourage strategic patenting
- introduction of refund system for the examination application fee
- revision in reduction and exemption measures
2) Establishment of rapid and accurate dispute settlement regarding patents
- unification of various settlement systems into one dispute settlement system for patent validity
- rapid solution for cases of patent validity
3) Facilitation of acquisition of international rights

Amendment in 2004
The Law for Partial Revision of the Patent Law for Acceleration of Patent Examinations, passed in May, 2004, has resulted in changes including the following.
1) Revision of systems such as the Designated Accreditation Body System
2) Introduction of Specially Registered Accreditation Body System
3) Refund for patent and other fees using prepayment system
4) Issuance of government gazette on the Internet
5) Revision of the utility model system
6) Expansion of the tasks of the National Center for Industrial Property Information, and independent administrative agency
7) Revision in employee invention system
Of the above, 3) took effect on June 4, 2004 (the day of promulgation), while 1) and 6) have come into effect from October 1, 2004, and 2), 4), 5), and 7) took effect from April 1, 2005.

(6) REFERENCE INFORMATION
(Liaison Offices for Further Information)
The Japan Patent Office http://www.jpo.go.jp
General Affairs Department:
International Affairs Division
Tel: 03-3581-1898
Trademark, Design and Administrative Affairs Department
Application Support Division
Tel: 03-3593-0485
Formality Examination Division
Tel: 03-3501-6733
Registration Office, Application Support Division
Tel: 03-3580-6843
First Patent Examination Department:
Administrative Affairs Division
Tel: 03-3501-0738