Revision of the Examination Guidelines for Patent and Utility Model in Japan
After the public comment period, the revision of the Examination Guidelines was finalized and published on March 23, 2016. The revision is effective on and after April 1, 2016, and concerns “use invention of foods”, “the amended Patent Law for accession to the Patent Law Treaty” and “patent term extension”.
(1) Use invention of foods
Use limitation in a food invention has the meaning of specifying the invention. However, in case that a food invention is an animal or plant, use limitation in the invention does not specify the invention, which may cause lack of novelty.
(2) The amended Patent Law for accession to the Patent Law Treaty
(Explanation is omitted)
(3) Patent term extension
In case that there are two marketing authorizations, patent term extension shall not be available, when marketing the medicine under the prior authorization “includes” marketing the same under the present authorization as a result of comparing two authorizations with respect to the examination matters related directly to substantial identity as a medicine in the light of the type and subject of the patented invention at issue.
You may consult the revised Examination Guidelines available on the JPO’s website.
(Reported by Toshio NAKAMURA, Ph.D., Japanese Patent Attorney)