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1、1 Patent Act Patent Act (Act No. 121 of April 13, 1959) Chapter I General Provisions Chapter I General Provisions (Purpose) Article 1 The purpose of this Act is, through promoting the protection and the utilization of inventions, to encourage inventions, and thereby to contribute to the development
2、of industry. (Definitions) Article 2 (1) “Invention“ in this Act means the highly advanced creation of technical ideas utilizing the laws of nature. (2) “Patented invention“ in this Act means an invention for which a patent has been granted. (3) “Working“ of an invention in this Act means the follow
3、ing acts: (i) in the case of an invention of a product (including a computer program, etc., the same shall apply hereinafter), producing, using, assigning, etc. (assigning and leasing and, in the case where the product is a computer program, etc., including providing through an electric telecommunic
4、ation line, the same shall apply hereinafter), exporting or importing, or offering for assignment, etc. (including displaying for the purpose of assignment, etc., the same shall apply hereinafter) thereof; (ii) in the case of an invention of a process, the use thereof; and (iii) in the case of an in
5、vention of a process for producing a product, in addition to the action as provided in the preceding item, acts of using, assigning, etc., exporting or importing, or offering for assignment, etc. the product produced by the process. (4) A “computer program, etc.“ in this Act means a computer program
6、 (a set of instructions given to an electronic computer which are combined in order to produce a specific result, hereinafter the same shall apply in this paragraph) and any other information that is to be processed by an electronic computer equivalent to a computer program. (Calculation of time per
7、iods) Article 3 (1) The calculation of time periods under this Act or any order issued under this Act shall be made in accordance with the following provisions. (i) The first day of the period shall not be included in the calculation; provided, however, that this shall not apply where the period of
8、time commences at 2 00:00 hours. (ii) Where the period is indicated by months or years, such months or years shall refer to calendar months or calendar years. Where the period is not calculated from the beginning of a month or a year, the period shall expire on the preceding day of the day correspon
9、ding to the first day of the calculation in the last month or year; provided, however, that where there is no corresponding day in the last month, the period shall expire on the last day of the last month. (2) Where the last day of the prescribed period for any procedures relating to a patent (herei
10、nafter referred to as “procedures“) including filing a patent application and a request, is any of the days provided for in Article 1(1) of the Act on Holidays of Administrative Organs (Act No. 91 of 1988), the day following such day shall be the last day of the period. (Extension of time limits, et
11、c.) Article 4 The Commissioner of the Patent Office may, upon request or ex officio, extend the period provided for in Articles 46-2(1)(iii), 108(1), 121(1) and 173(1), for a person in a remote area or an area with transportation difficulty. Article 5 (1) Where the Commissioner of the Patent Office,
12、 the chief trial examiner, or the examiner has designated a time limit by which procedures are to be undertaken under this Act, the said official may, upon request or ex officio, extend the time limit. (2) Where the chief trial examiner has designated a specific date under this Act, the said officia
13、l may, upon request or ex officio, change such date. (Capacity of associations, etc. which are not juridical persons to undertake procedures) Article 6 (1) An association or foundation which is not a juridical person but for which a representative or an administrator has been designated may, in its
14、name: (i) file a request for examination of an application; (ii) file a request for a trial for patent invalidation or a trial for invalidation of the registration of extension of duration; and (iii) file a request for a retrial in accordance with Article 171(1), against a final and binding decision
15、 in a trial for patent invalidation or a trial for invalidation of the registration of extension of duration. (2) An association or foundation which is not a juridical person but for which a representative or an administrator has been designated may be named as a demandee in a request filed for a re
16、trial against a final and binding decision in a trial for patent invalidation or a trial for invalidation of the registration of 3 extension of duration. (Capacity of minors or adult wards etc. to undertake procedures) Article 7 (1) Minors or adult wards may not undertake procedures except through their statutory representatives; provided, however, that this shall not apply where a minor is capable of independently performi
