Revision of the Examination Guidelines for Patent and Utility Model
April 7, 2015
As a part of enhancement of relief measure by the Partial Revision of the Patent Act in 2014, the provisions related to Priority Claim in the Patent Act were revised. The details of the revision are as follows:
(a) Where there is a reasonable ground for failing to file a patent application claiming priority within the period of priority, a person may claim the priority within a fixed period. (Revised Patent Act Articles 41 (1), 43bis (1) etc. (Equivalent measures are provided in the Utility Model Act))
(b) A person may submit a document stating priority claim within a fixed period as well as along with the application, and also may amend the document within a fixed period. (Revised Patent Act Articles 17, 17quarter, 41 (4), 43 (1) etc. (Equivalent measures are provided in the Utility Model Act))
(c) Revised Patent Act Articles 41 and 43 shall apply to patent application filed after the revised Patent Act came into effect.
The Revised Examination Guidelines are applied to examination on or after April 1, 2015.
As a part of enhancement of relief measure by the Partial Revision of the Patent Act in 2014, the provisions related to Priority Claim in the Patent Act were revised. The details of the revision are as follows:
(a) Where there is a reasonable ground for failing to file a patent application claiming priority within the period of priority, a person may claim the priority within a fixed period. (Revised Patent Act Articles 41 (1), 43bis (1) etc. (Equivalent measures are provided in the Utility Model Act))
(b) A person may submit a document stating priority claim within a fixed period as well as along with the application, and also may amend the document within a fixed period. (Revised Patent Act Articles 17, 17quarter, 41 (4), 43 (1) etc. (Equivalent measures are provided in the Utility Model Act))
(c) Revised Patent Act Articles 41 and 43 shall apply to patent application filed after the revised Patent Act came into effect.
The Revised Examination Guidelines are applied to examination on or after April 1, 2015.