Patent Japan

Friday, October 27, 2006

Exceptions to Lack of Novelty

On October 26, Japan Patent Office released a new manual (available only in Japanese) for applicants regarding the procedure for applying the exceptions to lack of novelty (Patent Law Section 30).

According to the new manual,
1) applicants can present the evidence as to publication based on the format indicated in the manual (formerly, the certificates issued by the organizers of academic conference had been required);
2) they can also present the evidence as to the relationship between inventors and themselves based on the format indicated in the manual (formerly, the oaths by each concerned parties had been required); and
3) they are not to required to present the publication document as evidence, accordingly, the translation of the document will be no more required.

Note:
Applying for the exceptions to lack of novelty (Patent Law Section 30) is still NOT a practical procedure for foreign applicants using the priority of Paris Convention, and is NOT recommended (except for using international patent applications based on Patent Cooperation Treaty).

0 Comments:

Post a Comment

<< Home