Questions from IPR Division of FICCI 1.

Non-availability of Government approved Japanese Laws in English The following web-site is opened by Japanese Ministry of Justice. http://www.japaneselawtranslation.go.jp/law/?re=02 2. Delay in grant of Patents According to statistics, there is about 29months from the time of filing to the time of first office action. We do not consider the delay in grant of patents in Japan is critical. Also, a few kinds of accelerated examination system have been introduced. If the applicant wants to have the patent granted earlier, he might request the accelerated examination. http://www.jpo.go.jp/cgi/linke.cgi?url=/torikumi_e/t_torikumi_e/outline_accelerated. htm 3. Non-availability of File History in English As you know, File History is only available in Japanese, however, the following manuals from EPO would be helpful to retrieve and understand filing history. (1) Retrieving basic legal status information in Japanese from the JPO's IPDL http://documents.epo.org/projects/babylon/eponet.nsf/0/A65EEB44A760E58DC1257 249005E7D15/$File/basic_japanese_legal_status_information_from_ipdl_2012_en.p df (2) Retrieving detailed legal status information in Japanese from the JPO's IPDL http://documents.epo.org/projects/babylon/eponet.nsf/0/1980A39A6A10700EC12572 7D0055D05F/$File/detailed_japanese_legal_status_information_from_ipdl_2012_en .pdf Also, EPO provides the English transliteration and translation of some Japanese terms typically encountered in a patent information context. http://www.epo.org/searching/asian/japan/terms.html 4. Translation of Claims: expensive We also think so! 5. User friendless of searching database Both Japanese application number and publication number have usually same format, like 2012-123456. It could cause incorrect document retrieval. For your information, EPO has an explanation of numbering system in Japan. http://www.epo.org/searching/asian/japan/numbering.html

6. Limited opportunity to applicant to address the objection raised In the examination of patent application, an applicant has at least twice opportunity to reply to the objection in Japan. There are two types of office action. One is first office action and the other is final office action. First office action means that an examiner finds a new deficiency of requirement. On the other hand, Final office action means that an amendment to reply to first office action provides a new deficiency as a result. We think we have a sufficient opportunity to reply to the objection as much as US and EPO. 7. Patent term extensions If you mean patent term extensions as US-like patent term adjustment, there is not such patent term extensions system in Japan. However, the US has introduced this system in order to endorse that the patentee obtain at least 17 years exclusivity after patent law revision. In Japan, if the applicant needs longer term exclusivity, he could request the said accelerated examination. On the other hand, if you mean patent term extensions as so-called patent term extensions, there is patent term extensions system in Japan. If the granted patent could not be used due to the drug affair law in which the drug should not be launched before the approval, the patentee should be compensated for the period between the grant of patent and the approval of drug up to 5years. This is specified in Article 67 (2) in the Japanese patent law. 8. Royalty payments to inventor Japanese employee's invention system is explicitly stated in the Patent Act. But it annoys companies managers and IP strategist like us. We analyze the system often is used as a judicial action tool based on un-satisfaction of their promotion, relationship between workers & managers. JIPA also are thinking an effective system to encourage good inventions.