The
Japanese Patent Law permits exceptions to lack of novelty in special cases, for
example, cases in which an invention is disclosed against the inventor’s will,
an invention is disclosed due to the inventor’s conduct, etc. In order to receive the permission from the
JPO, a Japanese patent application must be filed within 6 months from
the date on which the invention was disclosed. In the case of a PCT
application, a Japanese national phase entry must be filed within 6 months
from the date on which the invention was disclosed in a foreign country.
The
JPO recently agreed on the principle of extending the grace period from 6
months to 12 months, and the Japanese Patent Law will be revised in this
regard probably next year.
We
will keep you informed of any developments in this connection.
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