Información para el examen del párrafo 3 b) del artículo 27 (materia patentable) - Ver

Japan

Lista de preguntas

Lista ilustrativa de cuestiones preparada por la Secretaría

N.B.: Sírvanse cerciorarse de que las respuestas a las preguntas precedentes abarquen cada una de las categorías especificadas en el apartado b) del párrafo 3 del artículo 27, es decir, los microorganismos, los procedimientos esencialmente biológicos para la producción de plantas o animales, los procedimientos microbiológicos, los procedimientos no biológicos, las obtenciones vegetales y las demás invenciones relativas a plantas o animales.

B. Sistemas de protección de las obtenciones vegetales
In principle, there is no such basis. However, if inventions are liable to contravene public order, morality or public health, they shall not be patented (Article 32 of the Japanese Patent Law).
Not applicable (since the answer to question 1 is no).
Not applicable (since the answer to question 1 is no).
Not applicable (since the answer to question 1 is no).
With regard to patent claims defined in the ways (a) to (c), there are no provisions to exclude those inventions from being patented under the Japanese Patent Law as long as they are novel, involve an inventive step and are industrially applicable. Therefore, those claims defined in the ways (a) to (c) are patentable.
With regard to patent claims defined in the ways (a) to (c), there are no provisions to exclude those inventions from being patented under the Japanese Patent Law as long as they are novel, involve an inventive step and are industrially applicable. Therefore, those claims defined in the ways (a) to (c) are patentable.
With regard to patent claims defined in the ways (a) to (c), there are no provisions to exclude those inventions from being patented under the Japanese Patent Law as long as they are novel, involve an inventive step and are industrially applicable. Therefore, those claims defined in the ways (a) to (c) are patentable.
With regard to patent claims defined in the ways (a) to (c), there are no provisions to exclude those inventions from being patented under the Japanese Patent Law as long as they are novel, involve an inventive step and are industrially applicable. Therefore, those claims defined in the ways (a) to (c) are patentable.
Yes.
Yes.
An invention is required to be a creation under the Japanese Patent Law. In this connection, mere discoveries, including materials existing in nature or natural phenomena, where no creation of technical ideas is made purposefully, do not fall under inventions. Therefore, it is impossible to obtain a patent which claims materials existing in nature or natural phenomena. However, chemical substances, microorganisms and the like are to be regarded as creations, when they are humanly extracted from materials existing in nature. Therefore, those claims are patentable.
Yes. The Seeds and Seedlings Law (Law Number 83, promulgated on 29 May 1998) provides for a sui generis form of protection for a new plant variety.
Yes.
The Law is based on the 1991 Act.
Acts performed for research or experimental purposes including breeding a new variety do not require the prior authorization of the right holder.
Acts performed to commercially exploit a variety which falls under the following conditions require the prior authorization of the right holder; (i) The variety was bred from an initial variety, while retaining the essential characteristics of the initial variety, by selection of variation, backcrossing, transformation by genetic engineering, etc. (ii) The variety is clearly distinguishable from the initial variety in terms of characteristics. (iii) The initial variety is a protected variety and is not a variety which falls under the conditions (i) and (ii).
Where farmers legitimately obtain the seeds and seedlings of the protected variety, produce the product of the harvest by using the said seeds and seedlings, except for which belong to a plant genus or species which is propagated vegetatively and is stipulated by the Ordinance of the Ministry of Agriculture, Forestry and Fisheries, and further use the said product of harvest as the seeds and seedlings on their own holdings, the effects of the breeder's right shall not extend to the seeds and seedlings and the harvested materials obtained from them, except as otherwise prescribed by a contract.
No.
A plant variety may not be protected when it is not clearly distinguishable in terms of charecteristics from any other varieties which have been publicly known in Japan or foreign countries before the filing of the application for variety registration. A plant variety may not be protected when the seeds and seedlings or harvested materials of the applied variety have been transferred in the course of business, in Japan earlier than one year before the filing date of such an application for protection, or in foreign countries earlier than four years before the filing date of such an application for protection (or earlier than six years in the case of a variety belonging to perennial plants such as trees). However, this shall not apply where such transfer was made for the purpose of experiment or research, or where such transfer was made against the will of the breeder.
No.