Intellectual Property FAQ

You cannot obtain patents for inventions pertaining to methods of human treatment or diagnosis in Japan. You cannot obtain patents for methods of human treatment in Europe either. While methods of diagnosis using specimens (for example, methods of genetic diagnosis) and methods of measuring the human body that do not go as far as the diagnostic process (for example, NMR measurement) can be patented in Europe, other methods of human diagnosis cannot. However, it is possible to obtain patents for inventions pertaining to methods of human treatment and diagnosis in the United States.
Please refer to the link(s) below for more information.

Japan Patent Office website
http://www.jpo.go.jp/tetuzuki_e/t_tokkyo_e/Guidelines/2_1.pdf
Japan Patent Office documents (in Japanese)
http://www.kantei.go.jp/jp/singi/titeki2/tyousakai/kyousou/sentan/dai1/siryou8.pdf

In Japan, if the person with the right to receive a patent files for the patent within one year after disclosing the invention himself/herself, by seeking the application of the "exception to lack of novelty" provision, the novelty or inventiveness of the patent would not be denied based on the disclosure. In the United States, if the inventor secures an effective filing date (priority date or filing date) within one year of making the disclosure, he or she can qualify for the "exception to lack of novelty" provision. However, in Europe and China, only limited cases qualify for the "exception to lack of novelty" provision, so the possibility that you would not be able to obtain a patent in the case in question is thought to be high.
In the field of medicine, it is important to establish rights in leading nations, such as the United States, Europe, and China, and not just Japan. Therefore, we strongly recommend that you file your patent before disclosing it, in order to avoid losing the opportunity to obtain rights outside Japan.
Please refer to the link(s) below for more information.

Japan Patent Office website (in Japanese)
http://www.jpo.go.jp/shiryou/kijun/kijun2/hatumei_reigai.htm

Item 1 of Article 69 of Japanese Patent Act stipulates that "A patent right shall not be effective against the working of the patented invention for experimental or research purposes." There is currently insufficient legal precedent with regard to the scope of the aforementioned "experimental or research" [purposes], but prevailing doctrine is that, in theory, this is limited to purposes of examining patentability and functionality, and improvement / development. Therefore, it cannot be denied that you may be questioned about infringing patent rights even in the case of research for non-profit purposes, such as research by universities.
Please refer to the link(s) below for more information.

Japan Patent Office documents (in Japanese)
http://www8.cao.go.jp/cstp/output/iken040526_2_5.pdf

AMED has set up the Medical IP Desk, which provides consultation regarding medical-related intellectual property. It accepts reservations for consultation by email. For more information, please refer to the Medical IP Desk webpage.
Other institutes, such as the Japan Patent Office, the National Center for Industrial Property Information and Training, the local Chizai Sogo Shien Madoguchi (General Support Desk for IP), and the Japan Patent Attorneys Association, each have their own consultation desks for general information about intellectual property.

AMED holds seminars on intellectual property in the field of medicine. We accept requests to hold seminars at institutes / academic conferences. For details, please refer to the IP seminar / event information webpage.

The Japanese version of the Bayh-Dole system was made with the aim of 1) vitalizing technological research and 2) effectively applying the outcomes thereof in business. The system allows the government to decide not to accept patent rights from contractors for IP rights such as patent rights pertaining to contracted R&D conducted through provision of government funds or contracted software development (Article 19 of the Industrial Technology Enhancement Act), if the contractors promise to adhere to the following four conditions.

i) To report research outcomes to the government without delay when they are obtained.
ii) To grant to the government the right to use said patent rights, etc. without charge if the government finds it necessary for the public interest and makes a request for it.
iii) To grant to a third party the right to use said patent rights, etc. at the request of the government if the rights, etc. have not been utilized within a reasonable time.
iv) To obtain approval in advance when transferring said patent rights, etc. or establishing exclusive license therefor.

In principle, outcomes from government contracted projects belong to the government, but, through the application of the Japanese version of the Bayh-Dole system, under certain conditions IP rights that are the outcome can be made to belong to the contractors.