Non-disclosure of Patent Applications in Japan

Overview:

On or after May 1, 2024, procedures such as application publication, decision to grant, and decision of rejection will be withheld for patent applications directed to specific technical fields. Such patent applications, including PCT applications, are subject to the prohibition of foreign applications in certain cases.

Note:

First of all, the new system is basically aimed at applications first filed in Japan, and therefore, we believe that most of our overseas clients will not be significantly affected. Accordingly, we will briefly explain the system below for your information.

Non-Disclosure System:

Under the new system, applications describing inventions in specific technical fields (*) are selected by the Japan Patent Office (“JPO”) and subjected to the security examination

* Specific technical fields are fields of technology that may contain inventions that may have a significant risk of causing damage to the security of the nation and its citizens. The JPO lists the following 25 technical fields as the specific technical fields.

Disguise and cover-up technology for aircraft, etc.
Technologies for unmanned aerial vehicles and autonomous control related to weapons, etc.
Technology related to guided weapons
Technology related to ballistics of projectiles and flying objects
Technology related to weapons using electromagnetic launchers
New offensive or defensive technologies such as laser weapons and electromagnetic pulse (EMP) munitions
Technology for defense against aircraft and guided missiles
Technology related to attack and protection devices deployed on submarines
Technology such as position measurement using sound waves that relates to weapons
Technology related to scramjet engines, etc.
Technology related to solid fuel rocket engines
Technology related to submarines
Technology related to unmanned underwater vehicles
Technology for position measurement using sound waves, etc., related to submersibles, etc.
Technology related to thermal protection, re-entry, merging and separation, and meteorite detection for space vehicles
Observation and tracking technologies for space vehicles
Technology related to semiconductor photodetectors with quantum dot and superlattice structures, etc.
Technology to protect computer components, etc. with tamper-resistant housings
Technology related to telecommunications jamming, etc.
Technology for isotope separation of uranium and plutonium
Technology related to the decomposition and reprocessing of spent nuclear fuel
Technology related to heavy water
Technology related to nuclear explosive devices
Technology related to compositions for gas bombs
Technology related to ammunition that disperses gas, powder, etc.

Please note that the security examination and the normal examination (initiated by the request for examination) are conducted in parallel, and therefore, it is possible to file a request for examination before the security examination is completed.

Prohibition of Foreign Applications:

In addition to the non-disclosure system explained above, on or after May 1, 2024, patent applications directed to specific technical fields must be filed firstly in Japan before the filing of foreign applications (including PCT applications).

We believe the above comments will be clear to you. Should you have any further questions, please do not hesitate to contact us.

Source: System for Non-disclosure of Patent Applications | Japan Patent Office