Abolition of “Designation of Academic Groups” Due to Revision of Patent Law Article 30.
The Japan Synchrotron Radiation Research Institute (JASRI) was designated on April 28, 2009 as an "academic group designated by the Commissioner of the Patent Office" stipulated in the Patent Law Article 30 (Exception to Lack of Novelty of Invention).
Due to the amendments made to the Patent Law Article 30, however, the “designation of academic groups” was abolished. As a result, the exception of lack of novelty of invention also applies to inventions disclosed at study meetings held by academic groups that are not designated by the Commissioner of the Patent Office, which is applicable to applications filed on and after April 1, 2012.
Please note that the provisions of the Patent Law Article 30 are exceptional measures and as a general rule, a patent application must be filed before any public disclosure of the invention.
The reasons are as follows:
- In Europe, there are no such provisions as the Patent Law Article 30, and a patent cannot be obtained.
- Even if a published invention is regarded as an exception to lack of novelty, a patent cannot be granted if someone else files a patent application on the same subject matter before you.
[Contact]
Library and Information Section, User Administration Division
Japan Synchrotron Radiation Research Institute (JASRI)
Tel: +81-(0)791-58-2797
Fax: +81-(0)791-58-2798
Email: patent@spring8.or.jp