On May 1, 2024, the system for non-disclosure of patent applications (hereinafter referred to as the “System”) will be introduced under the Economic Security Promotion Act (hereinafter referred to as the “Act.”) Under the System, if the description etc., of a patent application includes an invention that, if made known to the public, would be highly likely to create a situation to undermine the security of the nation and its citizens through actions taken from the outside, the patent procedures, such as publication of the application, decision of patent grant and decision of refusal, are suspended by a procedure established as “security designation.”
A review of whether a patent application should be kept non-disclosed (whether a security designation should be made or not) is carried out in two stages: a primary review by the JPO and a security review (a secondary review) by the Cabinet Office. In addition, after the introduction of the System, foreign applications (including international applications pursuant to the Patent Cooperation Treaty, i.e., PCT applications) are prohibited in certain cases.
For more details, please refer to Japan Patent Office website.
Categories: Application-related
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