Patent Act Article 64-2: Request for Publication of Application
When a request for publication of an application as stipulated in Article 64-2 of the Patent Act is made, the application is published after administrative procedures at the Japan Patent Office.
Since the purpose of establishing this provision was not stated in the Article-by-Article Commentary (Industrial Property Law (Industrial Property Rights Law) Article-by-Article Commentary [22nd Edition]), I have considered the meaning of this provision.
In conclusion, I believe the meaning of this provision lies in these two points:
(1) Intimidation of others (including other companies),
(2) A step toward generating the right to claim compensation (Article 65, Paragraph 1 of the Patent Act),
of the two.
First, regarding '(1) Intimidation of others (including other companies),' it is thought that companies that monitor the application trends of others tend to have a larger sales scale.
Therefore, by demonstrating the possibility of a patent right being established by one's own company, it should become easier to secure profits from one's own products by suppressing the entry into the market of products related to the application that one's company is targeting by other companies that manufacture and sell items that could conflict with the content of the patent application.
※ Statistically, I think there are more companies that do 'not' monitor the application trends of others, but such companies are thought to have a relatively small sales scale. Therefore, the significance of suppressing their entry into the market for products related to the application that one's company is targeting is small.
Next, regarding '(2) A step toward generating the right to claim compensation (Article 65, Paragraph 1 of the Patent Act),' this is, as stated, because publication of the application is one requirement for the right to claim compensation (Article 65, Paragraph 1 of the Patent Act).
・Patent Act Article 64-2: Request for Publication of Application
(Request for Publication of Application)
Article 64-2: A patent applicant may, except in the following cases, file a request for publication of the application with the Commissioner of the Japan Patent Office regarding the patent application.
(i) Where the patent application has already been published.
(ii) Where the patent application is a patent application accompanied by a claim of priority under the provisions of Article 43, Paragraph 1, Article 43-2, Paragraph 1 (including cases where applied mutatis mutandis pursuant to Article 43-3, Paragraph 3), or Article 43-3, Paragraph 1 or 2, and the documents stipulated in Article 43, Paragraph 2 (including cases where applied mutatis mutandis pursuant to Article 43-2, Paragraph 2 (including cases where applied mutatis mutandis pursuant to Article 43-3, Paragraph 3) and Article 43-3, Paragraph 3) and the documents stipulated in Article 43, Paragraph 5 (including cases where applied mutatis mutandis pursuant to Article 43-2, Paragraph 2 (including cases where applied mutatis mutandis pursuant to Article 43-3, Paragraph 3) and Article 43-3, Paragraph 3) have not been submitted to the Commissioner of the Japan Patent Office.
(iii) Where the patent application is a foreign language written application and the translation of the foreign language document stipulated in Article 36-2, Paragraph 2 has not been submitted to the Commissioner of the Japan Patent Office.
(2) A request for publication of an application may not be withdrawn.
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