Patent Act Article 184-6: Effect, etc. of Request, Description, etc. for International Applications
This article stipulates how the description, etc. for an international application is treated as the description, etc. for a Japanese national application.
・The request for an international patent application is deemed to be a request submitted under Article 36(1) of the Patent Act (Patent Act Article 184-6(1)).
・The description, etc. of a Japanese-language patent application (an international patent application filed in Japanese) is deemed to be the description, etc. of a Japanese patent application as is. A translation of the description, etc. of a foreign-language patent application is deemed to be the description, etc. of a Japanese patent application (Patent Act Article 184-6(2)).
・When a translation of the claims after a PCT Article 19 amendment is submitted for a foreign-language patent application, that translation is deemed to be the claims of the Japanese national application (this does not mean an amendment is legally fictionally created). In other words, even if a PCT Article 19 amendment is made for a foreign-language patent application, it is not considered that an amendment under Article 17-2 of the Patent Act has been made in Japan.
On the other hand, if a written amendment for a PCT Article 19 amendment is submitted for a Japanese-language patent application, it is deemed that an amendment has been made.
・When a PCT Article 34 amendment is made, it is deemed that an amendment has been made in Japan for both foreign-language patent applications and Japanese-language patent applications.
・Patent Act Article 184-6
(Effect, etc. of Request, Description, etc. for International Applications)
Article 184-6 (1) A request as of the international filing date for an international patent application is deemed to be a request submitted pursuant to the provisions of Article 36(1). (2) The description as of the international filing date for an international patent application filed in Japanese (hereinafter referred to as a "Japanese-language patent application") and the translation of the description as of the international filing date for a foreign-language patent application are deemed to be the description submitted attached to the request pursuant to the provisions of Article 36(2); the claims as of the international filing date for a Japanese-language patent application and the translation of the claims as of the international filing date for a foreign-language patent application are deemed to be the scope of claims submitted attached to the request pursuant to the provisions of the same paragraph; the drawings as of the international filing date for a Japanese-language patent application and the drawings (excluding descriptions within the drawings) as of the international filing date for a foreign-language patent application and the translation of the descriptions within the drawings are deemed to be the drawings submitted attached to the request pursuant to the provisions of the same paragraph; and the abstract for a Japanese-language patent application and the translation of the abstract for a foreign-language patent application are deemed to be the abstract submitted attached to the request pursuant to the provisions of the same paragraph. (3) If a translation of the claims after amendment under the provisions of Article 19(1) of the Treaty is submitted pursuant to the provisions of Article 184-4(2) or (6), notwithstanding the provisions of the preceding paragraph, the translation of the claims after such amendment is deemed to be the scope of claims submitted attached to the request pursuant to the provisions of Article 36(2).
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