Patent Act Article 36: Failure to attach an abstract to a patent application
Article 36, Paragraph 2 of the Patent Act stipulates that 'A description, claims, necessary drawings, and an abstract must be attached to the request.'
Here, regarding Article 17 of the Patent Act in the Article-by-Article Commentary, it is stated that the formalities specified by this Act or orders based on this Act include Article 36 (formalities for patent applications), etc.
<Formalities specified by this Act or orders based on this Act> Examples of formalities specified by law include Article 36 (formalities for patent applications), etc., and examples of formalities specified by order include the provision that documents should be written in Japanese (Article 2, Paragraph 1 of the Ordinance for Enforcement) and the provision that the necessary number of copies should be submitted when necessary for sending to the other party (Article 4 of the Ordinance for Enforcement), etc.
For this reason, if an abstract is not attached to a patent application, it is considered that an order for amendment will be issued based on Article 17, Paragraph 3 of the Patent Act.
Also, upon checking regarding amendments, page 13 of the Formalities Examination Manual 126.01 states, '(Note) If an abstract is not attached to the request, it shall be treated as an "addition".' Therefore, it seems that the order for amendment based on Article 17, Paragraph 3 of the Patent Act will be handled by making an amendment using the "addition" method described on page 13 of the Formalities Examination Manual 126.01.
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