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Japan Mutual Understanding On Patents (1994)

Mutual Understanding

between

the Japanese Patent Office

and

the United States Patent and Trademark Office

Actions to be taken by Japan:

1. By July 1, 1995, the Japanese Patent Office (JPO) will permit foreign nationals to file patent applications in the English language, with a translation into Japanese to follow within two months.

2. Prior to the grant of a patent, the JPO will permit the correction of translation errors up to the time allowed for the reply to the first substantive communication from the JPO.

3. After the grant of a patent, the JPO will permit the correction of translation errors to the extent that the correction does not substantially extend the scope of protection.

4. Appropriate fees may be charged by the JPO for the above procedures.

MUTUAL UNDERSTANDING ON PATENTS*

[January 20, 1994]

Cite as 33 I.L.M. 313 (1994)

I.L.M. Content Summary

TEXT OF UNDERSTANDING - I.L.M. Page 313

Actions to be taken by Japan [Japan will permit foreign nationals to file patent applications in English with translations to follow; corrections of translation errors; fees]

Actions to be taken by the U.S. [The U.S. will extend the term of a patent from 17 to 20 years]

[Done on 20 January 1994] [Signatures]

January 20, 1994

Mutual Understanding

between

the Japanese Patent Office

and

the United States Patent and Trademark Office

Actions to be taken by the U.S.:

1. By June 1, 1994, the United States Patent and Trademark Office (USPTO) will introduce legislation to amend U.S. patent law to change the term of patents from 17 years from the date of grant of a patent for an invention to 20 years from the date of filing of the first complete application.

2. The legislation that the USPTO will introduce shall take effect six months from the date of enactment and shall apply to all applications filed in the United States thereafter.

3. Paragraph 2 requires that the term of all continuing applications (continuations, continuations-in-part and divisionals), filed six months after enactment of the above legislation, be counted from the filing date of the earliest-filed of any applications invoked under 35 U.S.C. 120.

Wataru Asou

Commissioner

Japanese Patent Office

Bruce A. Lehman

Assistant Secretary of Commerce and Commissioner of Patents and Trademarks United States Patent and Trademark Office


TANC offers these agreements electronically as a public service for general reference. Every effort has been made to ensure that the text presented is complete and accurate. However, copies needed for legal purposes should be obtained from official archives maintained by the appropriate agency.