"Bill for the Act on the Partial Revision of the Patent Act and Other Acts" was approved and passed into law on May 14, 2021, and was promulgated on May 21.

  This revision is made for the purpose of (1) developing procedures (e.g., digitalization of procedures) to address the COVID-19 pandemic, (2) reviewing the protection of rights to address changes in corporate activities accompanying with the advancement of digitalization etc., and (3) enhancing the foundation of the intellectual
property systems, such as reviewing of legal procedures and fee structures.

  Acts subject to the revision in "Bill for the Act on the Partial Revision of the Patent Act and Other Acts" are Patent Act (*1), Utility Model Act (*2), Design Act (*3), Trademark Act (*4), Act on Special Provisions of Procedures, etc. Concerning Industrial Property Rights (*5), Act on International Applications under the Patent Cooperation Treaty (*6), and Patent Attorney Act (*7).

  Details of the revision are as follows.

(1) Development of the procedures (e.g., digitalization of procedures) to address the COVID-19 pandemic
(i) Online oral proceedings for trials or appeals (Applied to *6)

  In trials, oral proceedings become possible utilizing a video conference system without appearing in person in the Trial Court, at the decision of the chief administrative judge.

  Date of enforcement will be a date designated by a Cabinet Order within 6 months after the date of promulgation (not yet been decided as of now).

(ii) Abolishing revenue-stamp deposition and introducing alternative means for fee payment (Applied to *6)

  Payment of patent and other fees becomes possible using bank transfers etc. in advance (abolition of advance payment by the revenue stamps), and using credit cards etc. at service counters.

  Date of enforcement will be a date designated by a Cabinet Order within 6 months after the date of promulgation, and as for the payment using credit cards etc. at service counters, the enforcement date will be a date designated by a Cabinet Order within 1 year after the date of promulgation (not yet been decided as of now).

(iii) Digitalizing international design and trademark applications (Applied to *3 and *4)

  The procedures for informing applicants of the decisions on registration of their designs or trademarks filed as international applications are simplified, such as allowing electronic sending of the notifications via the International Bureau, instead of sending them by postal mail (which may stop due to the COVID-19 pandemic).

  Date of enforcement will be a date designated by a Cabinet Order within 2 years after the date of promulgation (not yet been decided as of now).

(iv) Offering exemption from surcharge after expiration of processing periods as a result of a disaster etc. (Applied to *1, *2, *3 and *4)

  A provision is provided for offering exemption from additional surcharges for a reasonable period of time, if the payment for patent fees is overdue as a result of the spread of infectious diseases or a disaster.

  Date of enforcement will be a date designated by a Cabinet Order within 6 months after the date of promulgation (not yet been decided as of now).

(2) Review of the protection of rights to address changes in corporate activities accompanying with the advancement of digitalization etc.
(i) Strengthening regulation on the influx of counterfeit goods from overseas (Applied to *3 and *4)

  In response to an increase in importing of counterfeit goods for private use, the act of overseas vendors bringing counterfeit goods into Japan via postal mail etc., is newly specified as an infringement of trademark rights etc.

  Date of enforcement will be a date designated by a Cabinet Order within 1.5 years after the date of promulgation (not yet been decided as of now).

(ii) Reviewing requirements of consent from non-exclusive licensees in trials for correction etc. (Applied to *1, *2 and *3)

  In response to the increasing complexity of patent-right licensing forms along with advancement in digital technologies etc., the requirement of consent from non-exclusive licensees in the correction of the patent rights etc. is removed.

  Date of enforcement will be a date designated by a Cabinet Order within 1 year after the date of promulgation (not yet been decided as of now).

(iii) Relaxing requirements for restoration of rights, such as patent rights (Applied to *1, *2, *3 and *4)

  The requirements for restoration of patent rights etc. which are lost due to the expiration of processing periods, are eased.

  Date of enforcement will be a date designated by a Cabinet Order within 2 years after the date of promulgation (not yet been decided as of now).

(3) Enhancement of the foundation of the intellectual property systems
(i) Introducing a system for inviting third-party comments in patent infringement litigation etc. (Applied to *1, *2 and *7)

  A system which allows the courts to widely invite comments from third parties in the patent infringement litigation is introduced, and patent attorneys become possible to provide consultations under this system.

  Date of enforcement will be a date designated by a Cabinet Order within 1 year after the date of promulgation (not yet been decided as of now).

(ii) Reviewing the fee structure for patent fees etc. (Applied to *1, *2, *3, *4 and *6)

  The fee structure for patent fees etc. is reviewed, in order to secure the balance of income and expenditure in response to the increase in the burden of examination and the digitalization of procedures.

  Date of enforcement will be a date designated by a Cabinet Order within 1 year after the date of promulgation (not yet been decided as of now).

(iii) Reviewing the patent attorney system (Applied to *7)

  As to the patent attorney system, businesses, such as consultation regarding intellectual property rights related to agriculture, forestry, and fisheries (e.g., new varieties of plants, geographical indications), are added as those which can be conducted under the name of patent attorney, as well as the corporate name being changed, and a one-person corporation system being introduced.

  Date of enforcement will be a date designated by a Cabinet Order within 2 years after the date of promulgation (not yet been decided as of now).