Restrictions of Multi-Multi claims have been applied to patent applications and utility model applications since April 1, 2022. Moreover, prices of payments made on or after April 1, 2022 have been raised for patent fees, registration fees, and commissions for PCT international applications, international designs, and international applications of trademark registrations.

(1) Restrictions of Multi-Multi Claims

  From April 1, 2022, multiple dependent claims which depend on other multiple dependent claims (i.e., Multi-Multi claims) fall under a reason for refusal in Japan based on Article 36 (6)(iv) of the Patent Act. Note that the restrictions of Multi-Multi claims apply even when it depends on multiple dependent claims of different categories.

(1-1) Judgement on Timings of Filing Applications

  Restrictions of Multi-Multi claims apply to divisional applications or change of applications whose filing dates are retroactive to on or after April 1, 2022.

  Restrictions of Multi-Multi claims apply to the priority claiming application whose actual filing date (but not the original date of the previous application) is on or after April 1, 2022. For example, if a PCT international application whose international filing date is on or after April 1, 2022, it is applied to restrictions of Multi-Multi claims.

(1-2) Notice of Reasons for Refusal

  In case of Multi-Multi claim, only the violation of Article 36 (6)(iv) of the Patent Act is notified as the first notice of reasons for refusal, and examination of other requirements (novelty, inventive step, etc.) will not be performed.

  When the violation due to Multi-Multi claim is resolved, the examination of other requirements (novelty, inventive step, etc.) is then performed, and the final notice of reasons for refusal will be issued.

  Restrictions of amendments (deletion of claims, restriction of claims, correction of errors, etc.) stipulated in Article 17-2 (5) of the Patent Act apply to the final notice of reasons for refusal. Also, an extra response to the first notice of reasons for refusal is required in order to resolve the Multi-Multi claim violation. Thus, it is desirable that applications be filed at a state where no Multi-Multi claim is contained, or the Multi-Multi claim violation be resolved by voluntary amendments before the request for examination.

(1-3) Types of Multi-Multi Claim Violations

(1-3-1) Examples of Category Being the Same

<Example 1>

  Claims 4 and 5 are considered as the Multi-Multi claim violation, since Claim 4 is a Multi-Multi claim and Claim 5 refers to Claim 4.

  [Claim 3]           The apparatus as claimed in claim 1 or 2, wherein A.

  [Claim 4]           The apparatus as claimed in any one of claims 1 to 3, wherein B.

  [Claim 5]           The apparatus as claimed in claim 4, wherein C.

<Example 2>

  Claim 6 which is multiple dependent indirectly refers to Claim 3 which is also multiple dependent, and thus Claim 6 is considered as the Multi-Multi claim violation.

  [Claim 3]           The apparatus as claimed in claim 1 or 2, wherein A.

  [Claim 4]           The apparatus as claimed in claim 3, wherein B.

  [Claim 5]           The apparatus as claimed in claim 3, wherein C.

  [Claim 6]           The apparatus as claimed in claim 4 or 5, wherein D.

(1-3-2) Examples of Category Being Different

<Example 3>

  Claim 4 is not granted as an independent claim with a different category, but recognized as a Multi-Multi claim, and Claim 5 refers to Claim 4; therefore, both Claims 4 and 5 are considered as the Multi-Multi claim violation.

  [Claim 3]           The apparatus as claimed in claim 1 or 2, wherein A.

  [Claim 4]           A method for manufacturing the apparatus as claimed in any one of claims 1 to 3.

  [Claim 5]           The method as claimed in claim 4, including D.

<Example 4>

  Claim 7 is not granted as an independent claim with a different category, and it refers to Claims 3 and 6 so that it becomes the Multi-Multi claim violation. However, in case of Claim 7 referring only to Claims 3 and 6 (deleting Claims 2 and 5), it becomes a subject for examination.

  [Claim 3]           The apparatus X as claimed in claim 1 or 2, wherein A.

  [Claim 6]           The apparatus Y as claimed in claim 3 or 4, wherein B.

  [Claim 7]           A method using the apparatus X of claim 2 or 3, and the apparatus Y of claim 5 or 6.

(2) Patent Fees, Registration Fees, and Commissions for PCT International Applications, International Designs, and International Trademark Registration Application

  Patent fees and trademark registration fees have been raised in prices since April 1, 2022. Even though details are omitted, prices of commissions for international patent applications and international applications of trademark registrations to Japan Patent Office as designated office have been raised as well.

(2-1) Patent Fees