日本与《专利法条约》相适应的法律制度调整浅析

Analysis of Japanese Patent Legal System Adjustment Made for Adapting to the Patent Law Treaty

日本于2016年6月11日起对《专利法条约》正式生效。作为五局中专利制度与我国相似度比较高的国家,日本以往的专利制度中有关程序法的规定与《专利法条约》规定的一致性并不高,但近年来为了积极准备加入《专利法条约》,日本不断修改专利法以适应《专利法条约》的要求。笔者从法律层面和实务层面回顾日本与《专利法条约》相适应的专利制度调整的历程,梳理日本专利法修改的具体方案,分析日本加入《专利法条约》后对我国申请人造成的影响。

On June 11, 2016, the PLT treaty started to take effect in Japan. As a country of IP5 of high similarity with China on the patent system, in the previous patent system, the relevant provisions of procedural law of Japan was not consistent with that of the PLT treaty, but in recent years, in order to actively prepare for joining the PLT treaty, Japan had been continuously revising the Patent Law so as to be in line with requirements of the treaty. From the perspective of the rule of law and its practice, this paper reviews the adjustment process for adapting to the PLT treaty, tease out specific projects to revise the Patent Law of Japan, and analyzes the impact on Chinese applicants after the accession of Japan to the PLT treaty.