【日本】国家知识产权法律法规原文和译文——实用新型法

时间:2020年8月25日阅读:101689分享:

(Act No. 123 of April 13, 1959)


日本实用新型法


(节选译文)


Chapter I General Provisions 

 (Purpose)  

Article 1 

The purpose of this Act is to encourage devices by promoting the  protection and the utilization of devices with respect to the shape or structure  of an article or to the combination of articles, and thereby to contribute to the  development of industries.  

(Definitions)  

Article 2 

(1) "Device" in this Act shall refer to the creation of technical ideas  utilizing the laws of nature.  

(2) "Registered utility model" in this Act shall refer to a device for which a utility  model registration has been granted. 

 (3) "Working" of a device in this Act shall refer to an act of manufacturing, using,  assigning, leasing, exporting or importing, or offering for assignment or lease  (including an act of displaying an article for the purpose of assignment or lease,  the same shall apply hereinafter) an article relating to the device.  

(Amendment of procedures)

Article 2-2 

(1) Any person who undertook the procedures with respect to an  application for utility model registration or a request for utility model  registration or other procedures relating to utility model registration  (hereinafter simply referred to as "procedures") may make an amendment  thereto only where the case is pending before the Japan Patent Office; provided,  however, that the person may not make an amendment to the description, the  scope of claims for a utility model registration, drawing(s) or the abstract  attached to the application or a document provided in Article 43, paragraph (1)  of the Patent Act (Act No.121 of 1959) as applied mutatis mutandis pursuant to  Article 8, paragraph (4) or Article 11, paragraph (1) (including the case where  it is applied mutatis mutandis pursuant to Article 43-2, paragraph (2) as  applied mutatis mutandis pursuant to Article 11, paragraph (1) (including the  case where it is applied mutatis mutandis pursuant to Article 43 -3, paragraph  (3) of the said Act as applied mutatis mutandis pursuant to Article 11,  paragraph (1)) and Article 43-3, paragraph 3 of the said Act) after a period  specified by an Ordinance of the Ministry of Economy, Trade and Industry has  lapsed.

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