【日本】国家知识产权法律法规原文和译文——专利法

时间:2020年8月27日阅读:266583分享:

Patent ActPatent Act Patent Act Patent Act (Act No. 121 of 1959) (Act No. 121 of 1959)


日本专利法


(节选译文)


(Purpose) 

 Article 1 

The purpose of this Act is, through promoting the protection and the  utilization of inventions, to encourage inventions, and thereby to contribute to the  development of industry.

(Definitions)  

Article 2 

(1) "Invention" in this Act means the highly advanced creation of  technical ideas utilizing the laws of nature.

(2) "Patented invention" in this Act means an invention for which a patent has been  granted.  

(3) "Working" of an invention in this Act means the following acts:  

(i) in the case of an invention of a product (including a computer program, etc., the  same shall apply hereinafter), producing, using, assigning, etc. (assigning and  leasing and, in the case where the product is a computer program, etc.,  including providing through an electric telecommunication line, the same shall  apply hereinafter), exporting or importing, or offering for assignment, etc.  (including displaying for the purpose of assignment, etc., the same shall apply  hereinafter) thereof;  

(ii) in the case of an invention of a process, the use thereof; and  

(iii) in the case of an invention of a process for producing a product, in addition to  the action as provided in the preceding item, acts of using, assigning, etc.,  exporting or importing, or offering for assignment, etc. the product produced by  the process.

(4) A "computer program, etc." in this Act means a computer program (a set of  instructions given to an electronic computer which are combined in order to produce a specific result, hereinafter the same shall apply in this paragraph) and  any other information that is to be processed by an electronic computer  to a computer program.  

(Calculation of time periods)  

Article 3 

(1) The calculation of time periods under this Act or any order issued  under this Act shall be made in accordance with the following provisions.  

(i) The first day of the period shall not be included in the calculation; provided,  however, that this shall not apply where the period of time commences at 00:00  hours. 

(ii) Where the period is indicated by months or years, such months or years shall  refer to calendar months or calendar years. Where the period is not calculated  from the beginning of a month or a year, the period shall expire on the  day of the day corresponding to the first day of the calculation in the last month  or year; provided, however, that where there is no corresponding day in the last  month, the period shall expire on the last day of the last month.   

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