(Patents, Japan) Non-Disclosure System for Patent Applications

Specified technology fields and additional requirements (draft) were presented (Source 1) regarding the Non-Disclosure System for Patent Applications under the Act on Promotion of Economic Security (Economic Security Promotion Act), at the 7th Meeting of the Expert Panel on Economic Security Legislation held on June 12, 2023, and these specified technology fields and additional requirements prescribed by Cabinet Order (Source 2) in August of 2023.

1. Specified Technology Fields and Additional Requirements

First, an overview of the examination and security designation under the Non-Disclosure System for Patent Applications is provided. This system adopts a two-stage examination process: a primary examination (“screening” based on technical field, etc.) conducted by the Commissioner of the Japan Patent Office, and a secondary examination (security review) conducted by the Prime Minister. If the Prime Minister determines it appropriate to maintain the confidentiality of information relating to the invention of a patent application, as a result of the security review, the invention is designated (Security Designation) as an Invention Subject to Security Designation.

The specified technology fields and additional requirements here serve as guidelines for determining which inventions are subject to security review. “Specified technology fields” refers to technical fields selected as areas that include inventions that could become subject to security designation, in view of whether both their public disclosure could pose a significant risk to the security of the nation and its citizens, and the effect on economic activity and innovation. Additional requirements refers to requirements other than the technological field, such as the circumstances of the invention, the entity engaged in the research and development, and the like.

※Cited from Source 2

2. Specified Technology Fields and Additional Requirements Stipulated by Recent Cabinet Order

An explanation is provided below regarding the specified technology fields and additional requirements stipulated by this Cabinet Order. The specified technology fields are the 25 below, stipulated in accordance with the International Patent Classification (IPC; or subdivisions established in line therewith). Additionally, Source 2 provides details on the specific IPCs, etc., corresponding to each of the individual specified technology fields.

Specified Technology Fields – *Excerpt from Source 2

Fields that May Include Advanced Technologies with Significant Effect on Japan’s National Security

(1) Technologies for camouflage and concealment of aircraft, etc.

(2) Technologies for unmanned aerial vehicles/autonomous control, etc., related to weapons, etc.

(3) Technologies related to guided weapons, etc.

(4) Technologies related to ballistics of projectiles/flying objects

(5) Technologies related to weapons using electromagnetic launchers

(6) New offensive or defensive technologies, such as laser weapons and electromagnetic pulse (EMP) munitions

(7) Defensive technologies for aircraft/guided missiles

(8) Technologies related to attack/defense devices installed on submarines

(9) Technologies related to weapons, such as position measurement using acoustic waves

(10) Technologies related to scramjet engines, etc.

(11) Technologies related to solid-fuel rocket engines, etc.

(12) Technologies related to submarines

(13) Technologies related to unmanned underwater vehicles, etc.

(14) Technologies related to submarines, etc., such as position measurement using acoustic waves

(15) Technologies related to thermal protection, re-entry, docking/separation, and meteorite detection for spacecraft

(16) Technologies for observation/tracking of spacecraft

(17) Technologies related to semiconductor photodetectors with quantum dots/superlattice structures, etc.

(18) Technologies for protecting computer components, etc., using tamper-resistant housings

(19) Technologies related to communication jamming, etc.

Fields that May Include Technologies Capable of Causing Serious Harm to Japanese Lives or Economic Activities

(20) Technologies for isotope separation of uranium/plutonium

(21) Technologies related to decomposition/reprocessing of spent nuclear fuel, etc.

(22) Technologies related to heavy water

(23) Technologies related to nuclear explosive devices

(24) Technologies related to compositions for gas munitions

(25) Technologies related to munitions for dispersing gas, powder, etc.

Items (10) to (19) of the specified technology fields above are recognized as fields in which security designation may have a significant effect on the development of industry, and Additional Requirements are thus applied. The specific Additional Requirements are defined as inventions that correspond to any of the categories below.

Additional Requirements- * Excerpt from Source 2

Additional Requirements

① Defense/Military:

Inventions for use in Japan’s national defense or for foreign military purposes

② National Government/National Research and Development Agencies:

Inventions relating to patent applications filed by the national government or national research and development agencies (excluding those jointly filed with persons other than the State or national research and development agencies)

③ Commissioned by the State, etc.:

Inventions relating to patent applications that correspond to any of the following.

Japanese Version of the Bayh-Dole System (Article 17 of the Act on Enhancement of Industrial Technology)

This is a system under which, if the contractor agrees to the conditions stipulated in Article 17(1)(i)-(iv) of the Act on Enhancement of Industrial Technology, intellectual property rights arising from commissioned research and development funded by ministries and agencies (including those conducted through national research and development agencies, etc.) may be fully attributed to the contractor (such as private companies; allowing them to be the patent applicant.

Article 22 of the Act on the Promotion of Science, Technology and Innovation Creation

A system under which, for intellectual property rights arising from the results of nationally commissioned research jointly conducted by Japanese corporations and foreign corporations, etc., the State may acquire only a part of such rights from the contractor (allowing for joint applications by the State and the contractor).

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