Article 1. The following amendments shall be made to a part of the Patent Law (Law No.96, 1921).
"within the Empire" shall read "within the country" ; "Imperial Ordinance" shall read "Cabinet Order."
In Art.6, Par.1, "Do, Fu, or Ken" shall read "To, Do, Fu or Ken."
In Art.11, "a judgment in a trial (shinketsu)......, has become binding, or a court judgment hanketsu) has been rendered (to the same effect)" shall read "a judgment in a trial (shinketsu)......, has become binding" ; "the judgment in trial has become binding or the court judgment has been rendered" shall read "the judgment in trial has become binding."
In Art.15, Par.1 and Art.40, Par.1, "requires secrecy for military reasons, or either for military (purposes) or" shall be deleted.
In Art.25, "Art.115" shall be deleted.
In Art.30, "desires to have......, a copy of papers or drawings made" shall read "desires to have......, a copy of papers or an abstract of papers or drawings made."
Art.31. Any person who makes applications, requests or other procedures pursuant to this Law or Orders to be issued in accordance with this Law shall pay the fees fixed by Cabinet Order.
In Art.43, Par.1, "if the application has been published," and "or from the date of the patent if application has not been published" shall be deleted.
In Art.62, "or" shall read, "or" ;a judgment in a trial...... has become finally binding, or a court judgment has been rendered to the same effect "shall read" a judgment in a trial...... has become finally binding."
The proviso to Art.63 shall be deleted.
In Art.65, Par.1, "30 yen" shall read "150 yen" ; "50 yen" shall read "250 yen" ; "100 yen" shall read "500 yen" ; "200 yen" shall read "1,000 yen" and "400 yen" shall read 2,000. "In Paragraph 2 of the said Article," 1,000 yen "shall read 5,000 yen" ; "1,500 yen" shall read "7,500 yen" and "2,000 yen" shall read "10,000 yen." In Paragraph 3 of the said Article, "100 yen" shall read "500 yen" and in Paragraph 4 of the said Article, "600 yen" shall read "3,000 yen."
Paragraph 6 of Atricle 73 shall be deleted.
In Art.78, "judgment in a trial...... has become finally binding or a court judgment has been rendered to the same effect" shall read "Judgment in a trial...... has become finally binding."
"Chapter V. Trial and Appeal Trial and Action" shall read "Chapter V. Trial and Appeal Trial."
Art.89. Judges shall be appointed by the chief of the Patent Bureau according to each case under trial.
When any of the judges is prevented from participating in a trial, the appointment shall be cancelled and another judge shall be nominated to fill the vacancy.
The Presiding Judge shall be appointed from among judges by the chief of the Patent Bureau.
Art.90. A trial is carred out by the joint conference of three judges. A decision in the conference shall be determined by a majority vote.
The Presiding Judge shall manage the affairs relative to the case under trial.
In Art.91, item 6, "Judge (Hanji)" shall read "Judge (Saibankan)."
In Art.100, Par.2, "Local Court" shall read "District Court or Summary Court" ; "or any other public office exercising the functions of a Local Court" shall be deleted.
In Art.108, par.1, "par.6" shall be deleted.
Article 115 shall be deleted.
Article 115-(2) shall be deleted.
Article 116 shall be deleted.
In Art.117, "or a court judgment" shall be deleted.
In Art.118, par.2, "a judgment in a trial has become finally binding or a court judgment rendered" shall read "a judgment in a trial has become finally binding."
In Art.119, par.1, "a trial, an appeal trial, and an action" shall read "a trial and an appeal trial," and in paragraph 2 of the said Article, "a judgment (of the Patent Office Court or the Supreme Court) or rule" shall read "a judgment in a trial, or rule" ; "a trial, appeal trial or action" shall read "a trial, or an appeal trial."
In Art.120, "a trial, an appeal trial, and an action" shall read "a trial and an appeal trial."
In Art.121, Par.1, "A judgment (in the Patent Bureau trial) which has become irrevocable or a judgment (of the Supreme Court) given in the following trial, appeal trial or action" shall read "A judgment (in the Patent Bureau trial) which has become irrevocable given in the following trial, or appeal trial," and item 3 of the said paragraph shall be deleted.
In Art.122, Par.2, "or before the court judgment is rendered" shall be deleted. In paragraphs 2, 4 and 5 of the said Article "the judgment in trial (has become) finally binding or (the court judgment has been rendered)" shall read "the judgment in trial (has become) finally binding." In Paragraph 3 of the said Article, "a trial, an appeal trial or an action" shall read "a trial, or an appeal trial." In Paragraphs 3 and 6 of the said Article "or (a) court judgment" shall be deleted.
In Arts.123 and 124, "a trial, an appeal trial or an action" shall read "a trial, or an appeal trial."
In the provissions of Arts.125 to 127 inclusive, "judgment in trial (......) has become finally binding or the court judgment has been passed (to the same effect)" shall read "judgment in trial (......) has become finally binding."
In Art.128, par.1, "or court judgment" shall be deleted.
Chapter VI-(2). Actions
Art.128-(2). An action brought against a judgment in an appeal trial, or against a decision rejecting a request for an appeal trial shall be exclusively in charge of the Tokyo Higher Court.
The action of the preceding paragraph may not be requested when thirty days have elapsed after the delivery of the judgment, or the decision.
The term of the preceding paragraph shall be a fixed term.
An action concerning matters for which a trial, or an appeal trial is required shall not be requested excepting an action against a judgement in an appeal trial.
Art.128-(3). The Chief of the Patent Bureau shall be made defendant to the action referred to in the preceding Article, paragraph 1. However, if there is a person who demands and a person who is demanded in an appeal trial, either of the person mentioned above shall be made defendant.
Art.128-(4). When an action has been requested, the Court shall notify, without delay, the effect to the Patent Bureau.
When the notification referred to in the preceding paragraph has been received, the Patent Bureau shall forward to the Court, without delay, the documents relating to the case.
Art.128-(5). In case a request is found reasonable, the Patent Bureau shall cancel a judgement, or a decision.
In the case of the preceding paragraph, judges in an appeal trial shall further make an examination, and give a judgment, or a decision.
Art.128-(6). When proceedings taken in an action have been concluded, the Court shall return, without delay, the documents referred to in Art.128-(4), par.2, to the Patent Bureau. In respect to the action provided in the proviso to Art.128-(3), the original documents of each class of trial shall be attached in addition.
Art.128-(7). The person for whom the notice of compensation, or the decision or judgment in a trial thereof has been passed is dissatisfied with the amount of compensation under the provisions of Art.15, 40, or 50 may bring an action before a court for the increase or decrease of the amount.
The action of the preceding paragraph may not be requested when thirty days have elapsed after the delivery of the notice, or the decision or the judgment.
The term of the preceding paragraph shall be a fixed term.
Art.128-(8). In the action of the preceding Article, the following parties shall be made defendants:
1. The administrative government office liable for the payment of compensation, or the applicant, in case of the amount of compensation provided in Art.15;
2. The administrative government office liable for the payment of compensation, or the patentee or the proprietor of the right of working, in case of the amount of compensation provided in Art.40;
3. The proprietor of the right of working, or the patentee or the person entitled to the_utility model right, in case of the amount of compensation provided in Art.50.
Art.128-(9). The provisions of Art.128-(2) and Arts.128-(4) to (6) inclusive shall not apply in respect to the action under the provisions of Art.128-(7).
In the provisions of Arts,133 (2) to 134-(2) inclusive, "five hundred (500) yen" shall read "one thousand (1,000) yen."