Filing a patent application
In order to be granted a Japanese patent, the claimed invention must be a statutory “invention" (Article 2(1) of the Patent Law) and must be "industrially applicable" (Article 29(1)).
Examples of non-statutory inventions are:
- A law of nature as such (ex. a law of preservation of energy, etc.);
- Mere discoveries and not creations (e.g. discoveries of natural things like an ore or natural phenomena, etc.);
- Those contrary to a law of nature (e.g. the so-called perpetual motion, etc.); and
- Those in which a law of nature is not utilized (e.g. a rule for playing a game as such, methods for doing business as such, etc.).
Examples of industrially inapplicable inventions are:
- Methods of surgery, therapy or diagnosis of humans (including administering a drug to a human being);
- An invention applied only for personal use, such as a method of smoking, etc.; and
- Practically inapplicable inventions (Example: a method for preventing an increase in ultraviolet rays associated with the destruction of the ozone layer by covering the whole earth's surface with an ultraviolet ray-absorbing plastic film).