(Unpatentable inventions)

32. The following inventions shall not be patented, notwithstanding Section 29:

(i) inventions of substances manufactured by the transformation of the atom;

(ii) inventions liable to contravene public order, morality or public health.

Part I
The Patent Right

69.-(1) The effects of the patent right shall not extend to the working of the patent right for the purposes of experiment or research.

(2) The effects of the patent right shall not extend to the following:

(i) vessels or aircraft merely passing through Japan or machinery, instruments, equipment or other accessories used therein;

(ii) products existing in Japan prior to the filing of the patent application.

(3) The effects of the patent right for inventions of medicines (namely, products used for the diagnosis, cure, medical treatment or prevention of human diseases- hereinafter referred to as "medicines" in this subsection) to be manufactured by mixing two or more medicines or for inventions of processes for manufacturing medicines by mixing two or more medicines shall not extend to acts of preparing medicines in accordance with the prescriptions of physicians or dentists or to medicines prepared in accordance with the prescriptions of physicians or dentists.

83.-(1) Where a patented invention has not been sufficiently and continuously worked during a period of three years or more in Japan, a person who intends to work the patented invention may request the patentee or the exclusive licensee to hold consultations on the grant of a nonexclusive license thereon. However, this provision shall not apply unless four years have elapsed since the filing date of the application corresponding to the patented invention.

(2) If no agreement is reached or no consultation is possible under the preceding subsection, a person who intends to work the patented invention may request the Director General of the Patent Office for an arbitration decision.

(Submission of written reply)

84. Where a request has been made for arbitration under Section 83(2), the Director General of the Patent Office shall transmit a copy of the written request to the patentee or exclusive licensee mentioned in the request or to other persons having any registered rights relating to the patent and shall give them an opportunity to submit a written reply, designating an adequate time limit.

(Hearing of Industrial Property Council, etc.)

85.-(1) Before rendering an arbitration decision under Section 83(2), the Director General of the Patent Office shall hear the views of the Council to be set up by a Cabinet Order.

(2) Where there is a legitimate reason for the failure to sufficiently work the patented invention, the Director General of the Patent Office shall not render an arbitration decision ordering a non-exclusive license to be granted.

(Formal requirements of arbitration)

86.-(1) The arbitration decision under Section 83(2) shall be in writing and shall state the reasons therefor.

(2) An arbitration decision ordering a non-exclusive license to be granted shall set forth the following:

(i) the scope of the non-exclusive license;

(ii) the consideration for the license and the method and time of payment.

(Transmittal of arbitration decision)

87.-(1) A copy of an arbitration decision rendered under Section 83(2) shall be transmitted by the Director General of the Patent Office to the parties and other persons having any registered rights relating to the patent.

(2) When an arbitration decision ordering a non-exclu- sive license to be granted has been transmitted to the parties under the preceding subsection, an agreement in the terms of the arbitration decision shall be deemed to have been reached by the parties.

93.-(1) Where the working of a patented invention is particularly necessary in the public interest, a person who intends to work the invention may request the patentee or the exclusive licensee to hold consultations on the grant of a non-exclusive license.

(2) If no agreement is reached or no consultation is possible under the preceding subsection, a person who intends to work the patented invention may request the Minister for International Trade and Industry for an arbitration decision.

(3) Sections 84, 85(1) and 86 to 91bis shall apply mutatis mutandis to the arbitration under the preceding subsection.