Patent Non-Disclosure System | ONDA TECHNO Intl. Patent Attys.[Japan Patent Firm] | Gifu City

Patent Non-Disclosure System | ONDA TECHNO Intl. Patent Attys.[Japan Patent Firm] | Gifu City

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FAQs

Japanese Patent FAQs

Patent Non-Disclosure System

Q.What is the Patent Non-Disclosure System?

A.

This system was introduced to protect technologies important to national security, including sensitive civilian technologies that could be repurposed for military use. Certain patent applications filed in Japan are reviewed to determine whether they fall within “specific critical technology areas.”
If designated as a restricted technology, the application’s publication and patent grant are suspended, and strict confidentiality obligations apply.

Q.How does the review process work?

A.

The process involves two stages:

  1. Primary Review (by the Japan Patent Office – JPO): conducted within about 3 months of filing to determine whether the application falls within a “specific critical technology area.”
  2. Preservation Examination (by the Cabinet Office): conducted within about 10 months to decide whether to designate the invention as a “restricted technology.”

If designated as a restricted technology, the application remains confidential, and the applicant must implement information protection measures.
Note that the JPO does not issue a notice confirming non-applicability, so applicants are not formally cleared until after the three-month review period.

Q.What are the 25 sensitive technology categories?

A.

The following technology fields are currently regulated (based on the International Patent Classification (IPC)):

  1. Technology for disguising and concealing aircraft, etc.
  2. Technology for unmanned aircraft and autonomous control related to weapons.
  3. Technology related to guided weapons.
  4. Technology related to ballistics of projectiles and flying objects.
  5. Technology related to electromagnetic launch weapons.
  6. Technology related to laser or electromagnetic pulse (EMP) weapons.
  7. Technology for defense against aircraft and guided missiles.
  8. Technology related to attack and protection devices deployed on submarines.
  9. Technology related to position measurement using sound waves for weapons.
  10. Technology related to scramjet engines.
  11. Technology related to solid-fuel rocket engines.
  12. Technology related to submarines.
  13. Technology related to unmanned underwater vehicles.
  14. Technology related to position measurement using sound waves for submarines, etc.
  15. Technology related to thermal protection, reentry, separation, and meteorite detection for space vehicles.
  16. Technology for observation and tracking of space vehicles.
  17. Technology related to semiconductor photodetectors with quantum dots or superlattice structures.
  18. Technology for protecting computer components with tamper-resistant housings.
  19. Technology related to telecommunications jamming.
  20. Technology related to isotope separation of uranium and plutonium.
  21. Technology related to decomposition and reprocessing of spent nuclear fuel.
  22. Technology related to heavy water.
  23. Technology related to nuclear explosive devices.
  24. Technology related to compositions for gas bombs or similar chemical weapons.
  25. Technology related to ammunition that disperses gas or powder.

 

Q.What happens if an invention is designated as a “restricted technology”?

A.
  • The publication and patent grant are suspended.
  • The applicant must implement strict information control measures.
  • Disclosure and foreign filings are restricted without authorization.

Applicants may be eligible for government compensation for losses, such as unrealized profits resulting from the inability to commercialize the invention.

Q.Are there any special procedures for applicants?

A.

No additional forms are required. However, since the JPO does not issue a formal notice confirming that an invention is not subject to the system within the first three months, it is advisable to wait at least three months after filing in Japan before filing abroad.