The Japanese Patent Office (JPO) has revised its Examination Guidelines. The revised Guidelines apply to examinations conducted on or after July 1, 2026.

The revisions do not introduce significant changes to Japanese patent law or examination standards. Instead, they mainly clarify aspects of current examination practice and formalized the way JPO has been applying the Guidelines in recent practice.

The revisions include clarifications relating to:
   – correction of translations in foreign-language applications;
   – divisional applications based on foreign-language applications;
   – treatment of negative limitations in relation to added matter; and
   – discussion of “teaching away” in the assessment of inventive step.

From a practical standpoint, we do not expect these revisions to require changes to the filing or prosecution strategies of most applicants. Rather, the revisions provide additional guidance on how the JPO will apply existing examination practices.

Nevertheless, applicants filing PCT national phase applications or foreign-language applications in Japan, as well as applicants that frequently amend claims during prosecution, may benefit from understanding these clarifications.

If you have any questions regarding the revised Examination Guidelines or their application in practice, please feel free to contact us.