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Requirements for Unity of Application - Japan Patent Office

Requirements for Unity of Application - Japan Patent Office

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3.3 Relationship under <strong>Patent</strong> Law Section 37(iii)<br />

The relationship under <strong>Patent</strong> Law Section 37(iii) is that the relationship between the<br />

specified invention <strong>of</strong> a “product” and the related inventions falls under the relationship<br />

between the product and “processes <strong>for</strong> manufacturing said product, processes <strong>for</strong> using said<br />

product, processes <strong>for</strong> handling said product, machines, instruments, equipment or other<br />

means <strong>for</strong> producing said product, products solely utilizing specific properties <strong>of</strong> said product,<br />

or products <strong>for</strong> handling said product.”<br />

3.3.1 Process <strong>of</strong> Manufacturing the Product, and Machines, Instruments, Equipment or<br />

Other Things <strong>for</strong> Manufacturing the Product<br />

The process or the product <strong>of</strong> the related invention is what is used to change the raw<br />

material or semi-finished material etc. into the product <strong>of</strong> the specified invention.<br />

“Other things,” includes ,except the “equipment,” catalyst or microbes etc. that is used on<br />

another raw material or semi-finished material etc. to use its function to change them to obtain<br />

the product.<br />

When the “the process <strong>of</strong> manufacturing” or “machines, instrument, equipment and<br />

others” are appropriate <strong>for</strong> manufacturing <strong>of</strong> the specified invention, the unity requirement is<br />

satisfied even if they can be used to manufacture products other than the product indicated as<br />

the specified invention.<br />

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