Under the Japanese Patent Act, certain inventions are excluded from patentability on public policy grounds. Article 32 of the Patent Act provides as follows:
Article 32
Notwithstanding Article 29, an invention that is likely to disrupt public order, corrupt public morals, or harm public health may not be patented.
This provision establishes a statutory exception to patentability based on public interest considerations. Even if an invention meets all technical patentability requirements—such as novelty, inventive step, and industrial applicability—it cannot be granted a patent if it falls within this exception.
Examples of inventions excluded from patentability under Article 32:
- A human being obtained by genetic manipulation
- A method used exclusively for brutally killing humans
These inventions are considered to offend public order or morality and are therefore unpatentable.
Examples of inventions not excluded under Article 32:
- Poisons
- Explosives
- Anti-cancer drugs with severe side effects
- Devices that punch holes in banknotes
(These are not necessarily used for criminal purposes such as counterfeiting.)
In practice, the application of Article 32 is rare, but it plays an important role in ensuring that the patent system remains aligned with the broader interests of society.
