(Japan) Restriction of Multi-multi claims
The Japan Patent Office (JPO) has initiated a “Restriction of Multi-Multi Claims” for the purpose of international harmonization, etc. This restriction also applies to PCT applications whose international filing date is on or after April 1, 2022, for domestic entry into Japan.
（JPO）Restriction of Multi-Multi Claims
Covered patent applications containing Multi-Multi Claims are subject to the following restrictions:
As described above, when Multi-Multi Claims are included at the time of commencement of examination, there is a possibility that some claims will be excluded from examination, and even if an amendment is made to eliminate Multi-Multi Claims, the same amendment restrictions as those in the Final OA may apply. Therefore, in Japan, it is recommended to take measures against Multi-Multi Claims before the commencement of examination (e.g., at the time of entry into Japan or at the time of request for examination).
(Comparison) Restriction of Multi-Multi Claims in China, Korea, Taiwan, and Japan
China, Korea, Taiwan, and Japan all impose restrictions of Multi-Multi Claims. In contrast, as shown below, there are exceptions to the claims restricted as Multi-Multi Claims in Taiwan and China, whereas there are no exceptions in Korea and Japan.
In addition, in China and Korea, substantive examinations, such as for inventive step, are conducted even for Multi-Multi Claims. However, as mentioned above, substantive examinations are not conducted in Japan.
Therefore, it is strongly recommended to amend Multi-Multi Claims in Japan prior to the commencement of substantive examination.
Effective use of multi-multi claims requires consideration of each country’s particular filing system. Takaoka IP can help you to obtain rights for your applications, including the above-mentioned Multi-Multi Claims, based on the latest regulatory information.
