On April 28, 2023, the Cabinet has decided the “Basic Guidelines on measures concerning special provisions for the publication of patent applications under the Patent Law, the proper management of information pertaining to inventions described in the description, claims or drawings of patent applications under Article 36(1) of the Patent Law, and other measures to prevent the leakage of information pertaining to inventions that are likely to cause a significant risk of compromising national and public safety through external action by being made public,” relating to the Law on the Promotion of Security Assurance through the Integration of Economic Measures (Law No. 43 of 2022).
The patent to be protected under this new system will include advanced technologies that could have a significant impact on the state of our national security as well as technology that could be a means of causing extensive damage to the lives of the people and economic activities of our country.
Such patent application of interest will be subjected to the maintenance review after filing a patent application including two steps; the first step by the JPO and the second step by the Cabinet Office. Further details for this system are now in the process of preparation, which includes call for public comments on the new system, preparation of ministerial ordinances, awareness of the system to the public, or the like. This new system on the secret patent application will come into effect next Spring.
For more detail, please see below (Japanese only).