A Commentary on the System of Calling for Third-Party Comments (From the Perspective of a Drafter of the Bill)

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A. Introduction

I joined Oh-Ebashi LPC & Partners after serving as a Senior Specialist for Legislation at the Legislative Affairs Office of the Japan Patent Office (“JPO”) for three years. One of my accomplishments during my time at the JPO was being involved in drafting the bill to amend the Patent Act of Japan (the “Patent Act”). The bill was enacted in 2021.

There was a previous Oh-Ebashi Newsletter article about the amendments to the Patent Act in 2021.1 In this article, I would like to delve deeper and focus on the new system of calling for third-party comments (the “System”). I will describe the developments that have taken place after the amendments and provide some practical advice from the perspective of a drafter of the bill that established the System.

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