Starting on May 1, 2024, the “System for Non-disclosure of Patent Applications” was implemented under Chapter V of the Economic Security Promotion Act (hereinafter referred to as “the Act”). This system allows for the suspension of certain patent procedures, such as publication of the application, decision of patent grant and decision of refusal, through a process called “Security Designation” in the case an invention disclosed in a patent application relates to a specified technology field.

In addition, to ensure the effectiveness of this system, a regulation that prohibits foreign filings has also been introduced into Japan (Article 78 of the Act), which requires the first filing of a patent application to be in Japan if certain requirements are met.

As a result, an invention made within Japan that belongs to a specified technology field and has not been disclosed in public must, in principle, be filed with the Japan Patent Office before filing in any other jurisdiction.

The term “an invention made within Japan” refers to an invention that is completed within Japan. Therefore, if research and development are conducted across multiple countries, the determination will be based on where the invention was completed. Even if the applicant is a foreign company, careful attention is required when filing a patent application for an invention belonging to a specified technology field that was completed in Japan.

Please refer to the following link for more details:
(JPO) https://www.jpo.go.jp/e/system/patent/shutugan/patent_applications.html

(Ministry of Justice) https://www.japaneselawtranslation.go.jp/outline/75/905R403.pdf