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Q35. Time vs. Day

Q35. Time vs. Day
 Explain cases where a filing time or a filing date of an application is considered.

A35. Novelty of the claimed invention is determined by the filing time of the application (Art.29(1)). Theoretically, even if the application is filed on the same day as the publication of an invention by a third party, but the application is filed before the publication of the invention on the same day, then the claimed invention is novel over the publication. Under current practice, the JPO records only a filing date of an application, the Examiner will not raise a lack of novelty or inventive step based on a document having a publication date same as the filing date of the application. For more details, see the Examination Guidelines, Part II, Chapter 2(http://www.jpo.go.jp/cgi/linke.cgi?url=/tetuzuki_e/t_tokkyo_e/1312-002_e.htm).
 Conversely, first to file rule is based on the filing date of the application (Art. 39), see Q69.