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Q36. Statutory Requirements

Q36. Statutory Requirements
 Explain Statutory Requirements in Japanese practice.

A36. Art.2(1) defines patentable invention as “An advanced creation of a technical idea using natural laws”. Moreover, Art.29 also requires industrial applicability. That brings that a man-made rule, a mathematical formula, and a personally usable method etc. cannot be patented.
 In addition, there are specific technical matters as follows:
(1) Medical method
 A method of human treatment cannot be patented by a lack of the industrial applicability. However, a medicine, a treatment apparatus, and a method for controlling a treatment apparatus can be patented. A method of animal (non-human) treatment can also be patented unlike European practice.
(2) CII (Computer Implemented Invention)
 A computer implemented invention, such as software or a business-model, can be patented only when it is considered to use natural laws. Under Japanese practice, claiming practical information processing using hardware can fulfill this requirement. A basic concept of the CII, such as a business-model, is not necessarily to be technical itself.