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Q145. Doctrine of Claim Differentiation

Q145. Doctrine of Claim Differentiation
 Is the doctrine of claim differentiation or its equivalent available in Japan? Specifically, in a case where different words or phrases are used in different claims, are those claims presumed to have different scopes?

A145. Japan does not have the doctrine of differentiation or its equivalent.
 In this regard, the Patent Law Art. 36(5) provides that separate claims can be directed to substantially the same invention in the same application. This provision is intended to guide claim drafting but not to govern claim interpretation.