Research on the Non-Publication System for Patent Applications in Japan

Abstract

This paper presents a systematic analysis of Japan's non-publication system for patent applications, examining its institutional foundations and operational mechanisms with particular emphasis on key structural features and their practical outcomes. Specifically, the study focuses on critical measures such as the two-stage examination process for confidential patents, the establishment of specified technology domain lists, and the implementation of loss compensation mechanisms. The findings indicate that Japan's system demonstrates a stronger emphasis on safeguarding applicants' rights, characterized by relatively shorter confidentiality periods and more flexible declassification procedures. Moreover, the system exhibits several distinctive institutional features, including the formulation of technology domain lists, the integration of expert participation in review procedures, and the adoption of equitable compensation frameworks for rights holders. These institutional practices offer meaningful insights for enhancing China's patent confidentiality system, potentially enabling a balanced approach that supports national security objectives while fostering technological innovation.