However, two or more inventions or utility models belonging to a general inventive concept may be filed as one application. For example, the design of the China Zodiac with the same design concept as that used on the key ring can be applied as a patent for design.
Article 37 of Japan's Patent Law stipulates as follows: If two or more inventions belong to a group of inventions that meet the requirements of invention singularity due to the technical relationship stipulated by the Ministry of Economy, Trade and Industry, they may apply for a patent through one application.
The detailed rules for the implementation of the Japanese Franchise Law are subsidiary laws of the Franchise Law, among which Article 25-8 stipulates as follows:
1. The "technical relationship stipulated by the Ministry of Economy, Trade and Industry" recorded in Article 37 of the Franchise Law means that two or more inventions are interrelated and have the same or corresponding specific technical characteristics, so these inventions constitute a general invention concept.
2. The specific technical features mentioned in the preceding paragraph refer to the technical features of the invention that have made significant contributions to the existing technology.
3. (omitted)
The singularity standard of JPO in Japan is that it has the same or corresponding specific technical characteristics (this standard comes from PCT Treaty and is also adopted by China). There are exceptions to this standard, that is, even if the invention does not meet the requirements of oneness, it may still be the object of practical review such as novelty and creativity. This is mainly because one of the legislative purposes of Article 37 is to "facilitate the applicant".
(A) the same specific technical features are easy to identify, and there are two "corresponding" situations:
When two or more inventions are the same or repeated for the problems to be solved in the prior art, compared with the prior art, the technical significance of their inventions is similar or closely related (for example, conductive ceramics added with titanium carbide and conductive ceramics added with titanium nitride).
2. The specific technical features of each invention are complementary and related (for example, a signal transmitter with a time axis expander and a signal receiver with a time axis compressor). )
(2) Special types that are considered to have "the same or corresponding specific technical characteristics".
1 product and its manufacturing method; Products and machines, appliances, devices, etc. To make products.
2. Products and methods of use; Products and products that use the special properties of products.
3. Products and their treatment methods; Products and processing supplies for processing products.
Method and machines, appliances and equipment directly used when implementing the method.
5 Markush form.
6 Intermediate products and final products.