Japanese Patent FAQs
Methods for Treatment of the Human Body
Update 2024.6.3Q.Is there any general prohibition as to the patenting of methods for treatment of the human body by surgery or therapy in Japan?
An invention concerning a method for diagnosis, operation, treatment, and/or disease prevention is not patentable subject matter in Japan and will thus be rejected by the Japanese Patent Office. Claims that have not been searched by the International Searching Authority are not preferably treated in Japan.
Q.Are medical uses of cannabis patentable in Japan?
Yes, medical composites containing CBD and/or methods of manufacturing CBD have been patented. In practice, no rejections for reasons related to a violation of public order and morality have been issued. Contrary to this, human treatment methods that use CBD are not patentable.
That is, although drug claims and method of manufacture claims are patentable, any claims directed to human treatment methods will need to be amended and converted to drug and/or method of manufacture claims or be deleted.