Japan has introduced a patent non-disclosure system under the Economic Security Promotion Act. This new system is important, even for companies incorporated abroad. If an invention is conceived of in Japan, or if the invention is conceived of during the course of collaboration with a Japanese company, it may be subject to this new system. This system is designed to prevent the disclosure of technologies important for security, including sensitive civilian technologies that may be repurposed for military use. The process involves a two-stage examination: first by the Japanese Patent Office (JPO) to identify if a patent application falls into a “specific critical technology area,” and then a “preservation examination” by the Cabinet Office. If designated as a preservation technology, an application’s publication and patent grant are suspended, and the applicant must adhere to stringent measures to prevent information disclosure.

This new system mandates that inventions conceived of in Japan be first filed in Japan before filing overseas, with penalties for non-compliance including imprisonment or fines. Additionally, applicants with inventions designated as preservation technologies may be eligible for compensation for losses incurred due to the designation, such as unearned profits from the inability to practice the patented invention.

The system aims to balance economic security with the need for technological innovation and commercialization, recognizing the global nature of patent filings and the necessity of protecting critical technologies from unauthorized disclosure. This initiative reflects Japan’s commitment to safeguarding its technological advancements and economic interests, especially in fields deemed vital for national security.

The process involves a two-stage examination: first by the Japanese Patent Office (JPO) to identify, within three months of filing, if a patent application falls into a “specific critical technology areas,” and then a “preservation examination” by the Cabinet Office within ten months of filing. If designated as a preservation technology, an application’s publication and patent grant are suspended, and the applicant must adhere to stringent measures to prevent information disclosure. The JPO does not issue a notice that the application does not fall into a “specific critical technology area,” so the applicant cannot be assured until three months have passed since the application was filed.

The technical fields to be regulated are (1)-(25) below. Judged in accordance with the International Patent Classification (IPC).

(1) Technology for disguising and concealing aircraft, etc.
(2) Technology for unmanned aircraft, autonomous control, etc. related to weapons, etc.
(3) Technology related to guided weapons, etc.
(4) Technology related to ballistics of projectiles and flying objects
(5) Technology related to weapons using electromagnetic launchers
(6) Technology related to weapons such as laser weapons and electromagnetic pulse (EMP) munitions
(7) Technology for defense against aircraft and guided missiles
(8) Technology related to attack and protection devices deployed on submarines
(9) Technology such as position measurement using sound waves that relates to weapons
(10) Technology related to scramjet engines, etc.
(11) Technology related to solid fuel rocket engines
(12) Technology related to submarines
(13) Technology related to unmanned underwater vehicles
(14) Technology for position measurement using sound waves, etc., related to submarines, etc.
(15) Technology related to thermal protection, reentry, merging and separation, and meteorite detection for space vehicles
(16) Technologies for observation and tracking of space vehicles
(17) Technology related to semiconductor photodetectors with quantum dots and superlattice structures
(18) Technology for protecting computer components with tamper-resistant housings
(19) Technology related to telecommunications jamming
(20) Technology for isotope separation of uranium and plutonium
(21) Technology related to the decomposition and reprocessing of spent nuclear fuel
(22) Technology related to heavy water
(23) Technology related to nuclear explosive devices
(24) Technology related to compositions for gas bombs
(25) Technology related to ammunition that disperses gas, powder, etc.

Note: For items (10)-(19) there is an added requirement that the effect on the development of the industry be recognized to be significant if the designation of conservation is made.