Medicine And Medically Related Inventions

Article 29 (1) provides for patenting of any invention that has industrial applicability, with specific exceptions directed (among other things) to methods of treating or diagnosing patients. Thus, pharmaceutical compositions can be protected as chemical entities, but not as compositions for the purpose of treating diseases in humans. Interestingly, in 2004 the Japanese Patent Office (JPO) began accepting claims directed to methods of manufacturing medicines and medical equipment derived from human tissue. Presumably this will allow Japanese patents to claim artificial skin, limbs, etc, as well as stem cells.

The June 2003 official report entitled "Application of Methods related to Medical Activity to the Patent Law", as well as Feb. 2005 "Draft Examination Guidelines for Medicinal Invention" are available through the Japanese Patent Office website.