Patent Non-Disclosure System: Full Operation 2026
Introduction: Patent Non-Disclosure System was formally established under Chapter V of the Economic Security Promotion Act (ESPA). As per the framework a patent application encompasses inventions that if made known to the public would create a situation that undermines the national security of the nation. Through this Act, the patent procedures such as the publication of the application, decision of the patent grant as well as decision of refusal are suspended through a procedure known as security designation. The act provides a framework for patent non-disclosure. However, the substantive details are further defined by subordinate laws and regulations after the government sets the basic policies for each system post-legislation. This blog aims to understand the framework laid down through the Act and the extent of implementation.
The Dual-Stage Review Framework
The screening of the patent application is governed by a dual stage review framework. It operates through a bifurcated evaluation process in order to maintain the confidentiality of sensitive technologies without halting standard patent examination. It comprises of a:
- Primary Review by the Japan Patent Office: Within three months of the filing date of the patent the Commissioner of the Japan Patent Office screens all direct national patent applications to see if they fall within a specified technology field. If they fall within the specified technology the application is transferred for security review. However, the PCT applications that enter Japan are exempt from the primary review under article 66(5) of the Act.
- Secondary Security Review by the Cabinet Office: In case an application is transferred for security review, the office conducts a substantive evaluation to understand whether it warrants a security designation. The designation is to be made within ten months of the filing date.
If an invention receives a security designation, the JPO suspends publication and the final decision to grant or reject the patent. However, standard prosecution steps like requests for examination and office actions continue as usual.
The 25 Specified Technology Fields:
The system targets 25 specified technologies grouped into three categories:
- Advanced Technologies with significant security impact: Including stealth (covert/camouflage) systems, autonomous weapons (UAVs), guided weaponry, and directed energy weapons (lasers/EMP).
- Technologies with additional requirements: Technologies with commercial applications that can be repurposed for defence, such as infrared sensors, hardware tamper resistance, and electromagnetic jamming.
Technologies Capable of causing serious harm: Isotope separation, nuclear fuel reprocessing, and chemical dispersion systems.
First filing obligation
Article 78 of the ESPA provides a mandatory first-filing requirement, which prohibits foreign patent applications with respect to certain inventions. The duty covers inventions, which have been made in Japan, have not been publicly disclosed yet, and belong to specific categories of sensitive technologies. Before making any foreign patent application, such inventions must be filed in the first place at the Japan Patent Office.
The application of such a first-filing requirement is determined by the place of completion of the invention and not by nationality of the inventor or of headquarters of the firm. Thus, if an inventive idea was made and perfected in Japan, the obligation to make first filing would apply even if the inventors and/or the applicant are foreigners.
Prior Confirmation and Penalties
In case of uncertainty with regard to whether the invention falls under the specified technology fields, a prior-confirmation procedure needs to be followed. Article 79 provides a Prior Confirmation system, for the applicants who want to file the patent outside without prior filing in Japan, for a fee of JPY 25,000.
However, an important caveat is that under the Prior Confirmation process, the clearance granted is more limited in scope compared to Security Review, which is done when an application has been made in Japan. In cases where the invention is determined by JPO to belong to a Specified Technology Field, the case is referred to the Prime Minister, and the scope of inventions excluded from the ban on foreign applications is narrower compared to inventions excluded through a full Security Review process. JPO also observes that a greater number of inventions will be exempt from the prohibition of filing foreign applications for applicants that first make an application in Japan and submit to a security review.
Violation of the foreign filing ban or disclosing a designated secret invention carries severe consequences. Offenders may face imprisonment for up to one year, a fine of up to 500,000 JPY, or both inclusive of individuals committing these acts outside of Japan.
Evolving Trends Toward 2026
The Japan Patent Office has seen more than 1300 requests for prior confirmation which implies that the law is being implemented with proper effect. However, only 90 cases were considered for the security review. This also reflects the stringent review procedures that are being followed which ensures that only cases that are very important are considered for the secondary review. As of March, 2025 no cases were being considered for security designation.
However, as per the JPO Status Report 2026 there has been a notable rise in the patent applications filed in 2025. As many as 358,317 patent applications were filed, up from 306,855 in 2024 in contrast to the March 2025 Report. Out of 358,317 patent applications that were filed in 2025, 72,011 were PCT applications entered into the national phase in Japan, while the rest of 286,306 were direct patent applications.
It is noteworthy that foreign applicants continue to utilize the Japanese patent system extensively. In 2025, the largest number of patent applications among other overseas filers belonged to the United States with 24,601 filings, followed by China (10,824), Korea (9,687), and Germany (5,278). From the above figures, it is clear that Japan retains the status of an important jurisdiction for patent protection.
Conclusion
The Japanese Patent Non-Disclosure System marks a dynamic departure from the traditional patenting process. It prioritizes national security needs over the transparency of the traditional patent process. With the two-tiered structure, the mandatory first filing under Article 78, and the accompanying penalties, the ESPA is an independent compliance mechanism that foreign filers can no longer ignore. The 2026 report as released by the Japanese government shows a significant rise in the no. of patent applications. This can therefore act as a learning for other countries as well as a measure for protecting their sensitive patents.
Author :- Auridraa Chatterjee, in case of any query, contact us at Global Patent Filing or write back us via email at support@globalpatentfiling.com.
References
- Ching-Ying CHEN, Year one of the Patent Non-Disclosure System in Japan, (July 25, 2025), https://www.aippi.org/news/year-one-of-the-patent-non-disclosure-system-in-japan/.
- Mitsu Yamamoto, JPO Status Report 2026 Highlights Recent Trends in Japanese IP Practice, Keisen Associates - (May 16, 2026), https://keisenassociates.com/jpo-status-report-2026-highlights-recent-trends-in-japanese-ip-practice/.
- Koji Sugimura, Japan: AI and extraterritoriality dominate patent landscape as JPO refines examination practice, (Aug. 18, 2025), https://www.iam-media.com/review/the-patent-prosecution-review/2026/article/japan-ai-and-extraterritoriality-dominate-patent-landscape-jpo-refines-examination-practice.
- Japan Patent Office, Patent Applications, JAPAN PATENT OFF., https://www.jpo.go.jp/e/system/patent/shutugan/patent_applications.html