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1
Introduction to Introduction to thetheJapan Patent Japan Patent OfficeOffice
Japan Patent Office
Intellectual Property Laws in Japan
2
– Patent Law (Invention)
– Utility Model Law (Device)
– Design Law (Industrial Design)
– Trademark Law (Trademark, Service mark)
– Copyright Law (Copyright)
– Unfair Competition Prevention Law
(Well-known Marks, Indication of Origin, Trade Secrets)
– Law concerning the Circuit Layout of Semiconductor
Integrated Circuits
– Seed and Seedlings Law
Organization (1)
3
Agency of NaturalResources and Energy
Japan Patent Office
Ministry ofEconomy,
Trade and Industry
Small and MediumEnterprise Agency
Organization (2)
4
General Affairs Dept.General Affairs Dept.
Patent and Design Examination Dept.(Physics, Optics, Social Infrastructure and Design)
Patent and Design Examination Dept.(Physics, Optics, Social Infrastructure and Design)
Patent Examination Dept.(Mechanical Technology)
Patent Examination Dept.(Mechanical Technology)
Patent Examination Dept.(Chemistry, Life Science and Material Science)
Patent Examination Dept.(Chemistry, Life Science and Material Science)
Patent Examination Dept.(Electronic Technology)
Patent Examination Dept.(Electronic Technology)
Japan Patent Office
Trial and Appeal Dept.Trial and Appeal Dept.
Trademark and Customer Relations Dept.Trademark and Customer Relations Dept.
5
Comparison with EPO and USPTOOrganization JPO EPO USPTO
Jurisdiction Patent
Utility Model
Design
Trademark
Patent Patent
(Plant)
(Design)
Trademark
Number of staffs
Total Staff 2,852 6,726* 11,531
Patent Examiners 1,713 3,949* 7,831
Design Examiners 51 - 104
Trademark Examiners 147 - 386
Number of applications (2012)
Patent 342,796 148,494 542,815
Design 32,391 - 32,799
Trademark 119,010 - 306,049*
<source> IP5 Statistics Report 2011, Website of each office
* :Data of 2011
<source> IP5 Statistics Report 2011, Website of each office
* :Data of 2011
6
Organization JPO EPO USPTO
Application Language JapaneseEnglish* (Translation in Japanese should be submitted later)
German
French
EnglishOther EPO languages* (Translation in any of above 3 languages should be submitted later)
English
Other languages*(Translation in English should be submitted later)
Publication 18 months from filing or priority date
18 months from filing or priority date
18 months from filing or priority date
Request for substantive examination
3 years from filing or priority date
6 month from European Search
Report
none
Term of patent right 20 years from filing date
20 years from filing date
20 years from filing date(applications after June 8 1995)
Comparison with EPO and USPTO
7
Japan Patent Office
Actions for Work sharing and Actions for Work sharing and International Cooperation International Cooperation at the JPOat the JPO
8
The number of patent applications in the world is increasing along with the globalization of business.
In particular, the number of applications filed in many offices is significantly increasing.
Duplicate work among individual patent offices is also on the rise.
The number of patent applications in the world is increasing along with the globalization of business.
In particular, the number of applications filed in many offices is significantly increasing.
Duplicate work among individual patent offices is also on the rise.
Patent Application Filed in the Whole World
Changes in Patent Appl. Filed in the Whole World
Source: WIPO Industrial Property Statistics
(Unit: 10 thou.)
56.1
92.4
151.3
2.35 mil.
1.48 mil.
83.4
9
Work-sharing CaseWork-sharing Case
an application
The general concept of work-sharing is the utilization of search & examination results in office of earlier examination.
The general concept of work-sharing is the utilization of search & examination results in office of earlier examination.
Search
an application
Duplicate Work..Duplicate Work..
Normal Case
Search
Finished
Search
Refer to the results before
searching
Utilization of Results!Utilization of Results!
prior arts, office actions
Reduced examination workload
Growing Demand for work-sharing among IP OfficesGrowing Demand for work-sharing among IP Offices
Patent applications filed with major 5 Offices
10
Large majority of worldwide patent applications are filed at 5 Offices (1,876,823 in 2012)
Patent applications at 5 Offices in 2012
Work sharing (mutual exploitation of search/examination results) is a key issue
88,686
22,659
42,27816,004
342,796
22,922
35,207
29,510
11,346
542,815
20,899
85,195
31,780
10,194
148,562
2,022
13,273
3,732
982
653,735
5,708
29,4815,719
8,985
188,915
JPO(日本)
USPTO(米国) EPO(欧州)
SIPO(中国) KIPO(韓国)
Contents
11
1. PPH2. PCT3. PCT-Kaizan4. Competent ISA 5. Examiner Exchange Program6. Global Dossier
The Scheme of Patent Prosecution Highway
12
PPH is a framework in which an application determined to be patentable in the Office of Earlier Examination is eligible to have an accelerated examination in the Office of Later Examination with a simple procedure upon an applicant’s request
PPH is a framework in which an application determined to be patentable in the Office of Earlier Examination is eligible to have an accelerated examination in the Office of Later Examination with a simple procedure upon an applicant’s request
ApplicationA
CorrespondingApplication
A’
Grant
AcceleratedAcceleratedExaminationExamination
OEE (Office of Earlier Examination)
OLE (Office of Later Examination) OLE examination burden can be lightenOLE examination burden can be lighten
Work SharingWork Sharing
Applicant MeritApplicant Merit
PPHReques
t
Claims correspondence
OEE Examination History
Office MeritOffice Merit
The JPO proposed the patent prosecution highway (PPH) and put it into action with the United States in 2006 for the first time in the world. Since then, the JPO has been working toward expanding the PPH network and enhancing the usability of this framework.
IPO-CZ
(Czech)
SIC(Colombia)
IPOPHL(Philippines)
TIPO(Taiwan)
IMPI(Mexico)
APO(Austria)
SIPO(China)
EPO(Europe)
DPMA (Germany)
IPOS(Singapore)
PPO (Poland)
EAPO (Eurasia)
DGIPR (Indonesia)
DIP(Thai)
JPO (JAPAN)
UKIPO(UK)
CIPO (Canada)
ROSPATENT(Russia)
USPTO(USA)
DKPTO (Denmark)
PRH(Finland)
SPTO(Spain)INPI
(Portugal)
ILPO(Israel)
IP Australia(Australia)
IPO(Iceland)
PRV(Sweden)
NIPO(Norway)
NPI(Nordic) HIPO
(Hungary)
KIPO(Korea)
NRIP
( Nicaragua )
As of 6th of January, 2014
13
32 offices participate in the PPH.As of January 6, 2014
(Japan implements the PPH with 28 offices.)The accumulated total number of requests
for PPH filed worldwide is about 50,000.As of December 2013
32 offices participate in the PPH.As of January 6, 2014
(Japan implements the PPH with 28 offices.)The accumulated total number of requests
for PPH filed worldwide is about 50,000.As of December 2013
Expanding PPH Network
Number of applications for the PPH (received by JPO)
as of December 2013
• High Speed:
Reduced pendency at the office of second filing (OSF)
Expeditious examination
• Cost Saving:
Reduction in Number of Office Actions
• High Quality:
High grant rate at the OSF High predictability of
examination results at the OSF
Merits of PPH: High Speed, Cost Saving, High Quality
15
PCT as an international work sharing initiative
16
ISA/IPEA provides international work products (Written Opinion (WO), IPER etc.) that can be utilized at the subsequent national phase.
16
Refer the written opinion
ISA/IPEA
DO
DO
DO
DO
Refer the written opinion
Refer the written opinion
Refer the written opinion
Refer the written opinion
WO
PCT systemPCT system
“PCT Kaizen”
17
【 Issues with the PCT System 】・ Duplicate work of applicants and IP offices・ Lack of predictability of acquiring patent rights, etc.
Currentmeasures
Improving individual elements and functions that make up the PCT system (partialoptimization)・ Measures to improve the quality of international searches (prior art searches) of an individual ISA・ Improving electronic processing of applications, etc.
Proposed“PCTKaizen”
【 Basic concept 】Looking at the entire PCT system as a whole, and encouraging coordination among a series of processes and procedures, from applications up to examinations in each country (totaloptimization)【 Specific proposals 】・ Improving quality of search and examination results at the international phase・ Promoting linkage between the international phase and the national phase・ Refining international search collaboration (collaborative search)・ Creating intelligence for analyzing and improving PCT processes・ Creating IT infrastructure which is conductive to PCT Kaizen (full use of the Global Dossier)
IndonesiaStarted on June 1, 2013Actual total number: 0
Philippines
Started on Jan. 1, 2002Actual total number: 10
ThailandStarted on April 15, 2010Actual total number: 23
VietnamStarted on July 1, 2012Actual total number: 0
MalaysiaStarted on April 1, 2013Actual total number: 16
SingaporeStarted on Dec. 1, 2012Actual total number: 10
Rep. of Korea *Resumed on July 1, 2001
*Actual total number: 12
(Only applications prepared in Japanese)
*JPO first served as an ISA for Rep. of Korea on Sep. 1, 1990, but in essence discontinued as an ISA on Dec. 1, 1999. The above “actual total number” reflects the number after JPO resumed operations as an ISA for Rep. of Korea.
Competent ISA (International Searching Authority)
Examiner Exchange Program
19
Purposes
1. Mutual understanding of the other offices’ examination practices
2. Learning useful tools for examiners themselves
3. Fostering mutual confidence on “work results” of the other offices
Maximize mutual exploitation of search/examination results among the offices
Expanding Examiners Exchange Program
20
As of end of March, 2014
dispatch 40accept 34
dispatch 8accept 5
dispatch 10accept 8
dispatch 7accept 4
accept 1
dispatch 6
dispatch 2accept 2
dispatch 2accept 2
dispatch 4accept 2
dispatch 2
dispatch 9
dispatch 12accept 12dispatch 2
dispatch 2
accept 2
dispatch 19accept 21
KIPO
DPMA (Germany)
UKIPO(England)
Rospatent (Russia)
EAPO(Eurasia) PRV
(Sweden)
DKPTO (Denmark)
SPTO(Spain)
INPI (Portugal)
INPI (Brazil)
IMPI (Mexico)
CIPO (Canada)
CGPDTM(India)TIPO
(Taiwan)
SIPO
IP Australia NOIP (Vietnam)IPOS
(Singapore)
mid and long termdispatch 1
USPTO
EPO
WIPO
dispatch 29accept 28
dispatch 251accept 191
mid and long termdispatch 5
mid and long termdispatch 5
Trilateral Examiner Exchangedispatch 28 accept 24
IP5 Workshop (from 2009)dispatch 13 accept 12
Harmony Visit (classification)dispatch 73 accept 11
mid and long termdispatch 1
dispatch 4accept 2
mid and long termdispatch 1
21
System enabling to retrieve patent application / examination result information in multiple countries at “one stop”Contribute to enhance work sharing among the OfficesExamination information sharing system in operation among the IP5 Offices (China, Europe, Japan, Korea and USA)Promote to expand a linkage with the other countries
Patent Application/Examination Result Information Database(Build a virtual database by a linkage
of the systems at the Offices)
Examiner OtherCountries
Image of system infrastructure for sharing of patent examination informationImage of system infrastructure for sharing of patent examination information
JAPAN
USA
DATE DOCUMENT**.05.2008: Request for a Patent**.05.2008: Description**.05.2008: Abstract**.07.2010: Request for Examination**.11.2011: Notification of Reasons for Refusal**.01.2012: Written Argument**.04.2012: Decision to Grant a Patent
JAPANJAPAN Country ACountry ADATE DOCUMENT******* XXXXXXXX******* XXXXX******* XXXXXXX******* XXXXXX
Country XCountry XDATE DOCUMENT******* XXXXX******* XXXX******* XXXXXXX ******* XXXXXXXX******* XXXXXX
Country ZCountry ZDATE DOCUMENT******* XXXXX******* XXXXXX******* XXXXX ******* XXXXXXXX******* XXXXXX******* XXXXXXXXRetrieve patent examination result information
in multiple countries at “one stop”
EUROPE
CHINA
… …
Public User
KOREA
Global Global DossierDossier
Global Dossier Initiative
22
GraciasGracias