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IP Infrastructure for Promotion of Work Sharing - Japan’s Perspective -

IP Infrastructure for Promotion of Work Sharing - Japan’s Perspective -. Koichi MINAMI Deputy Commissioner Japan Patent Office. WIPO Global Symposium of Intellectual Property Authorities, 17and 18 September 2009. Contents. Growing Demand for Work Sharing Foundation Projects by IP5 Offices

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IP Infrastructure for Promotion of Work Sharing - Japan’s Perspective -

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  1. IP Infrastructure for Promotion of Work Sharing- Japan’s Perspective - Koichi MINAMI Deputy Commissioner Japan Patent Office WIPO Global Symposium of Intellectual Property Authorities, 17and 18 September 2009

  2. Contents • Growing Demand for Work Sharing • Foundation Projects by IP5 Offices • JP-FIRST and PPH

  3. Growing Demand for Work Sharing • The total number of worldwide patent filings has been increasing • 770,000 patent applications of 1,760,000 (40%) are filed by non-residents Total number of worldwide patent applications by year PCT applications and PCT member states from 1990 to 2007 Non-resident approx. 40% (source) WIPO Website (source) WIPO Website

  4. Growing Demand for Work Sharing • Large majority of worldwide patent applications are filed at 5 Offices (1,410,000 in 2007) • 420,000 patent applications of them are duplicated Patent applications at 5 Offices from 2001 to 2007 Patent applications at 5 Offices in 2007 456 172

  5. Foundation Project by IP５ Offices • IP5 Offices held the first commissioners' meeting in 2007 (JPO, USPTO, EPO, KIPO and SIPO) • Work Sharing Framework and 10 Foundation Projects • Maximize utilization existing infrastructure Support & Enhance

  6. Foundation Projects by IP5 Offices Work-sharing Framework and 10 Foundation Projects 10 Foundation Projects - Platform for Work-sharing Common Application Format: JPO Common Classification: EPO Mutual Machine Translation: KIPO Common Access to Search and Examination Results: JPO Common Approach to Sharing and Documenting Search Strategies: USPTO Common Training Policy [Certification]: KIPO Common Rules for Examination Practice and Quality Control: SIPO Common Search and Examination Support Tools: USPTO Common Documentation Database: EPO Common Statistical Parameter System for Examination: SIPO

  7. Foundation Projects by IP5 Offices • Common Application Format (CAF) • CAF (Description, Claims, Abstract and Drawings) is available to all these offices • CAF will reduce burden on applicants, cutting out the need of re-drafting applications caused by the differenceamong the Offices. JPO Format EPO Format Common Format (Based on PCT) USPTO Format KIPO Format SIPO Format … PCT Format PCT adopts CAF since Jan. 2009

  8. Foundation Projects by IP5 Offices • Common Access to Search and Examination Results JPO AIPN*1 36 IP Offices Other IP Offices EPO KIPO Dossier Access System Search results and examination results in each office can be accessible among these offices （Japanese-English Machine Translation） SIPO USPTO *1AIPN: Advanced Industrial Property Network *2 SIPO is under consideration to connect to Dossier Access System in 2016.

  9. JP-FIRST (JP-Fast Information Release STrategy) Introduced: April 2008 JPO provides FA results to the OSF before the OSF’s examinations. • JPO prioritizes examination of applications that satisfy certain conditions: (i) First filed with JPO (and then filed via the Paris route with OSF) and (ii) Examination is requested within two years of JPO filing date • JPO provides examination results (FA) to applicants within 30 months of JPO filing date. JPO prioritizes examination of first filing satisfying JP-FIRST conditions. 30 months FinalExamination FA Application JPO (OFF) FA Results Corresponding Application FA OSF 12 months(Paris Priority) OSF utilizes FA results of JPO.

  10. PPH (PatentProsecution Highway) • If a patent application has been determined to be patentable in the first filing office, • the corresponding application is qualified for accelerated examination in second filing offices with a simple procedure. Office of First Filing (OFF) Patented Application Office Action OSF utilizes search and examination result of OFF. Office of Second Filing (OSF) Corresponding Application Request for PPH Accelerated Exam. Average Pendency from PPH Request to FA in the OSF: 2-3 months (As of the end of Apr. 2009in the JPO and the USPTO)

  11. Advantages of PPH ~Quality and Speed ~ • Expeditious examination and Cost savings are expected due to decreasing number of office actions. • High Grant Rate in the OSF • High predictability of examination results in the OSF As of Dec. 31, 2008

  12. Another Aspect of PPH Mutual understanding of examination practice in each office (What are same, What are different) Facilitation of the substantial harmonization of the examination practices between the offices Same invention and Same claims between the applications to the OFF and OSF under the PPH Program Improvement of the predictability of the examination result of the OSF for users

  13. Expanding PPH Network! UKIPO IP Australia ROSPATENT DKPTO Nov. 2008 Jul. 2007 Sep. 2007 Apr. 2008 Oct. 2009 May 2009 Jul. 2008 USPTO NBPR Jul. 2009 EPO Apr. 2009 Sep. 2008 Jul. 2006 APO Jan. 2008 Jan. 2008 JPO Jul. 2009 Apr. 2007 Nov. 2009 Feb. 2009 Mar. 2008 Mar. 2009 Apr. 2009 Jul. 2009 CIPO Aug. 2009 : full implementation GPTO : pilot implementation IPOS KIPO : under consideration HPO

  14. Thank you http://www.jpo.go.jp/index.htm

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