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Proposals to enhance Quality and Efficiency of the PCT Route

Proposals to enhance Quality and Efficiency of the PCT Route. May 4-8, 2009 Japan. (PCT/WG/2/8). Proposal Image. Proposal. Current PCT. International Publication. +Third party observation. International Publication.

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Proposals to enhance Quality and Efficiency of the PCT Route

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  1. Proposals to enhanceQuality and Efficiencyof the PCT Route May 4-8, 2009 Japan (PCT/WG/2/8)

  2. Proposal Image Proposal Current PCT International Publication +Third party observation International Publication ISR/WOISA ISR/WOISA ISR/WOISA +Secret Prior Art

  3. Importance of “secret prior art” • Whole rate across all the technical fields: 6.5% • High rate (10% or more): wide variety of fields JPO data Source: JPO database

  4. Third party observation • The number of submission cases reaches as many as 7,500 (2% of all applications) in 2007 and is on the increase. • 76% of the applications, for which information was submitted, utilize the information to issue the office action to negate patentability. JPO system Number of Submissions Number Source: JPO database Year

  5. Phase to be made more complete and useful • Comparison of Chapter I (ISR/WOISA) and Chapter II (IPER) from users’ perspective

  6. JP Proposal • Establishment of ISR/WOISA after international publication(#) • Introduction of the system for the filing of third party observation Benefits for users and offices (a) (b) (c) (d) • Complete search can be provided in the first instance. • ISR/WOISA can cover all “secret prior art.” • Applicant can respond to negative “secret prior art” at one time. • The ISAs do not have to conduct “top-up” search on “secret prior art” at a later stage. • Third party observation can be reflected in the ISR/WOISA. • All applicants can receive the reports which cover all “secret prior art.” # The current timing of establishment of the ISR/WOISA should be maintained as an option

  7. ISR/WOISA after the international publicationThird party observation Enhance quality and usability of ISR etc. International Phase National Phase 18 0 12 30 Timeline (in months) Third party observation National Phase Entry ISR/WOISA after the international publication Substantive Exam. Grant of Patent A Priority date Publication PCT filing date ISR / WOISA Substantive Exam. Grant of Patent B Substantive Exam. Grant of Patent C

  8. Roadmap for the development of the future PCT PCT/WG/2/3 Annex I, page 3 Making International Examination More Complete, Relevant and Useful • Aim: To create the time limit of establishing the ISR/WOISA at the earliest feasible time after international publication, while maintaining the current timing as an option.

  9. Possible reflection point • Extension of subsequent time limits National phase entry Establishment of IPER Demand for IPE Publication ISR / WOISA (28) (30) 18 (22)

  10. 30 No repetition National Phase Entry Substantive Exam. Grant of Patent i No repetition Earlier National Phase Entry Article 23(2) Earliest National Phase Entry upon express request by an applicant Substantive Exam. Grant of Patent ii Article 23(2) “No repetition” iii PCT use modes • The cases (i) through (iii) are PCT use modes among which applicants can choose. • The case (iii) is a kind of mode where “No repetition” can be performed by conducting parallel processing. 12 0 Timeline (in months) Priority date PCT filing date ISR / WOISA Enhance confidence and usability of ISR etc. here is equal to “parallel processing” Less duplication Substantive Examination Grant of Patent

  11. Roadmap for the development of the future PCT PCT/WG/2/3 Annex I, page 1 Compliance and Consistency • Aim: For International Search Authorities and International Preliminary Examination Authorities to conduct parallel processing of international application as ISA/IPEA and early national entry application as DO where applicable.

  12. Thank you!

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