Supervised by Prof. YOSHITOSHI TANAKA FENG XIAOBING,SIPO

1. WIPO Study-Cum- Research Fellowship Program02 April – September 29, 2007THE HARMONIZATION OF THE PATENT SYSTEM –A GLOBAL PATENT SYSTEM IS POSSIBLE OR IMPOSSIPLE? Supervised by Prof. YOSHITOSHI TANAKA FENG XIAOBING,SIPO

2. CONTENTS BACKGROUND RESEARCH SUMMARY CONCLUSIONS AND SUGGESTIONS

3. In May 11-12 1999, an informal meet was taken in Tokyo. International Harmonization of Patent Systems Simplification of patent systems Convergence of patent systems

4. Total Number of Filings over the last 50 Years in the top ten countries The applications increased sharply KOREA ,EU America Japan China

5. The total number of PCT applications worldwide The duplicate applications increased

6. The number of applications filed mutually in 2005 The cost and complexity increased

7. CONTENTS BACKGROUND RESEARCH SUMMARY CONCLUSIONS AND SUGGESTIONS

8. What is the harmonization of international patent system? Trend A trend means the intrinsic direction that the patent system possesses in the process of unification. Process A process means the whole courses that the patent system in different countries tends to unification. Result A result means the final conclusion that the patent system in different countries tends to unification.

9. The hypothesis of my research ※ The international harmonization of patent system is aninevitable trend in the development of patent system. ※ The international harmonization of patent system should beandcould be benefit to developed countries and developing countries.

10. Main Achievements of harmonization in past 100 years • Established several important and fundamental principles • Establishedan international patent application system • Gave abrand new explanation to the conceptof IPR • Unified the formal procedures in national patent law • Defined the working direction for further harmonization

11. NEW PROGRESS ABOUT HARMONIZATION • Patent Prosecution Highway (PPH)—Proposed by JPO • New Route Proposal—Proposed by JPO • The TRIWAY Proposal —Proposed by USPTO • The Development Agenda —proposed by some developing countries

12. THE BENEFIT AND DISADVANTAGE ※ Resolve patent application backlog, ※Reduce the working cost ※Improve working efficiency ※ Expand policy space Developed countries ※Obtain higher investment return ※Form a more effective mechanism ※Meet enterprises’ new needs Broader Tropic Stronger Protection More convenient, rapid and less-costly ※ The more patent rights, the more beneficial? ※Patent rights produced by developing countries? ※Developing countries’ advantageous fields

13. THE BENEFIT AND DISADVANTAGE ※ Build up domestic technological innovation capacity ※Improve national patent protecting system ※Find the beneficialsubject matters ※ Actively participate in the harmonization ※Stimulate increase R&D input and expand to international market Developing countries ※Shrink of national policy space ※Impact domestic economic and technological ※SMEs development will be blocked

14. THE LAW FACTOR ANALYSIS For Procedure and Formality • The Definition of Prior art Date • The requirement of filing request • Substantive Examination Request • Search and Examine Procedure • The requirement for the specification and claim • The amendment to the specification and claim • Stipulation related to the priority • Divisional application

15. THE LAW FACTOR ANALYSIS For Substantive Standard

16. THE LAW FACTOR ANALYSIS

17. CONTENTS BACKGROUND RESEARCH SUMMARY CONCLUSIONS AND SUGGESTIONS

18. THE GENERAL TREND The formality harmonization is necessary The substantive harmonization is finished basically Promoted the harmonization to benefit the developing countries

19. CONCLUSIONS ※ The patent harmonization is a trend that can not be reversed. ※There are some advantages and disadvantages for developing countries, even for developed countries. ※Not only the developed countries, but also the developing countries need to think how to promote the patent harmonization, how to guide the developing direction of patent system. ※ As the development of patent system, especially after the TRIPS, the patent system in national countries had been harmonized greatly, especially the substantive grant standard. ※The harmonization will concentrate on the harmonization of procedure and formality that base on application examination.

20. CONCLUSIONS ※ For the developing countries, they should guide the harmonization to the director that benefit to developing countries instead of following the trend. ※The developing countries should have their own project to lead the harmonization. ※The developing countries should establish the domestic innovation capability in order to utilize the patent system more effectively. ※Besides this, perfect the law system which relates to patent, strength the utilization of patent information, and popularize the patent awareness is also very important to developing countries.

21. “There is no road in the world, only when enough people walked on it, then it became a road”

22. THANKS FOR YOUR ATTENTION

23. STEP 1:A corresponding application has to be filed in each of the Trilateral Offices and each application must be ready for examination STEP 2:One of the 3 Offices is selected as the first Office to carry out the search and examination. STEP 3:The application in the first office is placed in the special status queue for action. STEP 4:The first Office sends the search results and the resulting office action to the other two offices in the Trilateral Dossier Access System (TDA) within an agreed time limit. STEP 5:The second and third Offices complete theirrespective searches within an agreed time limitand send their search results in the TDA to beavailable to all Trilateral Offices.