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For Improvement of IP Infrastructure Japan Patent Office. “A-RI-GA-TO”. Global Growth in Patent Filings. Patent filings are growing in number worldwide. Especially foreign filings are rapidly increasing. Foreign filings by Japanese companies are also increasing.
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Global Growth in Patent Filings Patent filings are growing in number worldwide. Especially foreign filings are rapidly increasing. Foreign filings by Japanese companies are also increasing. Changes of Patent filings by Japanese Applicants Changes of Patent Filings in the World Overseas 17% US 40 EU 10 CN 5 KR 9 Overseas 34% US 82 EU 23 CN 33 KR 18 (in thousands) (in thousands) 2000 600 foreign filings 1800 foreign filings national filings 500 44% national filings 1600 172 1400 42% 400 71 40% 1200 35% 1000 300 800 200 JP 83% JP 66% 600 334 330 400 100 200 0 0 1995 2000 2004 2008 1995 2008 (year of filings) (year of filings) Source: WIPO Industrial Property Statistics
(months) 46.9 45.3 43.9 45 41.7 40.6 35.3 33.9 35 32.4 31.8 31.8 34.8 33.5 32 29.1 31.3 28.5 30.6 26.7 25.8 25.6 25.9 25 26.1 25.7 24.9 23.8 23.4 22.8 21.8 20.2 19 15 2005 2006 2007 2008 2009 Effects of Increase in Patent Filings on Examination As the number of patent filings are globally increasing, examination burden at IPOs is increased. Shortening the pendency period is the common issue for IP offices to deal with. Changes in pendency Total pendency EP JP US FA pendency EP JP Source: Trilateral Statistical Report, Four Office Statistical Report US
(2) (4) (1) (3) Patent Strategy of Japan Patent Office Enhancing patent examination quality for stable patent protection. Enhancing the PPH for the environment where applicants acquire patents smoothly in foreign countries. As the PPH developed, the Offices recognize the importance of Patent Harmonization. Discussion on harmonization started in the IP5 framework. Goal Harmonization of Patent System Realization of an International Patent Network Moving forward the discussions on Patent Law/Practice Harmonization Mid term goal PPH21 Countries/Orgs WIPOOther fora PCT144 Countries Trilateral&IP5 Accelerate discussions on Harmonization Acceleration of an International Patent Network Mutual understanding on patent systems and practices Enhancing cooperation with Asian countries Granting stable rights that will be valid worldwide Development of foreign patent document search system Establishment of a Common Classification Examination system which responds to globalization
: PPH : PCT-PPH : PPHMOTTAINAI Expanding PPH Network As of 1st of September, 2011 May 2011 SIPO JPO and SIPO have commenced a PPH pre-pilot program in May, 2011
Patent Harmonization & IP5 Momentum of Patent Harmonization Patent filing & IP5 Among the applications worldwide (1.9 Million), 80% are filed among the Five Offices (Japan, US, EPO, China, Korea). Progress in the Patent Reform Act in the U.S. which includes First to File system. Through the PPH. Recognize the necessity of patent law and practice harmonization. The IP5 had been forwarding efforts including examination cooperation and improvement of IT infrastructure in the sense of worksharing......, At the 4th Head meeting of IP5 in Tokyo, Japan, Discussions on Patent Harmonization within the IP5 framework for the first time.
The 4th IP5 Heads of Office meeting (Photo) From the left, President Battistelli (EPO), Commissioner Lee (Republic of Korea), Commissioner Iwai (JPO), Minister Kaieda (METI), Deputy Under Secretary Rea (USPTO), Commissioner Tian (SIPO), Director General Gurry (WIPO) Results of the meeting • The Heads of Office • Reaffirmed the importance of technical and substantive patent law harmonization and emphasized the necessity of making it clear that it does not limit the freedom of each country to determine whether or not to grant a patent to each claimed invention: • Agreed to participate in harmonization talks at various international fora including IP5: • Agreed on conducting a study, making the most of existing works to provide a base for such harmonization discussions.
UKIPO (England) JPO’s experience on examiner exchanging programs Expansion of Examiner Exchange Mutual understanding on Patent Systems and Practices is beneficial for Patent Harmonization Mutual understanding can be facilitated International Patent Network dispatch 23 accept 20 dispatch 28 accept 25 KIPO DPMA (Germany) dispatch 236 accept 185 dispatch 8 accept 5 EPO IP5 Workshop (from 2009) dispatch 6 CIPO (Canada) dispatch 2 dispatch 3 accept 2 Trilateral Examiner Exchange dispatch 28 accept 12 respectively from EPO and USPTO PRV (Sweden) JPO TIPO (Taiwan) dispatch 4 Harmony Visit (classification) dispatch 69 accept 8 from EPO, 3 from USPTO CGPDTM (India) dispatch 2 ROSPATENT (Russia) dispatch 4 accept 3 USPTO DKPTO (Denmark) accept 1 dispatch 7 accept 8 SIPO IP Australia accept 2 As of the end of August, 2011
“A-RI-GA-TO” Thank you A-RI-GA-TO