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... the new revisions to the Japanese patent law will enter into force on 1 April 2009?

The new revisions, which were already published on 18 April 2008, will be effective from 1 April 2009. A major change is an extension of the time limit for filing an appeal against the decision of refusal from 30 days to three months. Further changes include better protection for the licensee in the case of a non-exclusive licence, especially at the application stage of a patent.

Further details can be found on the Japan Patent Office's webpages at: http://www.jpo.go.jp/cgi/link.cgi?url=/torikumi/kaisei/kaisei2/tokkyo_kaisei_h210401.htm (Japanese only)

... WIPO's PATENTSCOPE provides full-text search in Japanese?

PATENTSCOPE now supports keyword searches in the Japanese descriptions and claims of published PCT international applications which were filed electronically. Users can  search in the full text of Japanese PCT applications published on or after 3 July 2008, and in the titles and the majority of abstracts of Japanese priority PCT applications published from 2004 onwards. Japanese was the filing language of 16% of all PCT applications filed in the past four years. PATENTSCOPE also offers full-text search in French, German, Spanish, Russian and English.

For more information see http://www.wipo.int/patentscope/en/news/pctdb/2008/news_0010.html and http://www.ipmenu.com/news/2008/07/ip-resources-patentscope-update.html

... the JPO and USPTO have agreed on enhanced co-operation?

In a statement signed in Geneva on 24 September, both offices recognised the need for more effective worksharing and agreed to co-operate to the maximum extent possible oninitiatives such as the Patent Prosecution Highway (PPH) and Strategic Handling of Applications for Rapid Examination (SHARE). They also plan to co-operate on examiner exchange programmes, the development of a hybrid classification system and a common search database, utilisation of the PCT system as a global infrastructure, harmonisation of substantive patent laws and improving the quality of patent applications.

For more information see http://www.jpo.go.jp/cgi/linke.cgi?url=/torikumi_e/puresu_e/mou_uspto2008.htm

… the JPO recently granted a patent in just 17 days?

The Japan Patent Office (JPO) launched the "Super Accelerated Examination System" pilot programme on 1 October 2008, aimed at an even faster examination process than the conventional accelerated examination system. The JPO granted the first patent under the new system on 17 October 2008, only 17 days after the request for examination was filed. Under the conventional accelerated examination, it would have taken an average of 2.2 months for the first office action to be issued.

For more information see http://www.jpo.go.jp/cgi/linke.cgi?url=/torikumi_e/hiroba_e/first_patent_granted.htm

... the JPO has issued its draft Business and System Optimisation Plan?

The recent move towards e-government in Japan led the JPO to issue its draft Business and System Optimisation Plan in August for public comment by 5 September 2008. Aiming at creating a "smarter and leaner" search system and reducing operating costs, the plan acknowledges the growing importance of Chinese and Korean patent data and foresees multilingual translation functions for improving access to non-English data. The redesign of the JPO's search systems (including the public services) is expected to be completed in 2013/2014. The draft plan is available at: http://www.jpo.go.jp/cgi/link.cgi?url=/iken/iken_systemsaitekika.htm (Japanese only)

… JPO's Annual Report 2008 is now available In English?

You can download the report of the Japan Patent Office (JPO) at: http://www.jpo.go.jp/shiryou_e/toushin_e/kenkyukai_e/annual_report2008.htm

... the JPO invites public comments on its Draft Business & System Optimisation Plan?

Ever since 1984, the Japan Patent Office (JPO) has been pursuing its "Paperless Office" plan and in 1990 was the first patent office in the world to accept online filings for patent and utility model applications. In the years that followed, the JPO also succeeded in offering fully online processes for design and trade mark applications, as well as appeal proceedings and international applications. The move towards e-government in Japan in more recent years led to the JPO to issue its draft "Business & System Optimisation Plan", this August. The JPO now invites public comments on the draft, which is available on the internet. The plan takes into account the JPO's need to perform speedy and top-quality patent examination as well as the importance of patent information in industry's and academia's research and business strategy planning. In view of the increasing flood of information, the JPO's plan aims at creating a "smarter and leaner" search system as well as reducing operating costs. Quoting WIPO's Patent Report 2007, the plan acknowledges the growing importance of Chinese and Korean patent data and foresees multi-lingual translation functions for improving access to non-English data in order to foster a global approach to patent information.

According to the time schedule published in the draft, the redesign of the JPO's search systems (including the public services) is expected to be completed in 2013/2014.

The JPO's draft "Business & System Optimisation Plan" is available at: http://www.jpo.go.jp/cgi/link.cgi?url=/iken/iken_systemsaitekika.htm (Japanese only)

... the JPO has launched "Community Patent Review"?

On 16 July 2008, the JPO launched a project for public review of patent applications similar to the USPTO's "Peer-to-Patent" system. Entitled "Community Patent Review (CPR)", the JPO's project is currently a pilot, scheduled to run until January 2009, concentrating on patent applications in the information technology field (e.g. computers, software, networks, etc.). More than 150 people had registered as reviewers for Community Patent Review by the end of July 2008.

The JPO's Community Patent Review pilot is available at the following portal: http://www.cprtrial-iip.org/ (Japanese only)

... Japanese PCT documents will soon become full text searchable on PATENTSCOPE?

As of 3 July 2008, the World Intellectual Property Organization's (WIPO) PATENTSCOPE® database will be searchable not only in English, German, French, Spanish and Russian, but will also offer keyword searches in Japanese. The descriptions and claims of PCT applications filed in Japanese and published on or after 3 July 2008 will be searchable with Japanese keywords. For PCT publications from 2004 onwards, the Japanese titles and abstracts will be keyword searchable. For more details, please see: http://www.wipo.int/patentscope/en/news/pctdb/2008/news_0010.html

... the Japan Patent Office (JPO) has reduced its patent and trade mark fees?

A new price structure for patent and trade mark fees was implemented in Japan on 1 June 2008. Patent filing fees have been reduced from 16 000 to 15 000 Yen, foreign language application from 26 000 to 24 000 Yen and national phase PCT applications from 16 000 to 15 000 Yen. The trade mark application fee has also been reduced from 6 000 + 15 000 Yen per classification to 3 400 + 8 600 Yen.  Annual fees for patents and trade marks were also considerably reduced, especially trade mark renewal and registration fees which have now  become much cheaper. Utility model and design fees have remained the same. Find out more about the new schedule of fees in Japan at:http://www.jpo.go.jp/cgi/linke.cgi?url=/tetuzuki_e/ryoukin_e/ryokine.htm 

… the UK is the first European country to join the Patent Prosecution Highway Pilot Program (PPH)?

The Japanese and UK patent offices started accepting requests for PPH participation from applicants in both countries on 1 July 2007. The pilot programme is planned to run for one year. Details can be found at www.jpo.go.jp/cgi/linke.cgi?url=/torikumi_e/puresu_e/press_highway_e.htm

… in Japan, applicants can claim 50% of the examination fees back when withdrawing

 or abandoning an application? Under certain conditions, the JPO will refund half of the examination fees paid by applicants who withdraw or abandon an application and file a request for refund before the examination procedure has started. For details see www.jpo.go.jp/cgi/linke.cgi?url=/tetuzuki_e/ryoukin_e/half_refund_system.htm

... the JPO's IPDL has a new URL?

From January 2007 onwards, the organisation in charge of maintaining the JPO’s Industrial Property Digital Library (IPDL), the "National Center for Industrial Property Information and Training", formerly known by the abbreviation NCIPI has changed to "INPIT". The URL for the JPO’s IPDL has also been changed to reflect the new abbreviation. From 26 March 2007 onwards, the JPO’s IPDL is thus available at: www.ipdl.inpit.go.jp

… the JPO will revise the guidelines for requests of extensions of the period

for responding to a notice of pending rejection? According to the new guidelines, an applicant who is resident in Japan can be granted a one-month extension of the designated period for response, under specific circumstances. Applicants who are not residents of Japan can be granted a maximum extension of three months under specific circumstances. The new guidelines will apply for applications for which a written request for extension of the response period is submitted on or after 1 April 2007. For more information please see: www.jpo.go.jp/cgi/linke.cgi?url=/torikumi_e/t_torikumi_e/Change_Extension_Period.htm

… the JPO’s annual report 2006 (in English) is now available?

The report includes the latest statistics of patent filings in Japan. An interesting trend is the 22% increase in PCT applications filed to the JPO in 2005. This puts Japan second in the world for the third time in a row in terms of numbers of PCT applications received. Another new trend is the 43% increase in utility model applications following an amendment to the Japanese utility model system in April 2005. The full annual report is available at: www.jpo.go.jp/cgi/linke.cgi?url=/shiryou_e/toushin_e/kenkyukai_e/annual_report2006.htm

... patent office officials from Japan, Korea and China met to discuss

harmonisation and mutual recognition of examination results between the three offices? At meetings held at the end of 2006, Japan and Korea agreed to launch a Japan-Korea Patent Prosecution Highway (comparable to the Patent Prosecution Highway between the JPO and the USPTO) on 1 April 2007. Korea and Japan urged China to enable the electronic exchange of priority documents and to provide patent information in English as soon as possible. A “roadmap” was discussed for  boosting co-operation with China with a view to mutual recognition of examination results between the three offices. (Source: MIP; "Asia's patent offices in harmonisation drive" www.managingip.com/default.asp?page=9&PubID=198&SID=668204&ISS=23067&LS=EMS115184).

… the procedures for requesting participation in the Patent Prosecution Highway

(PPH) pilot programme between the JPO and USPTO are now available? By participating in the PPH, an applicant who holds a patent application whose claims have been determined to be allowable/patentable at the JPO can request accelerated examination for the same invention at the USPTO and vice versa. The pilot programme has been in place since July 2006 and will run until July 2007.Further details can be found at: www.jpo.go.jp/cgi/linke.cgi?url=/torikumi_e/t_torikumi_e/highway_pilot_program_e.htm
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