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... in 2009, China experienced the highest growth in PCT filings worldwide?

According to provisional statistics issued by the World Intellectual Property Organization (WIPO) on 8 February 2010, China's growth rate in international filings was 29.7% - higher than anywhere else. China has now become the fifth largest PCT user worldwide. Despite the economic crisis, international patent filings in Asian countries continued to rise, Japan being the second largest PCT user (growth rate 3.6%) with Korea in fourth position (growth rate 2.1%).

The complete statistics can be accessed on WIPO's website at: http://www.wipo.int/pressroom/en/articles/2010/article_0003.html#_ftn1

 

... the JPO is asking for comments to planned changes to the "Design Examination Standards"?

The aim of the revision of the "Design Examination Standards" is to clarify the scope of design rights and to build an infrastructure for creative activities of designers. An English summary of the draft version of the "Design Examination Standards" is available on the JPO's website. The public may submit comments in English or Japanese until 28 February 2010.

More information can be found here: http://www.jpo.go.jp/iken_e/e_isyousinsa_kaitei.htm

... patent applications for green technologies can now be given accelerated examination in Japan?

According to the revised Guidelines for Accelerated Examination, as of 1 November 2009 green patent applications can be examined by way of the accelerated granting procedure. For details, please see the revised Guidelines for Accelerated Examination of the JPO, pages 27 to 30 (at present in Japanese only) at: http://www.jpo.go.jp/torikumi/t_torikumi/souki/pdf/v3souki/greensouki_guideline.pdf

Source: http://www.jpo.go.jp/torikumi/t_torikumi/souki/greensouki.htm

... you can follow discussions on changes in Japanese patent law on the JPO's website?

The JPO publishes the minutes of the meetings of the research group on Japanese patent law on its website. The minutes of the latest meeting on 25 August 2009 refer inter alia to the possibility of introducing provisional applications, the postponement of the start of examination of applications in the pharmaceutical field, the JPO's role in improving the quality of applications and the role of third parties in examination. Minutes and lists of participants:http://www.jpo.go.jp/cgi/link.cgi?url=/shiryou/toushin/kenkyukai/tokkyoseidokenkyu.htm (Japanese only)

... the JPO provides an XML converter free of charge?

In 2007, the JPO came to an agreement with the USPTO and EPO on a set of formal standards. In Japan this new common application format (CAF) was introduced on 1 January 2009. To support this new format and to facilitate applications, the JPO has created a HTML-to-XML converter and provides this tool free of charge.

Updated information on CAF and the XML converter:http://www.jpo.go.jp/torikumi_e/kokusai_e/common_format.htm, http://www.jpo.go.jp/torikumi_e/t_torikumi_e/e_meisai_xml.htm

... the JPO has raised its fees for PCT applications?

The JPO has just published a new fee table for PCT applications (applicable as of 1 October 2009). 

Latest fee tables: http://www.jpo.go.jp/tetuzuki/ryoukin/kokuryo.htm (Japanese only)

... the JPO recognises the growing importance of business secrets?

As of 1 September 2009, those applying for a patent term extension can request that their reasons for such an extension are not displayed in file inspections (see also Article 186 of the Japanese Patent Law). 

More: http://www.jpo.go.jp/tetuzuki/t_tokkyo/shutsugan/entyoutouroku_minaoshinituite.htm (Japanese only)

... the JPO now publishes the dates of invalidation proceedings online?

The Japan Patent Office (JPO) began publishing the scheduled trial dates for invalidation proceedings on its official Japanese website in July this year. The dates are available two months in advance.

The trial dates can be checked at the following URL: www.jpo.go.jp/cgi/link.cgi?url=/torikumi/t_torikumi/kousyo.htm (Japanese only)   

… the JPO’s annual report 2009 is now available on their English website?

The report includes the latest statistics of patent filings in Japan. You can download the report of the Japan Patent Office (JPO) at: http://www.jpo.go.jp/index_e/reference_room.html

... Japan has lowered patent fees for private individuals, SMEs and research centres?

As of 22 June 2009, private individuals, SMEs and research centres, e.g. universities, can apply for a waiver of half, or even all of the examination fees. They only have to pay annual renewal fees after three, or in some cases even six, years. These measures were introduced to boost economic activity in Japan. More details can be found here: http://www.jpo.go.jp/cgi/link.cgi?url=/tetuzuki/ryoukin/genmensochi.htm (Japanese only)

... you can monitor the latest statistics for all publications in Japan...

... including those in the pipeline?

The JPO now updates its statistics for all A and B publications fortnightly. You can access these statistics here: http://www.jpo.go.jp/torikumi/kouhou/kouhou2/hakko.htm (Japanese only)

.... the JPO has just published a vision statement?

The JPO has recognised the need for flexibility, a global perspective and user-friendliness. It has therefore drawn up the following vision statement: "To become an organization with enthusiastic people who can flexibly and quickly respond to changes in the IP environment". One of the measures the JPO plans to take to realise this vision is to provide more information in English, so it can also gather public opinion from abroad. More information on the development and realisation of this vision can be found here: http://www.jpo.go.jp/cgi/linke.cgi?url=/shoukai_e/soshiki_e/jpo_vision_e.htm

... Japan plans to revise patent examination standards for medical inventions?

The Japanese government's "IP Strategic Headquarters" has announced plans to revise its patent examination standards for medical inventions involving known drug compounds. From the end of 2009, patent protection for new and inventive dosage regimens and modes of administration will be granted as "product-related inventions", provided that the claimed drug has effects beyond the expectations of a person skilled in the art.  Further information can be found in a report entitled "The current state of patent protection in advanced medicine" at: http://www.ipr.go.jp/index.html (Japanese only).

... from March 2010 the JPO will no longer be accepting applications via ISDN?

From March 2010 the Japan Patent Office (JPO) will only accept applications submitted via the internet. Filing via ISDN will no longer be possible. Further information is available on the JPO's website: http://www.jpo.go.jp/cgi/link.cgi?url=/tetuzuki/t_tokkyo/shutsugan/internet_syutugan_ipponnka.htm (Japanese only).

.... the JPO is currently conducting PPH programmes

with patent offices from five different countries (USPTO, KIPO, UKIPO, GPTO and DKPTO)? For the latest on these programmes and how to participate in them, see: http://www.jpo.go.jp/cgi/linke.cgi?url=/torikumi_e/t_torikumi_e/patent_highway_e.htm On 20 February 2009, one issue discussed at an international roundtable of more than ten countries (among them Japan, Korea and the USA) was the importance of launching further PPH initiatives as well as supporting existing ones. The need to raise public awareness of PPH programmes was also stressed.  More: http://www.jpo.go.jp/cgi/link.cgi?url=/torikumi/kokusai/kokusai2/takokukanhighway-kekka.htm (please scroll down to the end, the first link leads you to an English press release).

 

... as of 1 January 2009, the JPO applies the PCT format for patent applications?

The Japan Patent Office (JPO) has brought its formatting requirement for patent applications into line with that of PCT international applications at WIPO. Accordingly, the claims will now appear at the end of the document, below the description, instead of above. The new application format, which is obligatory for applicants, has been agreed among the Trilateral patent offices (JPO, USPTO and EPO) within the framework of their harmonisation efforts. The aim is to develop a unified manner of processing domestic and international applications, thus making it easier for applicants to file in different countries.

Information on the new format is currently available in Japanese only on the JPO's website at: http://www.jpo.go.jp/tetuzuki/t_tokkyo/shutsugan/kyoutsusyutugan.htm.

... our "East meets West" pages now include useful links to Asian websites?

The new "Links" section on the "East meets West - information exchange on Asian patents" directs you to websites providing background information and reference material in English. The links are tagged under the following terms: patent laws, examination guidelines, fee schedules and annual reports. We will continue adding links to ensure that the new section on "East meets West" remains a useful resource for all your Asian search needs. The new Links section is at: http://eastmeetswest.european-patent-office.org/links

... 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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