From March 2010 to June 2010, the Korean Patent Office (KIPO) trialled a public review programme for patent applications similar to the "Peer-to-Patent" of the US Patent and Trademark Office (USPTO) and the "Community Patent Review" at the Japan Patent Office (JPO). Engineers and other technical professionals, mainly from high-tech companies or organisations, were invited to register as reviewers and submit their opinion on 50 patent applications in the fields of mobile communication, e-commerce and computers. Information about the project is available on "Teukheono" (Patent Road), KIPO's portal for electronic patent applications (in Korean only).
... 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
... the European Patent Office (EPO) and the Japan Patent Office (JPO) have announced
the start of a PPH pilot programme?
The Patent Prosecution Highway (PPH) pilot programme will allow applicants to get patents faster and more efficiently from both offices, by enabling each to make use of work previously done by the other and thus reduce duplication. The pilot started on 29 January 2010 and will run for a trial period of two years.
For more details about the JPO-EPO PPH pilot programme, see: http://www.epo.org/patents/law/legal-texts/journal/informationEPO/archive/20100125a.html
... a PPH pilot programme between the Trilateral Offices, based on PCT work products,
also started on 29 January 2010?
The Trilateral Offices (Japan Patent Office (JPO), European Patent Office (EPO) and US Patent and Trademark Office (USPTO)) have also launched a new PPH pilot programme, utilising PCT work products. For more details, see: http://www.epo.org/patents/law/legal-texts/journal/informationEPO/archive/20100125b.html
... 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 2008 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 has revised its examination guidelines?
On 21 January 2009, the JPO published a revised version of the "Examination Guidelines for Patents and Utility Models".
An English version of the revised guidelines can be found at www.jpo.go.jp/cgi/linke.cgi?url=/tetuzuki_e/t_tokkyo_e/1312-002_e.htm
... 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.
... 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)
... the world's "Big Five" have announced a new co-operation framework?
The world's "Big Five" intellectual property offices have announced a new co-operation framework. The heads of the EPO, JPO, USPTO, KIPO and SIPO met on 27 and 28 October 2008 in Jeju, Korea with the aim of setting up ten foundation projects for a work-sharing infrastructure.
See http://www.epo.org/about-us/press/releases/archive/2008/20081031.html and
http://www.epo.org/topics/news/2008/20081031.html for more details.
... 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 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
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