Insights/Perspectives From Japan Intellectual Property Association On A Sustainable Patent System - Development of the PCT-

Transcription

1 Insights/Perspectives From Japan Intellectual Property Association On A Sustainable Patent System - Development of the PCT- November 13, 2008 Japan Intellectual Property Association Basic demand of Japanese Users Patent Cost Cost reduction for patent application Quality of Examination High quality and Same quality among the patent offices Demand Timeliness of Patent Issue Same Timing among the patent offices 1

2 Basic concept for harmonization Achieving patent protection in an extensive geographical area at low cost and minimal labor JIPA Same Format Same Search Same Examination Same Patent 4 same Achievements 2 Step by step approach for harmonization Step by Step First step is Same Format Step 2 Step 3 Same examination Final system Same Patent Achieving a global patent system Step 1 Achieving a same format same search result Machine translation Sharing of examination data One One Search 3

3 30000 Increasing Popularity of PCT filings Number of PCT applications from Japan Number of PCT Increased, According to the Globalization of Business 4 Harmonization and PCT PCT is the Treaty for Unified Procedure, realizing the Harmonization. PCT provides Unified Procedure for Patent Filing. A Single Filing of PCT is treated as a Bunch of s in Multiple Counties on the International Filing Date. Increased use of PCT, as a result of Automatic Designation of All Contracting Countries introduced in Patent Law Treaty (PLT) also adopted form or contents of the PCT application. (PLT was adopted in 2000 and enacted in 2005.) PCT acts as the Infrastructure of Global Patent Filing. PCT should be the basis for the Harmonization Effort in the format and procedure of patent filing. 5

4 Harmonizing the System in conformity with PCT Important Items which should be in conformity with PCT Format Common Format based on PCT. Electronic Filing Electronic Filing Infrastructure Seamlessly connecting International to the National. Unity of Invention Same Unity Standard for both Paris and PCT routes. Search Same Format of Search Results, Same Search Approach for International & National Search. 6 Common Format and PCT Concept: Introduce the system to allow applicants to file a Single in a Single Format, and it will be acceptable to all countries without further changing formalities Precondition: The same application format for both Paris and PCT route. 7

5 Common Format PCT Route International No Format Change National Office of First Filing Office of Second Filing (OFF) (OSF) Paris Route No Format Change Same Format for any filing Routes and s Reduce duplicate efforts by Applicants and Patent Offices 8 Electronic Filing Infrastructure Applicant International Phase RO/ISA/IPEA/IB RO National phase entry DO DO/JP,US,EP RO Forms PCT s Online-filing (RO/JP) ISR ISO other ISA Forms ISA National Form Paper (JP) Translation (US,EP) IPEA Other DOs Electronic documents Mailed documents ed & mailed documents Demand IB Forms (partial) Written Opinion IB IB Forms Forms (partial) IB IPRP Chapter Ⅱ Amendment Art. 19 Publication Translation Electronically Connecting International to National Seamlessly Maximize the merit of Common Format 9

6 Unity of Invention PCT Route International National Same Unity Standard PCT Art.27 Paris Route OFF OSF Different Unity Standard Divisional Additional Effort and Costs Same Unity Standard for any Filing Routes Maximize the merit of Common Format 10 Step by step approach for harmonization Step by Step Second step is Same Search Step 2 Step 3 Same examination Final system Same Patent Achieving a global patent system Step 1 Achieving a same format same search result Machine translation Sharing of examination data One One Search 11

7 Direction of Efforts for Same Search Making the following efforts step by step Achieving effective and efficient use of other Trilateral Offices search results Common (Shared) Search Strategies Common Search Database Common Search Engine Mutual exploitation of search results considered on PCT ISR and PPH 12 Uniform Format for Search Results JP US EP PCT Notice of Rejection Office Action EP Search Report ISR Lack of Uniformity in descriptive formats of Search Results Less utility of Search Result among Offices Uniform Search Format JP US EP PCT Notice of Rejection Office Action EP Search Report ISR Common Format for Search Results Adopting Common Format for Search Results Enhance the mutual utilization of Search Results among Offices. 13

8 Improving the Quality of International Search PCT Route International ISR National National Search Utilize ISR Reduce Duplicate Search OFF OSF Paris Route OFF Search OSF Search Utilize OFF Search Reduce Duplicate Search Precondition: Quality search regardless of the filing route. Importance of Improving the Search Quality of ISR and OFF. 14 Expectations to Trilateral Cooperation Introduction of same format to reduce patent cost as soon as possible Realization of exploitation of search/examination results to obtain high and same quality patent at same timing Leadership at Harmonization on substantive patent law to realize global patent system 15

9 Thank you for your attention.