Topics 1. Overview of the Japan Patent Office () 2. IP System in Japan 3. Statistics 4. Activities 5. IP Cooperation between SIPO and Industrial Property Rights (Jurisdictions of Japan Patent Office) Rights of Intellectual Creations Invention Patent Utility Model Design - Protection of highly advanced creation of technical ideas -20 years from the filing date - Protection of creation of technical ideas -10 years from the filing date - Protection of a shape, pattern or color or any combination -20years from the registration date Right ights of Signs Trademark - Protection of characters, figures, signs, three-dimensional shapes or any combination - 10 years from the registration date (renewable) 2 4 Inaugural China-International IP Forum June 30, 2010 IP System in Japan - The Basics Hisanori Ebisuda Director General Third Patent Examination Department Japan Patent Office Location : Tokyo Staff : 2,903 in total 1,904 Examiners 1,703 Patent Examiners 52 Design Examiners 149 Trademark Examiners 387 Appeal Examiners Budget : JPY 119 billion (Approx. RMB 9 billion) in 2010 3
Not submitted Utility Model China Japan Substantive Examination Duration of Utility Model Rights Time Periods to Grant of Right Total Expenses for 3 years from registration 10 years from the filing date About 5.8 month from the filing date RMB1,100 10 years from the filing date About 2-3 month from the filing date 20,300 yen 1claim (Approx. RMB1,400) Exercise of Rights Evaluation report not required. Court can ask for the submission. Must be after presenting the report of technical opinion 6 8 18 months No request for examination Only in the case of conducting 2nd (or farther) examination Invention Patent China Japan Request for Examination Exception to Lack of Novelty (Grace Period) Disclosure of Information on Prior Art Document Extension of Patent Period Voluntary Amendment Necessity of continuation of the initial application for 2nd divisional applications Within 3 years from the priority date Exhibition Prescribed Meeting Disclosure without the consent of the applicant The time of request for examination Request for examination Within 3 months from the notice of entering substantive examination Necessary Within 3 years from filing date (Added to the exceptions in China) Publication (Including internet information) Technical test The time of filing Period for the approval of medicines etc. Not to exceed 5years Anytime before receiving a notice of the reasons for refusal Not necessary 5 7
(applications) 9 (applications) (applications) 10 N/A (Thousands) 400 300 200 100 0 Requests for Examination Backlogs First Action First Action pendency period 2002 2003 2004 2005 2006 2007 2008 2009 (Thousands) 900 1000 800 700 600 11 500 400 300 200 100 0 (Months) 2002 2003 2004 20052006 20072008 2009 2013 30 25 20 15 10 5 0 Goal : FA pendency period of 11 months in 2013 12
Paris Route OFF (Office of First Filing) OSF (Office of Second Filing) Search/ Examination Allowable Request for PPH Accelerated Exam. PCT Route International Phase National/Regional Phase PCT Work Products A Examination Allowable PCT WO or IPER B Request for PPH Accelerated Exam. Positive Opinion Accelerated Request Exam. C for PPH 14 Cooperation on Examination Examiner Exchange Program Study of PPH Comparative Study on Examination Practice Cooperation for 32 years SIPO Cooperation on Automation CAF (Common Format) Priority Document Exchange Dossier Access System CAF? 16 Any invention patent application satisfying one of the following conditions is eligible for accelerated examination for free of charge! A) Existence of a corresponding foreign application B) Commercialization of the invention in Japan C) An individual or SME-related applications D) Green technology related applications FA pendency period: 29 months 2 months (avg.) (From the request for Accelerated Exam. ) If both A) and B) are satisfied, the application is eligible for Super Accelerated Examination. (A pilot project was started in Oct. 2008.) FA pendency period - Only 25 days (avg.) (From the request for Super Accelerated Exam. ) 13 ROSPATENT (Russia) APO (Austria) DKPTO (Denmark) CIPO (Canada) NBPR (Finland) KIPO UKIPO USPTO EPO IPOS (Singapore) IP Australia HPO (Hungary) GPTO (Germany) Coming soon Merits of PPH Speed Cost Quality 15
Japan Patent Office http://www.jpo.go.jp p g jp Patent Act http://www.japaneselawtranslation.go.jp/law/detail/?id=42&vm=02 Examination Guidelines for Patent and Utility Model http://www.jpo.go.jp/tetuzuki_e/t_tokkyo_e/1312-002_e.htm Introduction to Design Rights (Video) http://www.jpo.go.jp/seido_e/syoukai_video.htm FAQs http://www.jpo.go.jp/index_e/faqs.htm Japanese Industrial Property System http://www.jpo.go.jp/toiawase_e/contact.htm Industrial Property Digital Library (IPDL) http://www.ipdl.inpit.go.jp/homepg_e.ipdl Design Formality Examination Substantive Examination Notice of Reasons for Refusal Registration Written Opinion / Amendment Publication of Design Gazette Decision of Refusal Appeal Examination Intellectual Property High Court The Supreme Court 18 20 17
China Japan Design Substantive Examination Duration of Design Rights Brief description of Design (Search report system) 10 years from the filing date Obligatory Available 20 years from the registration date Not Obligatory Trademark Multi ulti-class (Single-class application) Available 22 Trademark Publication of Unexamined Formality Examination Substantive Examination Notice of Reasons for Refusal Registration Written Opinion / Amendment Publication of Trademark Gazette Decision of Refusal Opposition to Grant of Trademark Registration Appeal Examination Decision to Maintain the Registration Decision to Revoke Intellectual Property High Court The Supreme Court 21