IP Menu News - The Latest Intellectual Property Resource News

17 November 2008

Japan overhauls patent application system

For several years, the Japanese government has been implementing measures to address long processing times and long backlogs of patent applications. A number of reforms were put in place including the recruitment of considerable number of new examiners and the outsourcing of certain aspects of the examination process. The new system has only recently started to process applications and expects to process patents in just over 2 months. IPworld reports that the first patent was granted 17 days after the filing date.

View a detailed account of the recent developments of the Japanese Patent Office at Thomson Reuters.

Labels: ,

3 January 2008

US & Japan - trial of New Route for obtaining patents in foreign countries

The Japan Patent Office (JPO) has announced that in conjunction with the United States Patent and Trademark Office (USPTO) the "New Route" for obtaining patents abroad will be trialed in a pilot project. The "New Route" project will allow the examination results from the first filing of a patent application to be utilised by foreign Patent Offices when subsequent applications are filed.

The New Route will deal with applications filed through the Direct Application Route (Paris Route). "Under the New Route, a patent application filed with the Office of First Filing (OFF) will be regarded as being filed on the same date as the filing date in the Office of Second Filing (OSF). The search/examination results obtained in the OFF will be transmitted to the OSF within a certain period of time. At the same time, the New Route gives an applicant sufficient time (30 months from the filing (priority) date) to think over whether or not his/her application should undergo an examination in the OSF based on the search/results issued by the OFF."

"The New Route reduces the examination workload and increases the examination quality by providing for the mutual utilization of search/examination results on a full scale for Paris-Route applications, while giving an applicant more time to make a decision about whether to file overseas and the payment of accompanying costs."

As the New Route would require changes in the law in the US and in Japan, the pilot project will simply test the concept using the existing framework under the existing laws. In order to get the results of the pilot in a limited period of time, the applications for the pilot will be examined expeditiously at the OSF.

The trial will begin on 28 January 2008 and will finish when either 50 applications have been processed or 28 January 2009, whichever occurs first.

Sources and for further information

Japan Patent Office news - Analogous New Route Pilot Project between the JPO and the USPTO

Japan Patent Office - Outline of the New Route Proposal for Applications Abroad

Labels: , ,

US & Japan - Patent Prosecution Highway to continue on full-time basis

On 21 December 2007 the United States Patent and Trademark Office (USPTO) and the Japan Patent Office (JPO) announced that the Patent Prosecution Highway (PPH) will be implemented on a full time basis from 4 January 2007. As discussed in previous IP Menu news articles, the pilot study of the PPH, which has been running for the last 18 months, was scheduled to end today.

"Under the PPH, an applicant receiving a ruling from either the JPO or the USPTO that at least one claim in an application is patentable may request that the other office fast track the examination of corresponding claims in corresponding applications. By basing the prosecution in the second office on patentable results from the first office, applicants can expect to obtain patents in both offices faster."

The requirements for participation in the USPTO-JPO PPH at the USPTO are being updated and will soon be made available here. The requirements for participation at the JPO can be found here.

Source & further information

USPTO Press Release - USPTO and JPO to Implement Patent Prosecution Highway on Full-Time Basis

USPTO website - Requirements participation in the USPTO-JPO PPH at the USPTO

JPO website - The requirements for participation in the USPTO-JPO PPH at the JPO

Labels: , ,