[PIUG List] JP-FIRST

The following is a translation of an announcement made by the JPO on
December 28.

 

The Japanese press release is at
http://www.jpo.go.jp/torikumi/puresu/puresu_jp_first.htm.

 

 

Implementation of accelerated examination of priority basic patent
applications (JP-FIRST)

- Promoting International Work Sharing of Patent Examination -

 

December 2007

Japan Patent Office

 

Starting in April 2008, in order to promote international work sharing of
patent examinations and to assist in the securing of appropriate patent
rights overseas, the Japan Patent Office will implement JP-FIRST* a program
to accelerate the examination of patent applications that are applied from
Japan to overseas and to rapidly provide examination results from the Japan
Patent Office to the world.

*JP-FIRST: JP - Fast Information Release Strategy

 

1. Background

              With the heighten needs for securing global patent rights
accompanying the globalization of the economy, recently there has been a
rapid increase in cases in which the same patent application is filed in the
major national patent offices. As a result, inefficiencies are arising in
which the patent offices are conducting duplicate examinations, and this is
becoming remarkably problematic in influencing the lengthening waits for
examination.

              In order to deal with this problem the major patent offices
(the Trilateral offices of Japan, the United States, and Europe, and others)
have implemented measures for promoting the mutual use of examination
results, for example with the Patent Prosecution Highway. The basic idea is
that the patent office that first receives an application (First Office)
will take the responsibility of conducting a priority examination, and the
results of this examination will be effectively used by the other patent
offices (Second Offices).

              This is very important for promoting efficiency in patent
examination as a global system and has been mutually recognized by the major
patent offices including Europe, the United States, Korea and China. Also,
if one considers the recent increase in the number of foreign applications
in developing countries, this can be considered to be an investment in
further cooperation with developing countries.

[images omitted]

2. Outline of Program

              Starting in April 2008, in order to promote international work
sharing of patent examinations and to assist in the securing of appropriate
patent rights overseas, the Japan Patent Office, in addition to the
currently implemented Patent Prosecution Highway, will implement this
measure for basic patent applications that are filed overseas from Japan
(Paris Priority Applications) and communicate the primary examination
results globally.

              Primary examination results will be communicated globally
using the information networks that have already been established among the
major patent offices and developing countries.

 

The outline of this program is below/

* Patent applications that are basic under Paris Priority will enter
examination before other applications if the request for examination is made
within 2 years after the application date.

* The objective is to start examination, in principle, within 6
months after a request for examination or public disclosure of the
application, whichever is later. A further objective is to avoid starting
examination more than 30 months after filing.

* This applies to applications filed after April 1, 2006

 

The following effects are expected to result from this program.

(1) Support for securing appropriate patent rights in foreign countries

Examiners in the other patent offices will use the examination results from
Japan, so high quality examination can also be expected overseas, and
strong, stable patent rights can be expected.

(2) Lightening of examination loads globally, including Japan

In the long run, by extending work sharing among countries, the examination
loads of all patent offices will be lightened and the examination process
will become more efficient, so the waiting times for examination can be
expected to shorten globally including Japan.

 

* Basic applications that are PCT applications are already handled
under a work sharing system in which international search reports are
communicated, so these are not covered by this program.

* Separate formalities will not be necessary for applicants under
this program. For a basic Paris Priority application, if examination is
requested within 2 years after filing, the Patent Office will assign the
application to this program and start examination.

* The system for accelerated examination can be used even for
applications assigned to this program. In this case, the applicant must
carry out the accelerated examination formalities including submitting a
explanation of the circumstances for accelerated examination

 

3. Schedule going forward

              This program will begin operation starting in April 2008. Use
of this program should be studied as a means for securing appropriate patent
rights abroad and for promoting international work sharing of patent
prosecution.

 

[Updated: December 28, 2007]

 

 

Alan Engel

Paterra, Inc.

5-9-4, Tokodai, Tsukuba

Ibaraki 300-2635 Japan

Email: aengel_at_paterra.com

 

 

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Received on Fri Jan 04 2008 - 05:40:25