For Improvement of IP Infrastructure For Improvement of IP Infrastructure Japan Patent Office

1 A-RI-GA-TO

2 Global Growth in Patent Filings Patent filings are growing in number worldwide. Especially foreign filings are rapidly increasing. Foreign filings by Japanese companies are also increasing. Changes of Patent Filings in the World Source: WIPO Industrial Property Statistics Changes of Patent filings by Japanese Applicants JP 83% year of filings (in thousands) foreign filings national filings (year of filings) foreign filings national filings Overseas 17% US 40 EU 10 CN 5 KR 9 Overseas 34% US 82 EU 23 CN 33 KR 18 (in thousands) JP 66% 35% 40% 42% 44%

3 Effects of Increase in Patent Filings on Examination As the number of patent filings are globally increasing, examination burden at IPOs is increased. Shortening the pendency period is the common issue for IP offices to deal with. Total pendency FA pendency JP EP JP EP US Changes in pendency Source: Trilateral Statistical Report, Four Office Statistical Report

4 Enhancing patent examination quality for stable patent protection. Enhancing the PPH for the environment where applicants acquire patents smoothly in foreign countries. As the PPH developed, the Offices recognize the importance of Patent Harmonization. Discussion on harmonization started in the IP5 framework. Goal Mid term goal Harmonization of Patent System Realization of an International Patent Network Moving forward the discussions on Patent Law/Practice Harmonization Trilateral & IP5 Accelerate discussions on Harmonization WIPO Other fora Granting stable rights that will be valid worldwide Development of foreign patent document search system Establishment of a Common Classification Examination system which responds to globalization PCT 144 Countries Acceleration of an International Patent Network Enhancing cooperation with Asian countries PPH 21 Countries/Orgs Mutual understanding on patent systems and practices Patent Strategy of Japan Patent Office (1) (4) (3) (2)

5 Expanding PPH Network JPO and SIPO have commenced a PPH pre-pilot program in May, 2011 PPH PCT-PPH PPH MOTTAINAI May 2011 SIPO As of 1st of September, 2011

6 Patent Harmonization & IP5 Momentum of Patent Harmonization Progress in the Patent Reform Act in the U.S. which includes First to File system. Through the PPH. Recognize the necessity of patent law and practice harmonization. At the 4 th Head meeting of IP5 in Tokyo, Japan, Discussions on Patent Harmonization within the IP5 framework for the first time. The IP5 had been forwarding efforts including examination cooperation and improvement of IT infrastructure in the sense of worksharing......, Patent filing & IP5 Among the applications worldwide (1.9 Million), 80% are filed among the Five Offices (Japan, US, EPO, China, Korea).

7 The 4th IP5 Heads of Office meeting Photo From the left, President Battistelli (EPO), Commissioner Lee (Republic of Korea), Commissioner Iwai (JPO), Minister Kaieda (METI), Deputy Under Secretary Rea (USPTO), Commissioner Tian (SIPO), Director General Gurry (WIPO) The Heads of Office Reaffirmed the importance of technical and substantive patent law harmonization and emphasized the necessity of making it clear that it does not limit the freedom of each country to determine whether or not to grant a patent to each claimed invention: Agreed to participate in harmonization talks at various international fora including IP5: Agreed on conducting a study, making the most of existing works to provide a base for such harmonization discussions. Results of the meeting

8 Mutual understanding on Patent Systems and Practices is beneficial for Patent Harmonization Mutual understanding can be facilitated International Patent Network Expansion of Examiner Exchange JPOs experience on examiner exchanging programs As of the end of August, 2011 KIPO USPTO EPO dispatch 236 accept 185 SIPO Trilateral Examiner Exchange dispatch 28 accept 12 respectively from EPO and USPTO dispatch 7 accept 8 dispatch 23 accept 20 DPMA (Germany) dispatch 28 accept 25 UKIPO (England) dispatch 8 accept 5 CIPO (Canada) dispatch 2 DKPTO (Denmark) accept 1 IP Australia accept 2 IP5 Workshop (from 2009) dispatch 6 Harmony Visit (classification) dispatch 69 accept 8 from EPO, 3 from USPTO JPO ROSPATENT (Russia) dispatch 4 accept 3 CGPDTM (India) dispatch 2 PRV (Sweden) dispatch 3 accept 2 TIPO (Taiwan) dispatch 4

9 A-RI-GA-TO Thank you A-RI-GA-TO