1 ip issues from the viewpoint of the jpo ken-ichi morooka the japan patent office fordham ip...
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3 Overview 1. Patent Prosecution Highway (PPH) 2. Amendment of the Japanese Patent Act The PPH scheme Expanding PPH network Number of PPH requests Plurilateral PPH PPH Portal WebsiteTRANSCRIPT
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IP issues from the viewpoint of the JPO
Ken-Ichi MOROOKAThe Japan Patent Office
Fordham IP ConferenceApril 29, 2011
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Overview
1. Patent Prosecution Highway (PPH)
2. Amendment of the Japanese Patent Act
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Overview
1. Patent Prosecution Highway (PPH)
2. Amendment of the Japanese Patent Act
The PPH scheme Expanding PPH network Number of PPH requests Plurilateral PPH PPH Portal Website
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Search /Examination
Allowable
Request for PPHApplication
OFF (Office of First Filing)Application
Paris Route
Accelerated Exam.
A
B
Examination
C
PCT International Phase National/Regional Phase
PCT Application
AllowableWO or IPER
Positive Opinion
PCT Work Products of Trilateral Offices or NBPR
PPH Request to Trilateral Offices or NBPR
PCT-PPHPPH (Paris Route)
Claiming priority to application to Office “A”Request
for PPH
Request for PPH
Accelerated Exam.
Accelerated Exam.
OSF (Office of Second Filing)
The PPH scheme
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Expanding PPH network JPO
(Japan)
SPTO(Spain)
APO(Austria)
ROSPATENT(Russia)
NBPR(Finland)
IPOS(Singapore)
EPO(Europe)
IP Australia( Australia )
DPMA (Germany)
CIPO (Canada)
DKPTO (Denmark)
UKIPO(UK)
KIPO(Korea)
USPTO(USA)
IMPI(Mexico)
As of 4th of April, 2011
: PPH: PCT-PPH
HIPO(Hungary)
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Number of PPH requests
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Plurilateral PPH
Plurilateral PPH Working Level Meeting : Jan. 18-19, Tokyo, Japan
Plurilateral PPH Heads of Office Meeting : Mar. 9, Alexandria, U.S.A.
Main topics
1. Relaxing priority requirements
2. Simplifying / Streamlining filing requirements
3. Providing users information of the different practices between Offices
4. Enhancing user outreach
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PPH Portal Web Site
http://www.jpo.go.jp/ppph-portal/index.htm
Provision of various statistical data
Provision of the PPH guidelines of different countries
Provision of the PPH request forms of different countries
Provision of the pamphlets of PPH of different countries
- Access PPH Portal Web Site for more information -
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Overview
1. Patent Prosecution Highway (PPH)
2. Amendment of the Japanese Patent Act
The PPH scheme Expanding PPH network Number of PPH
requests Plurilateral PPH PPH Portal Website
The aim of the amendment
Points of the amendment
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The Aim of the Amendment
To cope with “Open innovation”.
To deal with the acceleration of innovation, and the short life-cycle of products.
To improve user convenience.
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Points of the Amendment
(1) Increasing user-friendliness
(2) Appropriate protection of inventors in
relation to the results of joint researches etc.
(3) Enhancing protection of license agreements
(4) Revising the trial examination system to
expeditiously and efficiently solve disputes
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Points of the Amendment
(1) Increasing user-friendliness
Extension of the patent fee exemption period from3 to 10 years (for small- and medium-sized Enterprises).
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Points of the Amendment
(1) Increasing user-friendliness (continued)Expanding the mode of disclosure eligible for the grace period.
(Present)Conducting an experiment, Presentations made in a printed publication, Presentations made through electric telecommunication lines,Presentations made in writing at a study meeting held by scientific organizations etc.
(Amended)Disclosures made by the inventor himself / herself regardless of the mode of disclosure.
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Points of the Amendment
(1) Increasing user-friendliness
(2) Appropriate protection of inventors in
relation to the results of joint researches etc.
(3) Enhancing protection of license agreements
(4) Revising the trial examination system to
expeditiously and efficiently solve disputes
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Thank you