Japan’s activities for achieving the world’s fastest and highest quality examination system Atsushi Kimura Assistant Director International Cooperation Division Japan Patent Office (JPO)

Two Priorities at the JPO 1. Speedy and High Quality Examination In responding to rapid changes in market economy, the JPO is focusing on promptly granting the highest quality patent rights that are globally reliable. 2. Globalization of IP System With economic activities becoming more and more globalized, the JPO will promote further globalization of the IP system, in order to support the smooth acquisition of IP rights globally by users. 1

2 1. Request for Examination 2. First Action 3. Granting Patent Rights Total Pendency* FY months or less FY months TARGET FY months FY months JPO achieved Key Components of Quality Management *“Total Pendency” does not include cases when the JPO requests applicants to respond to second notices of reasons for refusal and the like. Fastest examination Quality Assurance Quality Verification FA Pendency Toward the World’s Fastest and Highest Quality Examination System Highest Quality Examination External Evaluation of the QMS

3 The World Fastest Examination FA Pendency (month)Total Pendency(month) JPO USPTO EPO SIPO KIPO FA Pendency and Total Pendency (FY 2014 average)

Increase the Number of Patent Examiners Speedy and High Quality Examination The JPO hired fixed-term patent examiners who are experts in various technological and IP fields. Number of Patent Examiners Average FA Pendency 4

examine r searcher Outsourcing of Prior-art Searches Examination without outsourcing Examination with outsourcing Understanding of prior art （ 10% ） Understanding of the application （ 40% ） Search （ 30% ） Evaluation of patentability Drafting first office action （ 20% ） examiner Reduction of workload by 50% Application and prior art are explained by searcher Searchers of registered search organizations conduct preliminary searches, compile search reports and explain the results to examiners face to face. Understanding of prior art Understanding of the application Search Evaluation of patentability Drafting first office action （ 10% ） （ 20% ） -20% -30% 5 Speedy and High Quality Examination

6 Filed in paper Formality examination in paper Notices sent in paper Computerization in JPO Online IT supported formality examination IT supported substantive examination Online Substantive examination in paper JPO Applicant File Notice Applicant Outline of JPO Systems

7 e-filing ratio and its changes at the JPO Reception system and data entry Outline of JPO Systems

Merit for Dossier sharing (1) Reduce workload in examination at IPOs (2) Give IP rights quickly and properly Provision of JPO’s search/examination results (Dossier information) 8 Korea JAPAN United States China EPO WIPO-CASE One Portal Dossier IP5’s Dossier sharing system WIPO’s Dossier sharing system JapaneseEnglish Machine translation JPO exchanges its dossier information with IP5 Offices via One Portal Dossier System. WIPO-CASE participants can refer to JPO’s dossier information via WIPO-CASE in addition to that of AU, CA, GB and IL etc. 68 IPOs around the world can refer to JPO’s dossier information via AIPN. AIPN JPO’s Dossier Provision Service 24 countries/organization as of June Development of Dossier Sharing Systems

9 The number of Patent Applications by Non-Resident is on the increase with the progress of business globalization. Duplicate work among individual patent offices is also on the rise. Growing Demand for Work Sharing Number of Patent Applications Filed in the World Growing Demand for Work Sharing *Source: WIPO Industrial Property Statistics Number of Applications (Unit : hundred thousand) Year Applications by ResidentApplications by Non-resident The number of applications filed in multiple offices is increasing. an application Search Examine Search Examine Duplicate Work..

10 Work-sharing in patent examination is the utilization of search & examination results made by the Office of Earlier Examination. Work Sharing Case Refer to the search & examination results an application Search Examine In this way, it becomes possible to ease the burden at examination. Growing Demand for Work Sharing

11 Key Components for Quality Management Quality Assurance ：  Approval (Quality Check by the Director)  Consultation (Opinion-sharing and Knowledge-sharing among Examiners)  Standardized Notification Form Quality Verification ：  Quality Audit ／ Partial Audit  User Satisfaction Survey  Discrepancy Analysis among IP Offices External Evaluation on Quality Management  Evaluation / Recommendation by the Subcommittee on Examination Quality Management Sustainment and Enhancement of Examination Quality Understanding Examination Quality

12 Quality Assurance ［ Standardized Notification Form ］ Using a standardized notification form when issuing various notifications such as notifications of reasons for refusal, makes it easier for users to understand. (Japanese version only) Applicant /Representative （ After April 2015 ） After Standardization Before Standardization Examiner A Examiner B Examiner Z Examiner A Examiner B Examiner Z Applicant /Representative

Quality Verification [Discrepancy Analysis] Based on the JPO’s examination standards, the JPO analyzes the factors causing discrepancies in examination results on PCT applications between the JPO and other IP offices, for which the JPO prepared ISRs; and on PPH applications in regard to which the JPO served as the OEE. ISR Decision JPO 後続庁 （ OLE ） Have any cited documents been added? Are cited documents able to deny novelty/inventive step based on the JPO’s examination standards? What are the reasons for omissions of cited documents? Feedback to the examination divisions and examiners in charge YES 13 Notice of reasons for refusal Decision to grant patents Cited only A documents Notice of reasons for refusal Other Office = Office of Later Examination (OLE) Office of Earlier Examination (OEE) International Search Authority (ISA) Other Office = Designated Office (DO) *PPH: Patent Prosecution Highway

External Evaluation on Quality Management [Subcommittee on Examination Quality Management] The JPO established a “Subcommittee on Examination Quality Management” in 2014, which consists of external experts such as business and academic experts, in order to obtain objective evaluations and recommendations on its systems for, and its current state of quality management on patent examination. Receiving objective feedback from such experts, and then reflecting this feedback into its quality management system, enables the JPO to develop its quality management system so as to achieve patent examination that is the utmost quality in the world. The Subcommittee released the report “Aiming For Enhanced Examination Quality Management (FY 2014)” in April

СПАСИБО Thank you Tel: (Direct) Fax: