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1 The Backlog Issue and the JPO's Effort Koichi Minami Deputy Commissioner Japan Patent Office.

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Presentation on theme: "1 The Backlog Issue and the JPO's Effort Koichi Minami Deputy Commissioner Japan Patent Office."— Presentation transcript:

1 1 The Backlog Issue and the JPO's Effort Koichi Minami Deputy Commissioner Japan Patent Office

2 2 Temporary Increase in Examination Requests Number of requests for examination Filings with Examination Request Period 3 years Filings with Examination Request Period 3 years 3 years 7 years Oct. 2001 Oct. 2004 Oct. 2008 Filings with Examination Request Period 7 years A temporary increase in the examination requests Filings with Examination Request Period 7 years (thousands) (CY) *Provisional figures for 2009 * 0.0 50.0 100.0 150.0 200.0 250.0 300.0 350.0 400.0 450.0 97989900010203040506070809

3 3 Number of Backlog and First Action Pendency (thousands) ( months )

4 4 Effective R&D with an Early First Office Action If yes, the applicant could focus his resources and efforts to market his invention. If not, the applicant could save time and effort by using his resources for R&D of a different invention, rather than continuing R&D of an invention which would not be protected by patents. Effective feedback on R&D saves resource A first office action at an early timing could give applicants a better view to whether his invention could be protected by patents or not.

5 5 IN: (1) Campaign to change applicant behavior –High-level meetings with corporate executives Careful selection of applications to request examination Encouragement of further global applications Over hundred meetings in the fiscal year 2008 (2) Fee structure –Half refund system of the examination request fee Refunds for abandonments/withdrawals before first office action Tentative one-year full refund system for public recognition Approx. 2000 abandonments/withdrawals per month at present Tackling the Backlog (1)

6 6 OUT: (1) Increasing examiners –In total, 490 fixed-term(5 years x 2) examiners hired since 04 until 08 (2) Outsourcing search –237 thousand searches (predicted) for FY2009 (65% of all searches for non-PCT applications) (3) Work sharing –Patent Prosecution Highway (PPH) programs with 12 Offices –Trilateral PCT-PPH pilot Tackling the Backlog (2)

7 7 Final Target: First action pendency at 11months in 2013 Tackling the Backlog (3) Number of first actions (CY) Number of Backlog and First Action Pendency *Provisional figures for 2009 (thousands) (months) (CY) … 0 100 200 300 400 500 600 700 800 900 1000 00010203040506070809*13 10.0 15.0 20.0 25.0 30.0 35.0 BacklogFirst action pendency 100.0 150.0 200.0 250.0 300.0 350.0 400.0 00010203040506070809* *Provisional figures for 2009

8 8 Thank You!

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