Possible Unilateral and Trilateral Action from Japanese Perspective

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Possible Unilateral and Trilateral Actionfrom
Japanese Perspective
Colloquium on Pendency Reduction November 18, 2001

• Shinjiro Ono
• Director-General, Appeals Department
• Japan Patent Office

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- Contents -
I. JPOs evaluation on the possible measures of
current PCT reform II. Toward WL reduction among
Trilateral Offices III. Steps for mutual
exploitation IV. Conclusion
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I. JPOs evaluation on the possible measures of
current PCT reform
(1) Elimination of 20-month deadline for
national stage entry (2) Combination of ISR and
IPER (3) Integration of national and
international phases
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ltMeasure 1gt Elimination of 20-month deadline for
national stage entry
The survey report shows that measure1will reduce
IPER requests by Japanese applicants from 67 to
40.
PCT international-phase workload 9 decrease
Only 0.3 decrease in overall JPO workload
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ltMeasure 2gtltMeasure 1gtcombination of ISR and
IPER
PCT international-phase workload 12 decrease
Only 0.4 decrease in overall JPO workload
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ltMeasure 3gt Integration of the national and
international phases

• Examination of an application serving as the
  basis for priority for a PCT application
• Examination processes in the international phase
• Examination of the application after entering the
  national phase

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- Contents -
I. II. Toward WL reduction among Trilateral
Offices III. IV.
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Application flows among Trilateral blocks (2000)
among Trilateral Offices 158,870
Trilateral total 650,804
JPO
24.4 Workload duplication
USPTO
EPO
Sources (JPO) data compiled by the JPO (EPO,
USPTO) preliminary estimates based on regular
exchange of Trilateral statistical data (4/ 2001).
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Practical approach The Trilateral Offices should
mutually exploit search/examination results
obtained in the three Offices to a maximum extent
practicable.
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- Contents -
I. II. III. Steps for mutual exploitation IV.
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Toward the maximized mutual exploitation of
work performed by other Offices

• Study on concrete steps toward mutual
  exploitation
• Improvement of usability of search/examination
  results
• Electronic data exchange of search/examination
  results
• Building of mutual confidence
• Utilization of machine translation system

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lt1gt Study on concrete steps toward mutual
exploitation

• Discussion about details of mutual exploitation
• Mutual exploitation that ensure examination at
  maximum efficiency
• Returning the benefit to applicants by reducing
  associated costs
• To the maximum extent practicable

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lt2gt Improvement of usability of
search/examination results

• Analysis of current status in exploitation of
  search/examination results by offices
• Discussion about measures to improve usability

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lt3gt Paris-route electronic data exchange

• Speeding up of the electronic data exchange
• of search/examination results
• Consideration of unification of formalities and
• contents of data to be exchanged

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lt4gt Building mutual confidence

• Ex.
• Standardized and collective training program
• for search/examination practices
• Promotion of examiner exchange program

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lt5gt Utilization of machine translation system

• Introduction and active use of machine
• translation systems
• (from foreign languages into official languages)

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IV. Conclusions
--- Long-term measures ---

• To institutionalize an arrangement on
• mutual exploitation of international
• search/examination results of the PCT
• international phase

• To institutionalize an arrangement on mutual
• exploitation of national/regional
• search/examination results for the Paris route
• applications

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Thank you