Strategic Handling of Applications for Rapid Examination (SHARE)

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Strategic Handling of Applications for Rapid
Examination (SHARE)
United States Patent and Trademark Office
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Background
2006 Cross filing Applications among IP5 Offices
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Background

• The concept of SHARE arose out of the discussions
  among the Trilateral Offices.
• A 2004 study conducted by the Trilateral Offices
  showed, most notably, that for USPTO-JPO/JPO-USPTO
  cross-filings, USPTO produced first action
  results prior to JPO first action in about 90 of
  cases, whereas the JPO produced first action
  results prior to USPTO first action in only about
  10 of cases.
• The study revealed that the timing of the
  availability of OFF search and examination
  results relative to OSF pendency is far from
  optimal, which posed a major obstacle to
  work-sharing.
• Given the high volume of JPO-USPTO filings, this
  disparity represented a significant loss to the
  USPTO in potential efficiency gains.
• Subsequent work has been undertaken to improve
  the situation.

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Improving the Worksharing Environment SHARE

• In SHARE, applications for which an office is the
  office of first filing (OFF) are prioritized in
  the examination queue.
• SHARE is expected to enhance the worksharing
  environment by increasing the volume of
  exploitable work product from the office of first
  filing (OFF).

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SHARE BENEFITS

• Increase examination effectiveness
• Office of second filing can reuse OFF work
  product to the maximum extent practicable
• Decrease overall pendency
• Improve quality
• Reduce redundant work

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Relationship with other Worksharing Mechanisms

• SHARE and PPH are complementary.
• Accelerate the examination in the office of first
  filing
• More OFF work product becomes available for PPH
  in the office of second filing (OSF)

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POSSIBLE ISSUES

• Effect on non-prioritized applications, e.g.
• Patent Term Adjustment?
• De Facto Deferred Examination?
• Forum Shopping?

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KIPO-USPTO SHARE Pilot

• KIPO-USPTO Pilot
• Initiated September 1, 2009
• 400 cases
• Selected in narrow technology (battery, fuel
  cells and semiconductors)
• Manual prioritization and notification of work
  product availability to the offices

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Status of other offices

• The EPOs PACE program sets internal deadlines
  for work product for EP direct filings.
• The JPOs JP-FIRST started in April 2008.
• More information is available at
  http//www.epo.org/patents/law/legal-texts/html/gu
  iapp1/e/ga_aii.htm. and www.jpo.go.jp

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USPTO SHARE Strategy

• Work groups have been created to develop a
  roadmap for 2010 implementation
• Policy/Legal
• Examination/Operations  
• Information Technology

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• Thank you.