Ajinomoto Case (Industry-University Cooperation)

Suitable Measures for Innovation
September, 2014
0
Toyota Case (Patent Assignment)
Company’s Roots
Entry into a New Business Area
Patent
Assignment
Sakichi
Toyoda
Factory
Automatic
Loom
Today
in 1924
in 1929
Expansion
of
Business
Capital: $3.7 billion
Annual sales: $210 billion
Source: http://www.toyota-global.com/
1
Panasonic Case (Creation and Protection)
Company’s Roots
Kounosuke
Matsushita
The first product
Workplace
in 1918
Gradually
expanded
operations
The company started by making minor
improvements to wiring equipment ・・・
Today
Capital: $2.4 billion
Annual sales: $70 billion
Source: http://panasonic.net/
2
Ajinomoto Case (Industry-University Cooperation)
We don’t know how to
apply our research
results …

Fill the gaps in each other’s weak areas
We lack R&D
capabilities …
Company
commercialize
s university’s
research
results
“Umami” seasoning
by Prof. Kikunae Ikeda
(Tokyo University)
Commercialize
inventions!
in 1907
Expand our
business using
the new product!
3
Changes in Business Environment (Globalization)
Acceleration of Innovation along with the Growth of GDP
(Number of Patent
Applications)
500,000
Number of Patent Applications
450,000
Gross Domestic Product
400,000
350,000
Changes in No. of PCT applns. filed in Japan
（No. of Applns.)
50,000
(billion dollars)
6,000
600,000
5,000
500,000
40,000
4,000
400,000
300,000
250,000
3,000
300,000
30,000
200,000
2,000
200,000
150,000
20,000
100,000
2006
1,000
100,000
50,000
0
0
(year)
Business expansion overseas
Increase in the number of patent applications
filed overseas
2008
2009
2010
2011
2012
2013
Global Application Rate of Japanese, U.S. and
European Applicants
(%)
55
50
47
45
40
43
47
48
45
46
46
46
52
47
53
47
52
47
35
30
25
Global application rate means the number of applications filed both at
one's own country and at other countries, divided by the total number of
applications filed at one's own country.
2007
22
23
24
23
25
27
30
20
2005 2006 2007 2008 2009 2010 2011
Japan
U.S.A.
Europe
4
Trends in Technical trade balance of Japan
A surplus in the technical trade balance of Japan has increased because of Japan’s
technological advantages.
It is more than 20 billion dollars annually.
Billion dollars
3,000
30
Amount of export
2,500
25
Amount of import
balance
2,000
20
1,500
15
1,000
10
500
5
00
1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012
FY
Source: Created based on Science and
Technology Research Report
5
Acceleration of Global Innovation Cycle
It is necessary to strategically “utilize” intellectual property in global markets.
Japan accelerates the global innovation cycle by returning profits, which are generated
from utilizing IP, to the country and by reinvesting the profits in further innovation.
Promotion of Innovation
in Japan
②IP utilization through licensing
Speedy international development of emerging
industries and acquisition of license income are
possible by conducting strategic licensing activities.
③Aggressive exertion of rights against
infringements
Expansion of
Technological Trade
Surplus
Strategic
IP Utilization
Acquisition of IP rights by taking into consideration business
development / Protection by creating relevant know-how
Global Development
of Businesses
①Granting IP rights / Creating relevant
know-how
Reinvestment in R&D
Exerting rights against infringements is necessary in order
to (1) prevent the market share of genuine articles from
falling and (2) obtain appropriate license income.
6
Intellectual Property Policy

Based on the strategies approved by the Japanese cabinet, and the needs of Japanese companies, Japan is set to establish the best
“IP-based nation” in the world. The first major issue is to substantiate the strategies and “implement” the specific details.
『Japan Revitalization Strategy Revised in 2014 -Japan’s challenge for the future - 』
Cabinet decision June
24th 2014
Key Policy Measures in the Revised Strategy
(Realizing a national system of innovation and the world’s most excellent intellectual property-based nation)
…We will continuously try to make Japan the world’s most excellent intellectual property-based nation by
appropriately addressing the current situation in which international disputes over intellectual property
including trade secrets and competition for acquisition of international standards are growing fiercer in line
with the globalization of corporate operations and the deepening of open innovation.
Cabinet decision June
7 2013
“Basic Policy Concerning Intellectual Property Policy”
…Looking squarely at the current situation, and aiming to become the most advanced nation in
the area of intellectual property in the next decade, Japan must create intellectual property
policy with a sense of urgency, targeting the following three goals.
th
・ Without simply aiming to catch up with other countries in the manner of previous intellectual property policy, nor with the
goal of making up for lost ground, Japan will build up the most advanced intellectual property system in the world, which
will attract companies and people from Japan and overseas.
・ Japan will actively support emerging countries including countries in Asia to build their intellectual property systems, and
will take measures to make Japan’s world-leading intellectual property system sufficiently well known to become the world
standard.
・ Japan will continue to produce human resources endowed with creativity and strategic capability who can play an important
role in the knowledge generated through the world’s most advanced intellectual property system.
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JPO’s Initiatives for “Accelerated Examination Procedure”
 In order to reduce the pendency for patent examinations, since fiscal 2004, the
JPO has increased the number of fixed-term patent examiners to a total of 490,
and reinforced its examination system.
 Although the number of examiners at the JPO is less than that at the U.S. or
Europe, Japan has established an efficient and effective examination system by
taking advantage of outsourcing such as placing orders for search activities.
Changes in the Number of Examiners at the JPO
Examiners
8,000
7,831
EPO
JPO
KIPO
SIPO
USPTO
7,000
6,000
6,690
5,955
3,535
3,365
1,178
0
6,128
5,730
4,402
3,681
3,365
2,000
1,000
6,143
5,376
4,177
3,000
(Unit: 1,000)
4,779
5,000
4,000
Number of Outsourced Prior Art Searches
1,126
1,247
1,243
(98)
3,689
3,449
3,864
3,969
3,987
3,859
3,555
4,062
3,966
3,949
3,355
2,046
2,801
1,358
(196)
1,468
(294)
1,567
(392)
1,427
1,680
(490)
1,692
(490)
1,703
(490)
1,711
(490)
1,713
(490)
726
513
558
728
727
660
678
675
712
711
2003
2004
2005
2006
2007
2008
2009
2010
2011
FY
2012 CY
8
More “Prompt Examination” and “Enhancing Examination Quality”
 The previous goal concerning patent examination procedures was to shorten the period from the time a request for
examination is made, up to when the first notice of examination results (first action (FA)) is set to 11 months or less (FA11) by
the end of FY2013, which has been met as scheduled.
 The JPO set new goals to be achieved in the next decade (by FY2023). That is to say, the examination period required for
granting patent rights should be 14 months or less, and “the period from the time a request for examination” is made, up to
when the first notice of examination results is sent” should be 10 months or less.
 Aiming to further enhance the quality of examination, the JPO decided to create a new committee consisting of external
experts and make them review the current situations and systems underway concerning quality management of the
examination procedures.
* “The examination period required for granting patent rights” excludes such cases where the JPO requests an applicant to respond to the second
notification of reasons for refusal and other actions by submitting an amendment and other documents within a period stipulated under the law.
(Unit: 10,000)
100
Changes in FA pendency
86
90
80
70
26.2
65
91
79
25.7
26.7
28.3
(month)
【The period from the time a request for examination and
the examination period required for granting patent rights in JPO】
35
85
29.3
60
29.1
30
27.3
69
54
50
29
30
【Previous goal】
11 months
15
The period from the time a request for examination
10.4
Granting patent rights
10
The examination period required for granting patent rights
19
20
First Action
20
16.1
42
40
Request for examination
25
22.2
5
10
0
0
2004 2005 2006 2007 2008 2009 2010 2011 2012 2013
(FY)
Number of Application Awaiting the FA
FA pendency
Source: JPO
9
Collective Examination for IP portfolios
 In order to support smooth and strategic development of global activities by companies through establishing “IP
networks,” the JPO has introduced a system of “collective examinations for IP portfolios” on a trial basis. Under this
system, examiners conduct examinations collaboratively on a cross-sectional basis in order to grant multiple
intellectual property rights in a variety of fields. The system is expected to be operated as standard procedure at a
later date.
Entire project
Collective Examination
software technology
device control
motor
company
business strategies
application contents
IP networks to be used for effectively
expanding global business activities
(building an IP portfolio)
software technology
motor
device control
JPO
applications
Team examiners in each specific
technology field
materials
battery
battery
electric vehicle
electric vehicle
manufacturing
technology
vehicle
structure
material
In line with corporate business activities,
examiners will collaboratively conduct examinations.
manufacturing
technology
vehicle
structure
10
Improving the operations of the Patent Prosecution Highway (PPH)
 In order to enable patent system users to achieve earlier acquisition of patent
rights overseas with less procedural effort at lower cost, the JPO, based on
bilateral and multilateral discussions, will advance efforts to improve operability
and user-friendliness of the PPH procedures. Such efforts involve simplifying
required documents and standardizing requirements for PPH applications.
As of September 1, 2014
DPMA
(Germany)
As of Sep. 1, 2014,
32 offices participate in the PPH.
(Japan implements the PPH with 29
offices.)
The accumulated total number of requests
for PPH filed worldwide is about 61,000
as of the end of June 2014.
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Discussions toward Patent Harmonization - Tegernsee Offices -
The Tegernsee meeting was held among the Trilateral Patent Offices (EPO, JPO and USPTO),
and patent offices of some European counties (United Kingdom, Germany, France, Denmark).
• It is a meeting to discuss harmonization with the EPO and patent offices of some European
countries that have the authority to amend the European Patent Convention.
• At the meeting, the participants discuss 4 key issues for the harmonization (Grace period, 18month publication, Prior use rights, and Conflicting applications)
•
•
•
•
The Tegernsee Offices conducted User Consultation (questionnaire survey and round table) on
the 4 key issues respectively, and each office made a report on the consultation.
At the fifth “Tegernsee Heads” Meeting took place on April 8, 2014, the participants approved
the Final Consolidated Report on the Tegernsee User Consultation consisting of a joint factual
summary analyzing the results of the individual reports, including commonalities and
differences in user views.
The Tegernsee Offices agreed to 1) publish the Final Consolidated Report, 2) endeavor to
communicate the results and provide opportunities for feedback from users, 3) meet to review
progress in the light of input received from users, or other relevant discussions or
developments, in due course.
As for the JPO, we held a symposium for the feedback to the users on July 10, 2014, with much
international participation including SMEs and Universities/research institutions in a balanced
manner.
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Thank you very much
Dziękuję
13

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