AIPLA/FICPI Colloquium April 8-9,2003 Problems and Advantages PCT has for JPO Shinjiro Ono Deputy Commissioner Japan Patent Office Key Points of “ the Intellectual Property Policy Outline” Realization of “Nation Built on Intellectual Property” Establishment of “Nation Built on Intellectual Property” means activation of the economy and society by increasing the added value of products and services through intellectual property Pillars Comprehensive Measures are needed regarding Intellectual Property (1) Creation (2) Protection Present Situation and Problems ●Decline of Japanese Industrial Competitiveness ●Need to establish the Intellectual Creation Cycle (3) Utilization (4) Human Resource Development Specific Action Plan Reinforcement of measures for establishing a global patent system GLOBAL PATENT SYSTEM - To enable applicants to quickly obtain patent rights - To reduce the workload of patent Offices PCT reform Mutual use of prior art Search and Examination results Substantive Patent Law Treaty Increase of international applications under the PCT (In thousand) 120 100 80 60 40 20 0 1985 1987 1989 1991 1993 1995 1997 1999 2001 PCT - One of possible approaches to the Global Patent System - De facto global system 118 contracting states, 114,048 applications - PCT International Search and Preliminary Examination Guidelines - Further reform of PCT Expanding Use PCT Filings by JP Others CA CH KR SE NL FR 13% US 39% 4% 4% 6% GB 12% JP 13% DE 12% of the PCT Applications are filed by JP Filings to US by PCT/Paris route by PCT GB by Paris 48% FR 43% DE 48% 10% KR JP Origin 14% 0 10000 20000 30000 40000 50000 The applications from JP less use the PCT route Increase of JPO’s Workloads 300,000 Request for Exam First Action 250,000 200,000 150,000 100,000 50,000 0 1997 1998 1999 Established ISR 2000 2001 Established IPER 16000 12000 8000 4000 0 1997 1998 1999 2000 2001 Designation per international application filed in JP Average No of States Designated 70 60 50 40 30 20 10 0 1997 1998 1999 year 2000 2001 Conclusion • Expansion of PCT system toward the “Global Patent System” • Efficient process of PCT applications through the international and national phase Further Reform Thank you
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