Important Aspects of Patent Policies for 1999

Important Aspects of Patent Policies for 1999

August 1998
Patent Office

Shortening of the primary examination period (12 months by the year 2000)

Review of the examination request period (7 years from the time of filing)

Active utilization of patent distribution advisors

Support of intellectual property right management

Membership in the Madrid Protocol

Expansion of relief measures for patent infringement

Rationalization of patent term relating to pharmaceutical patents, etc.

Enhancement of dispute resolution functions

Development of aware-ness of intellectual property rights

Support for the fostering of persons engaged in transactions involving intellectual property rights

Support for commercialization of seeds for regional technology

Stepwise implementation of international simultaneous examinations

International harmony among patent systems

<Wide-Range Protection>

Securing the scope of rights based on uniformity, etc. of invention effects (principle of uniformity)

Expansion of the scope of an invention that can be included in a single application (improved polynomial system)

Enhancement of information services at the electronic library for patents

Connection of exclusive lines to regional centers

Support of smooth utilization of patent information

Expansion of training for local officials engaged in regulation and control of imitation products in developing countries

Note: Amounts in parentheses indicate budget amounts for 1998.

I. Rapid, Strong and Wide-Range Protection 46.6 billion (41.2 billion)

A.) Rapid and Appropriate Establishment of Rights 45.5 billion (40.7 billion)

(1)Further Promotion of Examination and Trial Processing45.5 billion (40.7 billion)

The steps described below will be taken with the aim of achieving the goal of "First Action (Completion of Primary Examination) in 12 Months" by the year 2000.

Achievement of the First Action (12 Months) Program

1998	2000
Patents, Designs and Trademarks FA 21 Months	Patent, Designs and Trademarks FA 12 Months
Patent Trials FA 22 Months	Trials FA 12 Months

Note: Amount of time required for first action (primary examination)

1)	Promotion of Paperless Project
	Realization of paperless processing of designs, trademarks, trials and PCT international applications (operation to commence in January 2000)
	Expansion of the functions of the patent examination support computer system
	Membership in the Madrid Protocol (system revision) and construction of a system required for that purpose
2)	Increase in Personnel in Examination and Trial Divisions
3)	Active Use of Private Sector Capabilities
	Expansion of commissioning of prior art documents and other surveys to the private sector
	Increased research personnel, etc. supporting examiners and trial examiners

(2)Review of Examination Request Period (System Revision)

In order to prevent the present state in which numerous patent applications are kept for a long time in an unstable status in which rights have not been determined so that the technical scope is ambiguous, thereby allowing utilization by a third party, the examination request period (7 years) will be reviewed.

B.) Realization of Strong Protection of Rights 100 million (new)

(1)Expansion of Relief Measures for Patent Infringement (System Revision)

Correction of the situation in which patent infringement is "worthwhile" to support the development and commercialization of creative technology

Examples:

	Facilitation of demonstration of infringement - Expansion of document submission orders, etc.
	Facilitation of calculation of the amount of damages - Introduction of calculation experts.
	Easing of the burden of proof placed on holders of rights, etc.

(2)Rationalization of the Patent Term Relating to Pharmaceutical Patents, etc. (System Revision)

The system for extending the patent term will be reviewed that is provided in cases where the patent term is substantially decreased (currently 2 years or more) due to extension of the examination period of the Pharmaceutical Affairs Law, etc. (including a study relating to recognizing extensions even if the term is reduced by less than 2 years).

(3)Enhancement of Dispute Resolution Functions 100 million (new)

	1)	Strengthening of Interpretation System
		Efforts will be made to hasten resolution of patent disputes through active use of the "Interpretation System" of the Patent Office for matters of patent infringement that require a long period of time as a result of court disputes.
		Quicker processing (conclusion drawn within 6 months)
		Enhancement of local surveys in the interpretation system
		Note: The interpretation system refers to a judgment by an examiner of the patent office as to whether or not a certain worked technology overlaps the technical scope of another patented invention.
	2)	Establishment of Consultation Reception System Relating to Infringement by Imitations in Japan and Overseas
		Establishment of telephone consultation service "nisemono 110" for infringement by imitation products, etc.

C.) Development of Awareness of Intellectual Property Rights800 million (500 million)

(1)	Development of Awareness of Intellectual Property Rights in School Education 300 million (200 million)
	Production and proliferation of educational materials, enhancement of lecture meetings for instructors.
(2)	Development of Awareness of Intellectual Property Rights for Small and Medium-Size Businesses 500 million (300 million)
	Holding of seminars, symposiums and so forth for specific objectives including patent management, promotion of patent distribution, etc.

II. Establishment of a Patent Distribution Market, etc.
6.9 billion (2.8 billion)

A.) Promotion of Technical Transfers by Universities, etc. through Collaboration Among the Industrial, Academic and Government Sectors 1.6 billion (900 million)

Together with supporting activities of "technology transfer organizations" of the university technical transfer promotion act (tentative name) established this year, efforts will be made to heighten the awareness of intellectual property rights among universities and other related parties.

(1) Active Utilization of Patent Distribution Advisors at "Technology Transfer Organizations" 1.1 billion (600 million)

(2) Support of Intellectual Property Right Management at Universities, etc. 500 million (300 million)

	Expansion of training in support of intellectual property right management at university and other research institutes
	Surveys and research relating to improving technical evaluation of intellectual property rights and marketability analysis abilities

B.) Establishment of a Patent Distribution Market3.6 billion (2.2 billion)

(1) Support for the Fostering of Persons Engaged in Transactions Involving Intellectual Property Rights 200 million (new)

Together with inviting experts, etc. responsible for patent distribution overseas to provide opportunities for exchange with persons engaged in transactions involving intellectual property rights in Japan and overseas, evaluations and implementation of joint model projects will be carried out regarding a patent distribution market in Japan in an effort to improve technology evaluation and marketability analysis capabilities of intellectual property rights by persons engaged in transactions involving intellectual property rights in Japan.

(2) Support for Commercialization of Seeds for Regional Technology 1.9 billion (1 billion)

Support of studies relating to commercialization among regional businessmen, financial institutions and technical personnel focusing primarily on technology transfer organizations involved with universities, etc. with respect to technical seeds having patent rights that have not yet been commercialized.

(3) Expansion of Patent Distribution Advisors1.5 billion (800 million)

C.) Support for Active Use of Patent Information 3.2 billion (2 billion)

The Patent Office is currently making preparations for public disclosure of all of its patent information consisting of roughly 4,000 publications free of charge through the Internet (scheduled for March 1999).

(1)Enhancement of Information Services at the Electronic Library for Patents 2.3 billion (200 million)

	Greater searching ease (providing of dialogue-type search services)
	Provided in the form of complete English translations by means of automatic translation software

(2)Providing of Information by Exclusive Line Services at Regional Centers throughout the Country500 million (new)

(3)Support of Smooth Utilization of Patent Information400 million (new)

Advisors providing guidance regarding information searching will be dispatched to all regions to instruct venture corporations and so forth in methods of utilizing patent information.

III. International Protection of Rights 5 billion (3.3 billion)

A.) Membership in International Registration Systems900 million (new)

Construction of required systems accompanying membership in the Madrid Protocol, etc.

700 million (new)

Note: The Madrid Protocol is a system for allowing trademarks to be acquired easily in a foreign country. Rights can be acquired in all member countries with a single application procedure (currently 31 member countries).

Comparison of Madrid Protocol and Conventional Procedures

B.) Efforts Toward World Patents 300 million (10 million)

(1) Stepwise Implementation of International Simultaneous Examinations 50 million (new)

Examiners will be exchanged among patent offices in each country with the aim of mutual verification of future international patents, and joint searches and examinations will be conducted among patent offices of each country with respect to common matters.

(2) International Harmony Among Patent Systems200 million (10 million)

	Surveys, research and symposiums will be held relating to setting new rules including international harmony among patent systems.
	International trial examiner conferences will be held inviting patent trial examiners and legal personnel from around the world.

C.) Enhancement of Measures Against Imitation Products 800 million (400 million)

	Expansion of measures for prevention of damages caused by imitation products and strengthening of international collaboration.
	Expansion of training for local officials engaged in regulation and control of imitation products in developing countries.
	Gathering and providing of legal precedents relating to international patent infringement.

D.) Support of Early Acquisition of Rights in Developing Countries, etc. 200 million (2 million)

Cooperation in examinations for promoting examination procedures in developing countries relating to matters of Japanese applicants will be strengthened through the providing of Japanese examination results to patent offices of developing countries.

Establishment of a Patent Distribution Market

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