Examinations/Trials and Appeals審査・審判1PatentsThe JPO has been aiming to achieve the “world’s fastest and utmost quality patent examinations”, so that once applicants obtain patents in Japan, the associated examination results will be upheld overseas to facilitate the smooth acquisition of rights abroad. To this end, the JPO has been implementing various measures focused on “maintaining speed”, “granting high quality rights”, and “cooperating and collaborating with foreign IP oices”.1) Examination PerformanceWith the acceleration of the intellectual property creation cycle, comprised of intellectual property creation, the establishment of rights, and utilization of rights, there is a growing need to shorten total pendency, and the JPO has been engaging in initiatives to speed up examinations.• In FY2017 (April 2017–March 2018), the JPO achieved the periods shown in Figure 2-1-1. [Figure 2-1-1] [Figure 2-1-2]2) Initiatives to Speed up Examinations(i) Securing the Necessary Number of ExaminersIn order to maintain and strengthen the patent examination system, the JPO is working to secure the necessary number of patent examiners and to rehire some of the xed-term examiners whose terms of employment had expired.• For FY2018, the JPO secured a capacity of 1,690 examiners (including xed-term examiners).(ii) Outsourcing Prior Art SearchesThe JPO is working to promote the speeding up of examinations by outsourcing prior art searches to registered search organizations.• As of December 2018, there were 10 registered search organizations.• In FY2018, the number of outsourced searches was approx. 152,000 (of which approx. 116,000 involved searches for foreign patent documents.).Note:• The total pendency (also called the “standard pendency”) is the period from the request for examination to withdrawal or abandonment or until a final disposition (excluding cases where the JPO requests an applicant to respond to the second notice of reasons for refusal and where the applicant performs procedures they are allowed to use, such as requests for extension of the period of response and for an accelerated examination.• The FA pendency is the period from the request for examination to issuing the first notice of examination (which are mainly notices of patent grants or reasons for refusal for a patent application) by an examiner to the applicant.備考:• FA 期間は、出願から審査官による審査結果の最初の通知(主に登録査定又は拒絶理由通知書)が出願人等へ発送されるまでの期間。• 権利化までの期間は、出願から最終処分までの期間(国際意匠出願を除く。また、出願人が制度上認められている期間を使い補正等を行うことによって、特許庁から再度の応答を求められる場合等を除く)。2-1-1図Figure 2-1-1FA PendencyFA期間Total Pendency権利化までの期間First Action一次審査通知Establishmentof Right権利化Request forExamination審査請求9.3 months on average/平均9.3か月14.1 months on average/平均14.1か月Total Pendency and FA Pendency for Patent Examinations in FY20172017年度における特許審査の権利化までの期間及びFA期間56Chapter 1 第1章
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