特許庁ステータスレポート2019
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2DesignsThe JPO has been implementing a variety of initiatives including accelerated examinations, quality management, and the compilation of the “Design-Driven Management”, in order to appropriately protect designs, improve convenience for users, and strengthen the competitiveness of Japan’s companies.1) Examination PerformanceThe JPO is working to make examinations more eicient for user convenience. In FY2017 (April 2017–March 2018), the JPO achieved the “rst action pendency” (FA pendency) and “total pendency” periods shown in Figure 2-1-6. [Figure 2-1-6] [Figure 2-1-7]2) Accelerated ExaminationUnder certain conditions, the JPO oers an accelerated examination system that, upon the request of an applicant, expedites the commencement of an examination.[Figure 2-1-8]• The accelerated examination system may be applied under the following conditions: (i) applications for design registration related to implementations with an urgent need for registration*1; (ii) applications for design registration that are concurrently led in one or more other countries; or (iii) applications for design registration by businesses, etc. that have suered earthquake damage.• In 2018, rst action pendency from request for accelerated examination was 2.0 months on average.3) Further Improvement of Examination Quality(i) Quality Management InitiativesUnder the “Quality Policy on Design Examination”, which constitutes the JPO’s fundamental principles of quality management, and the “Quality Management Manual for Design Examination” (Quality Management Manual), which documents quality management and its implementation system, the JPO has been engaging in the following initiatives in order to realize the utmost quality of design examinations in the world*2. Moreover, in March 2018, the JPO established quantitative goals for the quality of design examinations to be achieved in FY2018.a. Quality Assurance• Before sending applicants and agents documents by examiners regarding notices and decisions, etc., managers of the examination oice check substantive and formal aspects of such documents for all cases.• Examiners consult with managers about cases that meet certain conditions in order to curb search and decision discrepancies among examiners.Note:• The FA pendency is the period from the application filing until the JPO sends the first notice of examination results to the applicant, etc. (for the most part, either a decision of registration or a notice of reasons for refusal).• The total pendency is the period from the application filing to a final disposition (excluding international applications filed to register designs under the Hague Agreement, as well as cases in which applicants are required to respond to the second notices from the JPO for amendments submitted by the applicants within a certain period of time).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。)。FA 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ApplicationFilling 出願5.9 months on average/平均5.9か月6.7 months on average/平均6.7か月2-1-6図Figure 2-1-6A Pendency and Total Pendency for Design Examinations in FY20172017年度における意匠審査のFA期間及び権利化までの期間*2Englishhttp://www.jpo.go.jp/e/introduction/hinshitu/shinsa/index.html*1Among the applications under (i) above, the JPO is implementing an initiative to commence examinations even earlier for applications where there are counterfeits already in existence and there are no problems in the application procedure. In 2018, the above period was 0.5 months on average.Chapter 1 第1章64

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