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The ‘‘Japanese Model’’ Japan’s Initiatives for Meeting the Future

May 14, 2009 Copenhagen, Denmark. The ‘‘Japanese Model’’ Japan’s Initiatives for Meeting the Future. Takashi SUZUKI Commissioner Japan Patent Office. What is the ideal IP System in 2020?. IP System for Pro-Innovation. Challenge. ◆ Cleaning up the Backlog. ◆ Change in the Environment

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The ‘‘Japanese Model’’ Japan’s Initiatives for Meeting the Future

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  1. May 14, 2009 Copenhagen, Denmark The ‘‘Japanese Model’’Japan’s Initiatives for Meeting the Future Takashi SUZUKI Commissioner Japan Patent Office

  2. What is the ideal IP System in 2020? IP System for Pro-Innovation Challenge ◆Cleaning up the Backlog ◆Change in the Environment of Innovation

  3. Topics 1. Current patent system and related issues 2. JPO efforts to solve issues and establish IP system suitable for 2020 2-1. PPH – eliminating the backlog 2-2. Patent system for pro-innovation

  4. 1. Current Patent System and Related Issues Patent Promotion of Invention Progress of Economy 3

  5. 1. Current Patent System and Related Issues ◆Eliminating the Backlog - Rapid increase of Patent Applications throughout the world - Increasing “Pendency Period” ◆Change in the Environment of Innovation - Change of the Role of the Patent - Change in the Obstacle to Promoting Innovation

  6. 2-1. PPH – Eliminating the Backlog Rapid increase in the number of Patent Applications throughout the world (Million) 2.0 1.76 million Applications by Non-residents: Approx. 700,000 1.6 1.2 0.8 Applications by residents 0.4 0 1996 2001 2006

  7. 2-1. PPH – Eliminating the Backlog Increasing “Pendency Period” 60 (Months) 50 40 30 20 10 1999 2001 2003 2005 2007

  8. Request for PPH 2-1. PPH – Eliminating the Backlog PPH - Patent Prosecution Highway Application Patent OFF Examination Application OSF Accelerated Examination

  9. 2-1. PPH – Eliminating the Backlog Period from Request to First Action ◆ Case of JP <=> US Application Patent Without PPH FA 25-27 months With PPH Expeditious Examination FA 2-3 months

  10. 2-1. PPH – Eliminating the Backlog Grant rate (transitional) in JP-US PPH US=>JP JP=>US 49% 44% Overall PPH 64% 95% Improvement of Quality

  11. 2-1. PPH – Eliminating the Backlog Applications by Non-residents PPH PCT Applications: Approx. 340,000 Accelerated Examination Paris Route Applications: Approx. 360,000 Complementary Interaction between PCT & PPH

  12. 2-1. PPH – Eliminating the Backlog Expanding PPH Network UKIPO IP Australia ROSPatent DKPTO Nov. 2008 Apr. 2008 Sep. 2007 Jul. 2007 May. 2009 Jul. 2008 USPTO NBPR EPO Sep. 2008 Jul. 2006 Apr. 2009 Jan. 2008 JPO APO Apr. 2007 Jan. 2008 Feb. 2009 Mar. 2009 Mar. 2008 Apr. 2009 CIPO : Full implementation KIPO : Pilot implementation DPMA IPOS : Under consideration

  13. 2-1. PPH – Eliminating the Backlog Plurilateral PPH Framework Office B Office C Standardized Requirements USPTO Office A Requestfor PPH JPO

  14. 2-2. Patent System for Pro-Innovation Open Innovation Company A(Fuel Cell) Company B(Body of vehicle） Progress through Open Innovation Fuel Cell Vehicle 13

  15. 2-2. Patent System for Pro-Innovation 1,000 Patents for 1 Product Infringement against JUST 1 Patent 1 Patent Injunction STOP! 14

  16. 2-2. Patent System for Pro-Innovation Patent Troll Patent Patent Troll Extortionate Fee Injunction Companies 15

  17. 2-2. Patent System for Pro-Innovation ◆Three important purposes • Patent system • for accelerating innovation • Strong patent right • supported by patent offices and courts - International harmonization for granting a patent right quickly 16

  18. 2-2. Patent System for Pro-Innovation 1. Injunction Right 2. Exceptions to the Effects of Patent Rights (Experimental or Research Purposes) 3. Modified ”Mutual Recognition” 17

  19. 2-2. Patent System for Pro-Innovation Injunction Right eBay Case Four-factor test • The plaintiff has suffered an irreparable injury. • Remedies available at law, such as monetary damages, are inadequate to compensate for that injury. • Considering the balance of hardships between the plaintiff and defendant, a remedy in equity is warranted. • The public interest would not be disserved by a permanent injunction.

  20. 2-2. Patent System for Pro-Innovation Exceptions to the Effects of Patent Rights [Experimental or Research Purposes] 1. Research for Patentability 2. Research to Determine Operability 3. Examination for Future Progress 19

  21. 2-2. Patent System for Pro-Innovation Exploring ”Mutual Recognition” Country A Patent Application Examination Country B Application

  22. Thank you

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