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Further Strengthening of Cooperation in the IP field with China-The results of the JPO-SIPO Deputy Commissioners Meeting-

On October 24, 2014, the Japan Patent Office (JPO) and the State Intellectual Property Office of the People’s Republic of China (SIPO) held a JPO-SIPO Deputy Commissioners Meeting in Qingdao, China. At the meeting, concerning the Patent Prosecution Highway Program (PPH)* between the JPO and the SIPO, both offices agreed to cooperate in enhancing user friendliness. In addition, both sides also agreed with Action Plan for 2014 to 2016 on Patent Classification Cooperation to further improve the search environment of Chinese patent documents. Furthermore, both offices also discussed the possible cooperation in a variety of fields, including design, automation, appeals and trials, and human resource development.

1. Background

Since 2011, the number of patent applications filed with the SIPO has remained the highest in the world and the growth rates of such applications have also been remarkable. In addition, concerning the number of foreign applications filed with the SIPO in 2013, those filed from Japan marked the largest, about 41,000 applications, followed by about 30,000 filed from the U.S., which shows the close relationship between Japan and China. Against the backdrop of this situation, it is significant for Japan to enhance the JPO-SIPO cooperation, particularly considering China’s recent development of laws and regulations related to intellectual property (IP) and the importance of reflecting Japanese enterprises’ and other users’ opinions in discussions concerning such development in China. To achieve this goal, both offices held the JPO-SIPO Deputy Commissioners Meeting and discussed related issues.

2. Outline of the results of the meeting

1) Cooperation in the field of Patent

Both sides agreed with the following issues:

  • The Patent Examiner Dialogues should target common cases, including the cases related to the JPO-SIPO PPH;
  • Concerning the JPO-SIPO PPH, both sides will share related statistics data, including pendency periods, and will cooperate in further raising users’ awareness of the PPH; and
  • The JPO will provide the SIPO with a training program concerning JPO’s FI/F-term classification systems,** according to Action Plan for 2014 to 2016 on Patent Classification Cooperation to further improve the search environment of Chinese patent documents.

2) Cooperation in the field of design

The JPO and the SIPO confirmed the result of the Comparative Study on Design Examination about Creativity, and they also agreed to exchange information on their experience about the International Design Classification and the experience of accession to Hague Agreement.

3) Cooperation in the field of Automation

Both sides agreed to cooperate in providing the One Portal Dossier system to the general public.***

4) Cooperation in the field of appeals and trials

Both sides also agreed to hold the first regular meeting of experts in the field of appeals and trials to exchange opinions concerning certain issues, including operating the trials for invalidation and developing human resources.

5) Cooperation in legal systems and practices thereof

Both sides reached the consensus that they will hold a symposium concerning legal systems and their practices in Japan and China.

6) Next high-level meeting

Both sides agreed to hold the next high-level meeting at the appropriate time.

3. Future actions

The JPO will make use of the bilateral framework between Japan and China and will endeavor to develop the environment of IP systems under which IP rights of Japan’s applicants will be protected and utilized in China through China’s smooth and highly-qualified examination.

Notes:

1*: The Patent Prosecution Highway (PPH) is a scheme enables an application whose claims have been determined to be patentable in the Office of First Filing to undergo an accelerated examination in the office of second filing with a simple procedure upon a request from an applicant.
2**: The FI system is JPO’s unique classification system, providing classification places subdivided under the International Patent Classification (IPC), while the F-term system is a subdivided search index by which users are able to search for desired prior arts from multiple technical viewpoints (purpose of invention, application, materials, controlling, and controlled amount) by specific technical scope.
3.***: the One Portal Dossier is a service to provide all related examination information in 5 IP Offices, namely, JPO, USPTO, EPO, SIPO and KIPO.

Release date

October 27, 2014

Division in Charge

Policy Planning and Coordination Department, International Policy Division, JPO

Related Information

Regional Affairs / China

Ministry of Economy, Trade and Industry
1-3-1 Kasumigaseki, Chiyoda-ku, Tokyo 100-8901, Japan Tel: +81-(0)3-3501-1511
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