High Levels of Interest in Communication with Examiners

1. Background to the survey

Provision of quality and internationally-reliable examinations and setting of appropriate rights are significant duties of the JPO toward supporting companies' smooth and global business development, promoting innovation, and maintaining healthy business transactions. The JPO aims to properly ascertain IP users' opinions on examinations and reflect them in its future policies for quality management, and, to this end, has been conducting User Satisfaction Surveys on Examination Quality.

2. Survey method

The JPO asked respondents to rate the overall quality of examinations in FY2020 on a scale of 1 to 5: "satisfied," "somewhat satisfied," "neutral," "somewhat unsatisfied," and "unsatisfied." The survey was conducted between May and June 2021, and the response rate was over 80%. Details of the respondents are as follows.

Patents:

640 (out of 737 surveyed)

Designs:

313 (out of 350 surveyed)

Trademarks:

371 (out of 420 surveyed)

3. Outline of the survey results and future actions

The survey received many comments regarding communication with examiners. In relation to this, this April, the JPO developed a way for teleworking examiners to call users, and expanded the available online web conferencing services for interviews for published applications.

(1) Patent examination

• The ratio of respondents who rated the overall quality of patent examination on national applications as "neutral" or higher was 95.1% (down by 2.2 percentage points (pp) from the previous year), and the ratio of the positive ratings (the sum of “satisfied” and “somewhat satisfied”) was 63.0% (down by 1.3 pp from the previous year). (See Figure 1.)

• The ratio of those who rated the overall quality of the international search and international preliminary examination on PCT applications as "neutral" or higher was 97.4% (up by 0.2 pp from the previous year), and the ratio of the positive ratings was 62.7 (down by 3.5 pp from the previous year). (See Figure 2.)

• As a result of the analysis, the JPO decided to prioritize working on the following matters: the consistency of judgments among examiners, the consistency of judgments among examiners on Article 29 (2) of the Patent Act (inventive step), and the consistency of judgments in the international phase. The JPO will continue to improve the consistency of judgments and knowledge-sharing among examiners by promoting consultation among them and through other efforts.

• Figure 1: Ratings of the overall quality of patent examination (Overall ratings)

• Figure 2: Ratings of the overall quality of the international research and international preliminary examination (Overall ratings)

(2) Design examination

• The ratio of those who rated the overall quality of design examination as "neutral" or higher was 94.2% (down by 2.3 pp from the previous year), and the ratio of the positive ratings was 67.7% (up by 3.3 pp from the previous year). (See Figure 3.) The ratio of those who positively rated the content of notifications of reasons for refusal and other documents (which had been addressed as a priority) was 66.9% (up by 7.2 pp from the previous year).

• As a result of the analysis, the JPO decided to prioritize working on the following matters in particular: the consistency of judgments and the level of expert knowledge. The JPO will continue to improve the consistency of judgments among examiners through consultations on applications, etc., and increase their level of expert knowledge through participation in online trade fairs and other means.

• Figure 3: Ratings of the overall quality of design examination (Overall ratings)

(3) Trademark examination

• The ratio of those who rated the overall quality of trademark examination as "neutral" or higher was 91.7% (up by 0.4 pp from the previous year), and the ratio of the positive ratings was 49.9% (up by 2.2 pp from the previous year. (See Figure 4.)

• As a result of the analysis, the JPO decided to prioritize working on the following matters: the judgment of distinctiveness, the consistency of judgments among examiners, and consistency with trial judgments. The JPO will work toward improving the quality of examination by conducting them appropriately based on examination principles such as the Examination Guidelines for Trademarks, continuing to exchange opinions with industrial players and companies, and promoting consultation among examiners, and through other efforts.

• 図 Figure 4: Ratings of the overall quality of trademark examination (Overall ratings)

4. Details of the survey results

Please refer to the reports for details of the survey results.

• Results of the FY2021 User Satisfaction Survey on Patent Examination Quality (in Japanese)
• Results of the FY2021 User Satisfaction Survey on Design Examination Quality (in Japanese)
• Results of the FY2021 User Satisfaction Survey on Trademark Examination Quality (in Japanese)

Related link

• User Satisfaction Surveys on Examination Quality (in Japanese)

Division in Charge

• Regarding the User Satisfaction Survey on Patent Examination Quality

  Quality Management Office, Administrative Affairs Division, Patent and Design Examination Department (Physics, Optics, Social Infrastructure and Design), Japan Patent Office

• Regarding the User Satisfaction Survey on Design Examination Quality

  Design Division, Patent and Design Examination Department (Physics, Optics, Social Infrastructure and Design), Japan Patent Office

• Regarding the User Satisfaction Survey on Trademark Examination Quality

  Trademark Division, Trademark and Customer Relations Department, Japan Patent Office

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