Consistency of Judgements among Examiners to Be Improved by Responding to User Feedback

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, 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 quality management initiatives, and has been conducting User Satisfaction Surveys on Examination Quality to this end.

2. Survey method

The JPO asked respondents to rate the overall quality of examinations in FY2021 on a scale of 1 to 5: "satisfied," "somewhat satisfied," "neutral," "somewhat unsatisfied," and "unsatisfied." The survey was conducted between May and July 2022, and the response rate was over 80%. Details of the respondents are as follows.

Patents: 607 (out of 715 surveyed)
Designs: 316 (out of 350 surveyed)
Trademarks: 379 (out of 420 surveyed)

3. Outline of the survey results and future actions

(1) Patent examination

• The ratio of respondents who rated the overall quality of patent examinations as "neutral" or higher was 95.7% (up by 0.6 percentage points (pp) from the previous year), and the ratio of the positive ratings (the sum of “satisfied” and “somewhat satisfied”) was 61.3% (down by 1.7 pp from the previous year). (See Figure 1.)
• The ratio of those who rated the overall quality of international search and preliminary examinations for PCT applications as "neutral" or higher was 97.5% (up by 0.1 pp from the previous year), and the ratio of the positive ratings (the sum of “satisfied” and “somewhat satisfied”) was 59.0% (down by 3.7 pp from the previous year). (See Figure 2.)
• As a result of the analysis, the JPO decided to prioritize working on the following items as their ratings were relatively low, and they greatly influenced satisfaction in the overall quality of both patent examination on national applications and international search and preliminary examination for PCT applications: the consistency of judgements among examiners, the consistency of judgements among examiners on Article 29 (2) (inventive step), and the consistency of judgements in the international and national phases. The JPO will continue to work toward improving the consistency of judgements among examiners, especially by ascertaining specific issues through hearing from users, and promoting knowledge-sharing among examiners through consultation, while conducting appropriate examinations in accordance with laws, examination guidelines, and regulations.

(2) Design examination

• The ratio of those who rated the overall quality of design examinations as "neutral" or higher was 94.9% (up by 0.7 pp from the previous year), and the ratio of positive ratings was 60.4% (down by 7.3 pp from the previous year). (See Figure 3.)
• As a result of the analysis, the JPO decided to prioritize working on the following items in particular, as they greatly influenced satisfaction in the overall quality of design examinations, and their ratings declined from the previous year: the description in notifications of reasons for refusal, the description in decisions of refusal and the consistency of judgements among examiners. The JPO will continue to work toward improving the consistency of judgements through consultation among examiners.

(3) Trademark examination

• The ratio of those who rated the overall quality of trademark examinations as "neutral" or higher was 91.3% (down by 0.4 pp from the previous year), and the ratio of positive ratings was 49.3% (down by 0.6 pp from the previous year). (See Figure 4.)
• As a result of the analysis, the JPO decided to prioritize working on the following items, as their ratings were relatively low and they greatly influenced satisfaction in the overall quality of trademark examinations: the judgements on distinctiveness, the consistency of judgements among examiners, the consistency of judgements with examination guidelines and manuals, and the consistency of judgements with trial decisions. The JPO will continue to work toward improving the consistency of judgements among examiners by conducting examinations appropriately based on examination principles such as those outlined in the Examination Guidelines for Trademarks, ascertaining specific issues by exchanging opinions with industrial players and companies, and promoting knowledge-sharing among examiners through consultations.

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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