News

Status Report 2018

April 24, 2018

The Japan Patent Office has issued its annual report for FY 2017, which is available at the following URL. The main features of the report are summarized below.

JPO Status Report 2018
https://www.jpo.go.jp/english/reference_room/statusreport/status2018_e.htm

■ Patents
Approximately 318,000 applications were filed in FY 2017, which was a slight increase over the previous financial year. In addition, the proportion of international applications (applications designating Japan and entering the Japanese national phase) relative to the total number of patent applications rose to approximately 20%.

Of particular interest in the report are statistical data indicating the number of patent registrations by year of application. This data shows that for applications filed between 2003 and 2012, examination of which is now largely complete, the patent registration rate has consistently risen. For example, while the registration rate (number of registrations/number of requests for examination) was approximately 54% in FY 2003 (36% when calculated by registrations/applications filed), it had risen to approximately 77% (53%) by FY 2013. While one explanation that has been given is that this increase reflects a shift in emphasis from quantity to quality in corporate IP strategy, we believe that decisions handed down by the courts in recent years and the resultant adjustments to JPO examination practice may also be pertinent.

Also of note is the fact that the overall speed of examinations has been gradually increasing. In FY 2016, the average period until a first office action was issued was 9.4 months (2.3 months in the case of accelerated examination) and the average period until establishment of rights was 14.6 months. Further, the JPO had previously established ten-year goals from March 2014 of achieving, by 2023, an average period of 14 months until establishment and an average period of 10 months until the first Office Action. Already, it appears that the latter goal has been attained and the former is close to realization.

■ Utility Models
The number of utility models filed remained at a typically low level, decreasing even further to approximately 6,100 applications in FY 2017. It should be noted that since Japan employs a non-examination system for utility models, utility model applications are registered if they satisfy formality requirements. As a result, prior to exercising rights based on a utility model registration, it is necessary to request a technical evaluation from the JPO in order to confirm the efficacy of the rights.

■ Designs
The number of applications for design registration has not varied significantly in recent years, notwithstanding a slight increase over the past four years. Approximately 32,000 design applications were filed in FY 2017.

■ Trademarks
The number of trademark applications continues to rise, with a marked increase from 118,000 applications in FY 2013 to 191,000 applications in FY 2017. (These figures include defensive mark registrations and registrations of renewal of term of rights based on defensive mark registrations.)


 
Summary prepared by International Information Group
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