Table of Contents

Patent Law and Theory

Patent Law and Theory

A Handbook of Contemporary Research

Research Handbooks in Intellectual Property series

Edited by Toshiko Takenka

This major Handbook provides a comprehensive research source for patent protection in three major jurisdictions: the United States, Europe and Japan. Leading patent scholars and practitioners join together to give an innovative comparative analysis both of fundamental issues such as patentability, examination procedure and the scope of patent protection, and current issues such as patent protection for industry standards, computer software and business methods. Keeping in mind the important goal of world harmonization, the contributing authors challenge current systems and propose necessary changes for promoting innovation.

Chapter 9: Trilateral Cooperation – Mutual Exploitation of Search and Examination Results Among Patent Offices with a View to Establishing a System of Rationalized Work-Sharing

Shinjiro Ono

Subjects: business and management, knowledge management, innovation and technology, knowledge management, law - academic, intellectual property law

Extract

9 Trilateral cooperation1 – mutual exploitation of search and examination results among patent offices with a view to establishing a system of rationalized work-sharing2 Shinjiro Ono3 Introduction Each of the Trilateral Offices – USPTO, EPO, and JPO – has been hosting and taking part in annual Trilateral Conferences since 1983 to pursue a cooperative and collaborative approach to solving challenges and issues which each of the offices face in common. Towards the end of the last century, a shared challenge was to establish a ‘paperless patent office’. The beginning of the current century has seen an increasing focus on efforts to employ work-sharing with a view to reducing the ever increasing workload brought about by the growth of global patent applications. Historical background4 In the early 1980s, the Trilateral Offices were faced with a dramatic rise in the number of patent application filings. The Japan Patent Office (JPO) received more than 410,000 patent and utility model applications in 1982, which amounted to a 15% annual increase in the number of applications filed. As a result, the JPO projected that unless action was taken, the application examination period would increase from two to seven years, while its archive of 28 million paper documents would expand to 50 million within a decade. Kazuo Wakasugi, then Commissioner of the JPO, later acknowledged that these 1 The Trilateral Cooperation, the website of the Trilateral Cooperation (2007), at http://www.trilateral.net. 2 Shinjiro Ono, Cooperation the Key to Reducing Pendency Times, INTELLECTUAL ASSET MANAGEMENT MAGAZINE (August/September 2006), at...

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