| PCT, International Applications |
Referenced Items (357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381, 382, 383, 384, 385, 386, 387, 388, 389, 390, 391) |
(364) Arrangement between the United States Patent and
Trademark Office and the Japan Patent Office
Concerning Action of the Japan Patent Office
as an International Searching Authority
and Preliminary Examining Authority
under the Patent Cooperation Treaty
for International Applications Received by
the United States Patent and Trademark Office
Whereas an Agreement exists between the Japan Patent Office (hereinafter
"JPO") and the International Bureau of the World Intellectual Property
Organization(hereinafter called "International Bureau") in relation to the
functioning of the JPO as an International Searching and International
Preliminary Examining Authority under the Patent Cooperation Treaty
(hereinafter called "the Agreement between the JPO and the International
Bureau"); and
Whereas the United States Patent and Trademark Office (hereinafter
called "USPTO") desires to have the JPO carry out the tasks as one of the
International Searching Authorities and International Preliminary Examining
Authorities under the Patent Cooperation Treaty, and the JPO is willing to
do so,
The USPTO and the JPO (hereinafter also called "the Participants") have
reached the common recognition as follows:
1. (1) The JPO intends to act as an International Searching Authority
and International Preliminary Examining Authority under the Patent
Cooperation Treaty for international applications filed with the
USPTO as Receiving Office insofar as the following conditions are
met:
(i) the international applications are submitted in the English
language;
(ii) the claims of the international application are directed to the
field of green technology as defined by the International
Patent Classification classes indicated in Annex A;
(iii) The JPO has not received more than 5,000 international
applications from the USPTO during the 3 year period from
July 1, 2015 to June 30, 2018, and not more than 300
applications per quarter during the first year, and not more
than 475 applications per quarter during the second and third
years; and
(iv) The JPO is chosen as a competent authority by the applicants of
said applications.
(2) Consistent with paragraph (1), the JPO intends to act as an
International Preliminary Examining Authority only where the JPO had
acted as the International Searching Authority.
(3) The USPTO intends to inform the International Bureau, pursuant to
the Patent Cooperation Treaty (hereinafter the "PCT") Rules 35 and 59
that the JPO is competent for the searching and international
preliminary examination under this arrangement in paragraphs (1) and
(2).
2. The JPO intends to conduct the international search and international
preliminary examination pursuant to the provisions of the Agreement
between the JPO and the International Bureau, and intends to promptly
notify the USPTO of any relevant amendment to said Agreement between
the JPO and the International Bureau.
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3. The language of correspondence between the USPTO and the JPO
or the applicants is English.
4. Conduct of technical and procedural matters including transfer of
fees and exchange of documents is as specified in Annex B of this
arrangement.
5. The JPO, upon request and on payment, intends to furnish the
applicants with copies of the documents cited in the international
search reports and the international preliminary examination reports.
6. (1) The fees and charges which the JPO is entitled to make in
relation to its function are intended to be those set out in Annex C
of the Agreement between the JPO and the International Bureau,
depending on the version of the Agreement in force, as represented by
Annexes D and E of the PCT Applicant's Guide.
(2) The USPTO intends to collect the search fees from the applicants
in the U.S. Dollar (USD) amount specified in Annex D of the PCT
Applicant's Guide and intends to transfer said amount in USD to the
bank account in Japan, which has been communicated for this use.
(3) The USPTO intends to transfer the search fee to said bank account
in Japan, by the end of the next month following the month in which
the search fee is received, and intends to promptly notify the JPO of
the international filing date, the international application number,
and the date on which the search fee was received.
(4) Any fee for copies of documents cited in the international search
report, additional international search fee, international
preliminary examination fee, additional preliminary examination fee,
or any necessary fee for search or preliminary examination is
expected to be paid by the applicant to the JPO in the amount and in
the currency set out in Annex D or E of the PCT Applicant's Guide.
7. (1) This Arrangement comes into effect upon July 1, 2015.
(2) The USPTO and the JPO intend that this Arrangement end on June
30, 2018 or upon the termination of the Agreement between the JPO and
the International Bureau if such termination is earlier. The USPTO
and the JPO may continue this Arrangement by mutual written consent
upon any renewal of the said Agreement between the JPO and the
International Bureau.
8. This Arrangement may be modified with the written consent of both the
USPTO and the JPO.
9. (1) This Arrangement may be discontinued by either Participant by
written notice to the other Participant; however each Participant
should endeavour to provide six months advanced notice of its intent
to discontinue this Arrangement.
(2) The JPO intends to act as the competent International Searching
Authority and the International Preliminary Examining Authority in
accordance with this Arrangement upon international applications
insofar as these applications are received by the USPTO within six
months after the receipt of the notice under the preceding paragraph.
10. (1) The Participants intend, where relevant, to apply the provisions
under the Patent Cooperation Treaty, and the Regulations and the
Administrative Instructions under the Treaty, to matters which are
not provided for in this Arrangement.
(2) This Arrangement does not give rise to legal obligations under
international or domestic law. The JPO and the USPTO intend to
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1445 CNOG 2747 |
resolve any differences which arise regarding this Arrangement
through consultations and negotiations.
11. Annex A and Annex B are part of this Arrangement.
12. The Participants recognize that if there is a change regarding the
information in Section 1 (Contact Details) of Annex B, the
Participant making the change intends to notify the other
Participant.
Signed on May 15, 2015 and on May 27, 2015
For the United States Patent For the Japan Patent Office
and Trademark Office
MICHELLE LEE HITOSHI ITO
Under Secretary of Commerce for Commissioner of the JPO
Intellectual Property and
Director of the USPTO
[1417 OG 64]