| PCT, International Applications |
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(365) The Japan Patent Office to Act as International
Searching Authority and International Preliminary
Examining Authority for International Applications
Received by the USPTO
Effective July 1, 2015, the Japan Patent Office (JPO) may act as an
International Searching Authority (ISA) and International Preliminary
Examining Authority (IPEA) under the Patent Cooperation Treaty (PCT) for
international applications filed with the United States Patent and
Trademark Office (USPTO) as a Receiving Office, provided that: (1) the
applications are submitted in the English language; (2) the claims of the
application are directed to the field of green technology as defined by
certain International Patent Classification classes; (3) 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
application per quarter during the second and third years; and (4) the JPO
is chosen as a competent authority by the applicants of said applications.
The JPO will also act as an IPEA if these four requirements are met, and
the JPO acted as the ISA.
The arrangement between the JPO and the USPTO is intended to end on June
30, 2018. The arrangement may be continued by mutual written consent.
The USPTO will collect the search fees from the applicants, and will
transmit the search fees to the JPO. The search fee for the JPO acting as
an ISA for international applications received by the USPTO is $577
effective July 1, 2015. Any other fees necessary for search or examination
or incidental thereto will be paid by applicants directly to the JPO.
All correspondence between the JPO and the USPTO or the applicants will
be in English.
With this addition, U.S. applicants may now elect the USPTO, the
European Patent Office (EPO)1, the Korean Intellectual Property Office,
IP Australia2, Rospatent, the Israel Patent Office3 or the JPO as the
ISA or IPEA.
1The use of the EPO is not restricted. However, the EPO will issue a
declaration under PCT Rule 17(2)(a) that no International Search Report
will be established whenever an application relates only to a business
method as such. In applications containing claims relating to business
methods where the subject matter of the application also contains technical
features, the EPO will perform a search for those parts of the application
which are more than mere business methods. The announcement appears in the
Official Gazette at 1414 O.G. 61 on March 10, 2015. The EPO will act as an
IPEA only if it also acted as the ISA.
2The use of IP Australia is restricted. IP Australia will not act as an
ISA if it has received more than 250 international applications from the
USPTO during a fiscal quarter, as indicated in the Official Gazette at
1409 O.G. 302 on December 30, 2014. IP Australia will act as an IPEA only
if it also acted as the ISA.
3The use of the ILPO is restricted. The ILPO will not act as an ISA for
applications with one or more claims relating to a business method as
defined by certain International Patent Classification classes nor will the
ILPO act as an ISA where it has received more than 75 international
applications from the USPTO during a fiscal quarter, as indicated in the
Official Gazette at 1408 O.G. 52 on November 4, 2014. For the definition of
what the ILPO considers to be precluded subject matter in the field of
business methods, see Annex B of the Agreement between the Israel Patent
Office and the United States Patent and Trademark Office
(http://www.uspto.gov/patents/law/notices/ilpo_isa-ipea.pdf). The ILPO will
act as an IPEA only if it also acted as the ISA.
 Top of Notices (365) December 26, 2017 |
US PATENT AND TRADEMARK OFFICE |
1445 CNOG 2749 |
The concluded arrangement between the USPTO and the JPO for the
establishment of the JPO as an ISA and IPEA, including Annex A which sets
forth the International Patent Classification classes the JPO considers to
be green technology, follows.
July 07, 2015 MICHELLE K. LEE
Under Secretary of Commerce for Intellectual Property and
Director of the United States Patent and Trademark Office
[1417 OG 63]