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Utilization of the International Preliminary Report on Patentability (IPRP) in the PCT National/Regional Phase
Nov.2013
JAPAN PATENT OFFICE
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Contents
Examination Flow (Outline)
Entering National Phase
Utilization of the IPRP
Prior Art Search
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Examination Flow (Outline)
Decision of RefusalDecision to Grant a Patent
Notification of reasons for refusal
Substantive examination
Entering National Phase
Written amendment,Written argument
no reasons for refusal
No response
Resolved Not
resolved
Finding reasons for refusal
International Phase
Request for examination
Utilization of the ISR, IPRP , Prior art Search, Examination
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Contents
Examination Flow (Outline)
Entering National Phase
Utilization of the IPRP
Prior Art Search
4
Entering national phase
Entering national phase
Utilization of IPRP, prior art search, examination
A patent application in Japanese language
A patent application in foreign language
Under Article 36(2)
deemedThe description
The scope of claim(s)
The drawing(s)
deemed
deemed
The description
The scope of claim(s)
The drawing(s)
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Entering national phase
Entering national phase
A patent application in Japanese language
A patent application in foreign language
deemedA translation of the description
A translation of the scope of claim(s)
A translation of the drawing(s)
The description
The scope of claim(s)
The drawing(s)
Under Article 36(2)
deemed
deemed
Utilization of IPRP, prior art search, examination
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Entering national phase
Amendment
A patent application in Japanese language
A patent application in foreign language
deemed An amendment under Article 17bis(1)
deemedA translation of the amended scope of claim(s) under Article 19(1)
A copy of the written amendment submitted under Article 19(1)
An amendment under Article 19(1) of the treaty
The scope of claim(s) submitted with the application under Article 36(2).
Utilization of IPRP, prior art search, examination
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Entering national phase
Amendment
A patent application in Japanese language
A patent application in foreign language
deemed An amendment under Article 17bis(1)
deemedA translation of the written amendment
A copy of the written amendment
An amendment under Article 34(2)(b) of the Treaty
An amendment under Article 17bis(1)
Utilization of IPRP, prior art search, examination
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Contents
Examination Flow (Outline)
Entering National Phase
Utilization of the IPRP
Prior Art Search
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Utilization of the IPRP
IPRP(I) = Written Opinion of the International Searching Authority (WOISA)
When no demand for International Preliminary Examination is filed
IPRP(II)= International Preliminary Examination Report (IPER)
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Utilization of the IPRP
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Utilization of the IPRP
citations
explanations
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Utilization of the IPRP
Entering national phase
Category [X]
Category [Y]
Category [A]
Under Article 29(1):
Novelty
Reference
Under Article 29(2):
Inventive Step
Judgement
Utilization of IPRP, prior art search, examination
Utilization of IPRP
These categories are indicated in ISR
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Utilization of the ISR
Entering national phaseUtilization of the ISR
Category [E,P]
Under Article 29bis
Identical invention is disclosed in description, claims or drawings
Reference, etc
Under Article 39
Identical invention is claimed
Judgement
domestic patent documents, etc
Utilization of ISR, prior art search, examination
When a priority claim is invalid, documentswith category “P” in the ISR could also berelevant to novelty or inventive step
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Contents
Examination Flow (Outline)
Entering National Phase
Utilization of the IPRP
Prior Art Search
Amendment
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Entering national phase
Prior art search
Prior art search (1)Examiners considers it possible, based on their knowledge and experience, to conduct an examination precisely and efficiently by using ISR,IPRP.
The examiners are not required to carry out an additional prior art search .Utilization of IPRP,
prior art search, examination
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Entering national phase
Prior art search
Prior art search (2)
Examiners consider it impossible, based on their knowledge and experience, to conduct an examination precisely and efficiently by using only ISR, IPRP.
The examiners shall carry out an additional prior art search .
Utilization of IPRP, prior art search, examination
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Entering national phase
Prior art search
Prior art search (3)
Examiners consider it possible, based on their knowledge and experience, to find relevant prior art documents more efficiently by carrying out a prior art search by themselves, rather than referring to an ISR,IPRP.
The examiners may carry out an additional prior art search before referring to the IPRP.
Utilization of IPRP, prior art search, examination
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Entering national phase
Prior art search
Prior art search (4)
To search earlier filed but later published applications which were not searched by ISA(Top-up search)
To search in order to avoid duplicate patenting
Utilization of IPRP, prior art search, examination
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Entering national phase
Amendment
Prior art search (Amendment)
Additional prior art search
If amendments add any features that necessitate additional prior art search.
Ex Claim: A+B
Claim: A+C
Amendment
Utilization of IPRP, prior art search, examination
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Thank you!
