JPO and CNIPO News
1. JPO provides FAQ regarding patent prosecution examiner interviews
On December 21st, 2021, the JPO updated its webpage regarding examiner interviews, including a link to a new list of frequently asked questions on the topic. In addition to other topics, the webpage notes that if there is a request for an interview from the agent of the applicant, the examiner will, in principle, accept the interview once. However, following consultation within the JPO, the examiner may refuse an interview request due to the risk of the interview deviating from the stated purpose of examiner interviews. If it is determined that the interview will not be accepted, the examiner will inform the agent of the reason for not accepting the interview, and will create a record of response stating the reason for this.
In addition, the frequently asked questions document clarifies that if an applicant wishes to conduct an interview in a foreign language, the applicant may be asked to provide an interpreter, even if the language is English.
For more information, please click here for article 1 and article 2. (in Japanese)
2. JPO to provide published patent information online on a daily basis
On January 12, 2022, the JPO announced that the gazette of published patents would be provided on a daily basis rather than a weekly basis. Users can find the published patents in PDF form on the Japan Platform for Patent Information(J-PlatPat).
For more information, please click here. (in Japanese)
3. JPO to forbid multiple dependent claims depending on other multiple dependent claims
On December 23, 2021, the JPO announced proposed amendments to the Ordinance for Enforcement of the Patent Act, which would forbid multiple dependent claims depending on other multiple dependent claims as a violation of Article 36(6)(iv) of the Patent[1]. A multiple dependent claim is a dependent claim that refers to more than one claim. An example of a multiple dependent claim depending on another multiple dependent claim is as follows:
Claim 1: A device comprising A. Claim 2: The device of claim 1, where A comprises material X. Claim 3: The device according to any one of claims 1 and 2, where A comprises material Y. [multiple dependent claim] Claim 4: The device according to any one of claims 1 to 3, where A comprises material Z. [multiple dependent claim depending on another multiple dependent claim (claim 3)] In summarizing the proposed amendments, the JPO provides two explanations for the change. First, multiple dependent claims which depend on other multiple dependent claims greatly increase the burden upon examiners in a manner disproportionate to the total number of claims, because the number of combinations of claimed features in such claims can increase exponentially. Second, of the major patent offices, the USPTO, KPO, and CNIPA do not allow multiple dependent claims depending on multiple dependent claims, and banning such claims would be beneficial from the viewpoint of harmonizing international standards.
At present, it is anticipated this change will apply to applications filed on or after April 1, 2022.
For more information, please click here for article 1, article 2 and article 3. (in Japanese) [1] Requirements regarding technical rules on the statement of claims to Regulations under the Patent Act Article 24ter
4. CNIPA releases new guidelines for trademark examination and trial
CNIPA released the Guidelines for Trademark Examination and Trial (hereinafter referred to as "new Guidelines") on November 22, 2021. The new Guidelines are effective from January 1, 2022, and the original "Standards for trademark examination and trial" (hereinafter referred to as "original standards") were repealed at the same time. The purpose of formulating the new Guidelines is to standardize the procedures for trademark examination and trial and ensure uniform application of laws and the consistent implementation of standards in all links of trademark examination and trial. If you want to know more about the new Guidelines, below are some differences between the new Guidelines and the original standards for your information.
To view the full article please click here.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.