XNUMX. XNUMX.Introduction

　In January 2022, the JPO's gazette system was renewed.
(https://www.jpo.go.jp/system/laws/koho/oshirase/system-sasshin20201222.html）
　One of the main changes is the abolition of "republished patents", which is expected to have various effects on domestic patent searches.In this article, we will explain the impact of the abolition of republished patents and points to keep in mind when conducting domestic searches.　

XNUMX. XNUMX.What is a republished patent in the first place?

　As shown in the figure below, if you file a "domestic application", a "public patent gazette" containing the contents will be issued.On the other hand, if you file an "international application (PCT application)", the content will be published internationally first, but after the domestic transition, the correspondence will differ depending on the language, and if you filed in a foreign language, a Japanese translation will be posted. A "publicated patent gazette" will be issued, and if an application is filed in Japanese, a "republished patent" containing the contents of the international publication will be issued. (Hereafter, these are collectively referred to as "public gazettes".)

　Furthermore, as a result of the examination, when the patent right is set and registered after amendment, etc., a "patent gazette" containing the contents will be issued. (Hereafter, this is referred to as "Registration Bulletin".)

　Of the published gazettes, the "public patent gazette" (Article 64 of the Patent Law) and the "publicated patent gazette" (Article 184-9 of the Patent Law) are stipulated by law, but the "republished patent" is only. It is positioned as an "administrative service" and not a legal gazette.
(It seems that the name "re-publication" is given by reissuing what has already been published internationally in Japanese as a service in Japan. Also, it is not a legal "publication". " It is written as "republished patent" without "publication".)

　This administrative service, "Republished Patent", was abolished as of December 2021, 12.
(https://www.jpo.go.jp/system/laws/koho/general/koho_faq.html）

　Since there is actually a time lag of several months or more from the international publication and domestic transition to the issuance of the republished patent, the international publication and domestic transition were made before December 2021, 12. It seems that there are many cases where published patents have not been issued.

XNUMX. XNUMX.Impact of abolition and points to note in the search

XNUMX If not registered, the gazette will not be published in Japan

　Due to the abolition of the republished patent, Japanese international applications will not be published in Japan unless the patent right is set and registered after examination after the transition to Japan.

　[Example XNUMX] in the figure below is an example in which the gazette was published for the first time after the setting was registered after the domestic migration.The elimination of republished patents that previously existed between domestic migration and registration gazettes will delay the availability of information on such applications.Furthermore, in [Example XNUMX], since the application was withdrawn after the domestic transition, no gazette has been issued in Japan.For applications that have not been registered due to withdrawal or confirmation of refusal, information cannot be obtained from domestic gazettes alone.

　The number of international applications is on the rise, and it is expected that the number will continue to increase as an IP strategy that includes foreign countries.It may not be a problem if the international public (WO) search is conducted in parallel, but if only the domestic search is conducted, be aware that the above examples will be omitted from the search. I want to.In order to solve this problem, it is necessary to search including "international release (Japanese)" when conducting a domestic search.However, since the FI / F term is not given at the stage of international publication, it should be noted that "IPC" is also used when using the patent classification.

　J-PlatPatWhen searching with, check not only "domestic literature" but also "foreign literature" as shown in the figure below, and then check "WIPO (WO)" in the detailed settings to publish internationally (Japanese). You can also search including.

　In the commercial patent database, there are various correspondences such as those in which "international publication (Japanese)" is included in the domestic search as a standard specification, and those in which an option contract is required.In addition, some of them output the "international publication (Japanese)" and the "registration gazette" issued after the domestic transition as one application, while others are not linked and are output separately. There is also. (The above J-PlatPat is also a pattern that is output separately.) It is recommended that you check the contract status of your database and the handling of each gazette once.

XNUMX What is the progress information after the domestic transition?

　In the past, it was possible to know that the Japanese international application had moved to Japan due to the issuance of the republished patent, and it was possible to confirm the examination progress information associated with the republished patent. How should we check them in the future?

　Patent OfficeThen, the method of confirming with "Patent / Utility Model Number Inquiry / OPD" of J-PlatPat is introduced, and alsoINPIT (Industrial Ownership Information and Training Center)However, although we provide a list of international applications that have been transferred to Japan, we have to check each application that we want to confirm, and it is troublesome to confirm a large list of patent documents in the actual search. increase.

　Regarding this point as well, the commercial patent database has already taken measures to output the "international publication (Japanese)" with the "application number" and "examination progress information" after the domestic transition. Correspondence is divided, such as those still under consideration.For these, it is a good idea to check and inquire about the support status of your database and future plans.

XNUMX.in conclusion

　About half a year (as of July 2022) has passed since the "republished patent" was abolished.XNUMXAs in the example introduced in, we are beginning to see the specific effects.As mentioned above, some commercial patent databases are being addressed in anticipation of the various impacts of their abolition, while others are being sought.Even when I actually receive a request from a client and conduct a searchXNUMXLinking "international publication (Japanese)" and "registration gazette" as described inXNUMXIn some cases, it may be desired to link "examination progress information" to "international disclosure (Japanese)" as described in the above, and we are taking measures such as using different databases as necessary.After all, I feel that it is very easy to use in practice if this information is linked.I hope that these features will become commonplace in any database in the future.

Research Division Fujita

【reference】

・ JPO: Issuance of gazettes corresponding to the gazette system renewal
https://www.jpo.go.jp/system/laws/koho/oshirase/system-sasshin20201222.html
・ JPO: Regarding Gazette: Frequently Asked Questions
https://www.jpo.go.jp/system/laws/koho/general/koho_faq.html
・ J-PlatPat: Search for patents and utility models
https://www.j-platpat.inpit.go.jp/p0100
・ JPO: Points to keep in mind when abolishing republished patents
https://www.jpo.go.jp/support/j_platpat/haishi_202201.html
・ INPIT: About updating "Domestic migration data list"
https://www.inpit.go.jp/info/topic/topic00002.html