table of contents
September [General] Newsletter
Patent Administration Annual Report 2024
On July 29, 2024, the Japan Patent Office compiled the 2024 Edition of its Patent Administration Annual Report, which covers domestic and international trends surrounding intellectual property and the Japan Patent Office's efforts in this field.
Key takeaways from this report include:
The number of patent applications filed with the Japan Patent Office has remained flat since 2020, but in 2023 it increased 3.6% from the previous year to 300,133.
The number of patent applications filed from Japan overseas has remained almost flat since 2013, but has been on a downward trend since 2020, with the number of patent applications filed from Japan overseas in 2022 being 187,561, a decrease of approximately 2% from the previous year.
In 2023, the number of patent applications filed by domestic applicants was approximately 229,000, of which 17.6% were filed by small and medium-sized enterprises. This is the first time that the number of applications filed by small and medium-sized enterprises in a single year has exceeded 40,000.
The number of patent applications filed in Japan by foreigners continues to show an upward trend, as it did last year. The number of patent applications filed in Japan from the United States and Europe had been on a downward trend until 2020, but began to increase in 2021 and is expected to remain at a high level in 2023.
Looking at the number of patent applications and patent registrations among the five offices in 2022, the most common applications from Japan are from the USPTO, CNIPA, EPO, and KIPO, in that order, while the most common registrations from Japan are from the USPTO, CNIPA, KIPO, and EPO, in that order. On the other hand, the most common applications and registrations to the JPO are from the United States, Europe, China, and South Korea, in that order.
The number of international applications based on the Patent Cooperation Treaty (PCT international applications) with the Japan Patent Office as the receiving office was 47,372 in 2023, remaining at a high level.
Looking at the number of patent registrations by application year, the number of patent registrations has remained at around 170,000. In addition, the ratio of patent registrations to patent applications (patent registration rate) is on the rise. These trends suggest that applicants are becoming more selective in their patent applications, and that companies and other organizations are steadily shifting from quantity to quality in their intellectual property strategies.
In addition, in response to the growing need to shorten the time until the first examination notice as well as the time until rights are granted, the Japan Patent Office set a 10-year target in 2014 to reduce the "time until rights are granted" (standard examination period 1) and "time until the first examination notice" for patents to an average of within 14 months and 10 months, respectively, by the end of fiscal year 2023. In 2023, these targets were achieved at 13.8 months and 9.4 months, respectively.
USPTO Publishes National Strategic Roadmap Initiative for Standardization of Critical and Emerging Technologies
On July 26, the USPTO announced its efforts following the Biden Administration's presentation of a national strategic roadmap for the standardization of Critical and Emerging Technologies (CETs).
In May 2023, the Biden Administration formulated a national strategy for standardization. This aims to strengthen national security, including the U.S. economy, by having the U.S. government support the promotion of CETs standardization by the private sector. The influence of competing countries in the international standardization of CETs is increasing, and it has become necessary to strengthen U.S. leadership. The roadmap presented this time shows various approaches to realizing the strategy, short-term and long-term actions, and expected results, and includes strengthening cooperation between U.S. government agencies and government agencies abroad. In addition, as concrete examples, the efforts of related government agencies, including the USPTO, are introduced.
The USPTO says it will implement its roadmap for standard essential patents (SEPs) by developing a fair and balanced ecosystem.
Specific initiatives include working with foreign government agencies to harmonize fair, reasonable and non-discriminatory (FRAND) terms for SEP licenses, and providing educational support for small and medium-sized enterprises on SEP and FRAND licenses.
The USPTO is building cooperative relationships with foreign intellectual property offices to promote global harmonization of SEPs and expand competitive markets. In June 2024, a five-year Memorandum of Understanding (MOU) was signed with the United Kingdom Intellectual Property Office (UKIPO) that includes the following:
1. Promoting information exchange and cooperation regarding SEP policies
② Educational support for SEP and FRAND licenses for small and medium-sized enterprises
3) Consider ways to increase the transparency of SEP licenses granted on FRAND terms
④ Raising awareness among stakeholders, including industry and research institutions
⑤ Discussions on expanding cooperative relationships with overseas intellectual property-related organizations
In addition, the USPTO signed a memorandum of understanding with the World Intellectual Property Organization (WIPO) in July 2022 regarding efforts to resolve disputes related to SEPs. The two parties will cooperate in resolving issues related to SEPs, utilizing the WIPO Arbitration and Mediation Center.
UK Intellectual Property Office Announces Launch of SEP Resource Hub
On July 22, 2024, the UK Intellectual Property Office (UKIPO) announced in a press release that it has launched the Standard Essential Patent (SEP) Resource Hub, which provides guidance on the SEP ecosystem.
In its future policy on SEPs published in February 2024, UKIPO aimed to launch an SEP Resource Hub, as part of its non-regulatory interventions, to provide tools, guidance and other assistance designed to enable small and medium-sized enterprises (SMEs) and small innovators (commonly referred to as SEP implementers), particularly those with limited resources, to navigate the SEP ecosystem.
The outline of this press release is as follows:
The SEP Resource Hub aims to be a "one-stop shop" for UK businesses seeking guidance on navigating the SEP ecosystem. It has been developed in collaboration with industry but is still evolving and more guidance and support will be added over time.
The SEP Resource Hub is a starting point to address concerns about information asymmetry and lack of transparency (between SEP holders and SEP implementers) and aims to help companies gain a better understanding of the SEP ecosystem.
●The SEP Resource Hub is divided into four parts:
-- Guidance on technical standards and standardization organizations
- Guidance on SEP Licensing
- Guidance on Dispute Resolution and Remedies in SEP Licensing
- Additional resources including a UK SEP case tracker, glossary and international SEP guidance
The UK government has stated that it will launch a technical consultation on the SEP framework and fair, reasonable and non-discriminatory (FRAND) licensing in the second half of 2024, and as it does not appear to be ruling out options that require legal reform, it will be necessary to continue to monitor developments.
Newsletter translated into English
Patent Administration Annual Report 2024
On July 29, 2024, the Japan Patent Office (JPO) compiled the 2024 edition of its Patent Administration Annual Report on domestic and international trends surrounding intellectual property and the JPO's initiatives.
Below are some of the main points that can be learned from this report.
The number of patent applications filed with the JPO has been on a flat trend since 2020, but in 2023, the number of patent applications filed increased 3.6% from the previous year to 300,133.
The number of patent applications from Japan to foreign countries had remained almost flat since 2013, but has been on a downward trend since 2020, and the number of patent applications from Japan to foreign countries in 2022 was 187,561, down about 2% from the previous year.
In 2023, the number of patent applications filed by domestic nationals was approximately 229,000, of which 17.6% were filed by SMEs. This is the first time that the number of applications filed annually by SMEs has exceeded 40,000.
The number of patent applications filed in Japan by foreign applicants continued to increase last year. The number of patent applications filed from the US and Europe to Japan was on a downward trend until 2020, but turned upward in 2021 and remained high in 2023.
Looking at the number of patent applications and registrations among the IP5 offices in 2022, applications from Japan were filed with the USPTO, CNIPA, EPO, and KIPO in this descending order, and registrations from Japan were made with the USPTO, CNIPA, KIPO, and EPO in this descending order. On the other hand, applications and registrations to the JPO were filed from the US, Europe, China, and Korea, in this descending order.
The number of international applications filed under the Patent Cooperation Treaty (PCT international applications) with the Japan Patent Office as the receiving office remains high at 47,372 in 2023.
By year of application, the number of patent registrations remained at around 170,000. In addition, the ratio of the number of patent registrations to the number of patent applications (patent registration rate) is on the rise. These trends indicate that applicants are becoming more selective in their patent applications and that companies, etc. are steadily shifting from quantity to quality in their intellectual property strategies.
In response to the growing need to shorten the time to the grant of rights as well as the time to the first notice of examination results, the JPO set a 10-year target in 2014 to reduce the “time to grant of rights” (standard examination period 1) and “time to first notice of examination results” to an average of 14 months or less and 10 months or less, respectively, by the end of FY 2023. In 2023, an average of 13.8 months and 9.4 months, respectively was achieved.
USPTO Releases National Strategic Roadmap Initiatives for Standardization of Critical and Emerging Technologies
On July 26, the USPTO announced the office's efforts in response to the Biden Administration's National Strategic Roadmap for the standardization of Critical and Emerging Technologies (CETs).
In May 2023, the Biden Administration developed a National Strategy for Standardization. By supporting the private sector in promoting the standardization of CETs, the US government aims to strengthen national security, including the US economy, etc. The influence of competing countries in the international standardization of CETs is increasing, and stronger efforts by the leadership of the US are said to be needed. The roadmap presented in the strategy outlines various approaches, short- and long-term actions, and expected outcomes. short- and long-term actions, and expected results to realize the strategy, including strengthening cooperation between US government agencies and foreign government agencies. As specific examples, the efforts of relevant government agencies, including the USPTO are introduced.
The USPTO will implement its roadmap by developing a fair and balanced ecosystem for Standard Essential Patents (SEPs).
Specific include working with foreign government agencies to harmonize Fair, Reasonable, and Non-Discriminatory (FRAND) conditions in SEP licenses and providing educational support for SEP and FRAND licenses for SMEs.
The USPTO is working with foreign IP Offices to promote global harmonization of SEPs and expand competitive markets. In June 2024, the USPTO signed a five-year Memorandum of Understanding (MOU) with the United Kingdom Intellectual Property Office (UKIPO) that includes the following .
(1) Promote information exchange and cooperation on SEP policies
(2) Provide educational support for SMEs regarding SEP and FRAND licenses
(3) Consider ways to increase the transparency of SEP licenses granted under FRAND conditions
(4) Raise awareness among stakeholders, including industry and research institutions
(5) Carry out discussions on expanding cooperation with overseas intellectual property-related organizations
In addition, in July 2022, the USPTO signed an MOU with the World Intellectual Property Organization (WIPO) on dispute resolution efforts regarding SEPs. The USPTO will utilize the WIPO Arbitration and Mediation Center and cooperate in activities to resolve issues related to SEPs.
UK Intellectual Property Office Announcements Launch of SEP Resource Hub
The United Kingdom Intellectual Property Office (UKIPO) announced in a press release that on July 22, 2024 that it has launched a SEP Resource Hub to provide guidance on the Standard Essential Patents (SEP) ecosystem.
In its future policy on SEPs, published in February 2024, the UKIPO stated its goal, as part of its non-regulatory interventions, to launch a SEP Resource hub that would provide tools, guidance, etc. designed in particular to help resource-constrained small and medium enterprises (SMEs) and small innovators (commonly referred to as SEP implementers) navigate the SEP ecosystem.
A summary of this press release is as follows
● The SEP Resource Hub aims to be a “one-stop shop” for UK companies seeking guidance on navigating the SEP ecosystem. Developed in collaboration with the industry, it is still in its infancy and additional guidance and support will be added in the future .
● The SEP Resource Hub is a starting point for addressing concerns about information asymmetry and lack of transparency (between SEP holders and SEP implementers) and is intended to help companies gain a better understanding of the SEP ecosystem.
● The SEP Resource Hub is divided into four parts:
-Guidance on technical standards and standardization mechanisms
-Guidance on -SEP licensing
-Guidance on dispute resolution and remedies in SEP licensing
-Additional resources such as the UK SEP case tracker, glossaries, and international SEP policies
The UK government has indicated that it will issue a technical opinion call for the SEP framework and Fair, Reasonable, and Non-Discriminatory (FRAND) licenses in late 2024, so the developments will continue to require close monitoring, as it does not appear to rule out options requiring legislative changes.
