Glossary

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international release

This refers to publishing the claims, specification, drawings, etc. related to an international application (Article 21 of the Convention). The contents of internationally published international applications can be searched and viewed on the website of the World Intellectual Property Organization (WIPO). In principle, international publication will be carried out by the International Bureau 18 months (1 year and 6 months) after the priority date (Article 21(2)(a) of the Convention).
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international application

This refers to an application filed under the Patent Cooperation Treaty (PCT) (Article 3 of the Treaty). By filing one international application, you can obtain the same effect as filing simultaneously in a country that is a party to the PCT Treaty.

International Bureau (IB)

Refers to the secretariat responsible for the management and operation of the Patent Cooperation Treaty (PCT). The main duties include sending copies of international publications and international applications to designated offices. It may also act as a receiving Office.

international stage

Generally, it refers to the stage after an international application is filed until entering the national phase of each designated country. Normally, during the international phase, the applicant determines which contracting country to proceed to the national phase based on the international search report, etc.

international search

This is a search conducted for the purpose of discovering related prior art in determining whether the invention stated in the claims of an international application has novelty and inventive step (Article 15 to Article 19 of the Convention). Article XNUMX, etc.). International searches are conducted by international search authorities.
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International Searching Authority (ISA)

Refers to organizations selected by the General Assembly of the World Intellectual Property Organization (WIPO) from among national offices and intergovernmental organizations that meet certain requirements such as personnel and materials (Article 16(3) of the Convention, Regulations). 36.1). The International Searching Authority conducts an international search and prepares an international search report and a written opinion of the International Searching Authority. As of July 2012, 7, there are a total of 1 international search authorities, including the patent offices of Japan, the United States, China, etc., and the European Patent Office.

International Search Opinion (ISO)

This is a document stating the opinion regarding the novelty, inventive step, industrial applicability, etc. of the invention stated in the claims of the international application (Rule 43bis.2.1). Prepared by the International Searching Authority.
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International Search Report (ISR)

This is a document that describes prior art discovered through an international search. Prepared by the International Searching Authority. The international search report is transmitted to the designated Office (Article 20, Rule 47.1 of the Convention). This allows designated Offices to use the international search report when examining international applications that have entered their own national phase.
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international preliminary examination

This is an examination aimed at expressing a preliminary and non-binding opinion regarding the novelty, inventive step, and industrial applicability of the invention stated in the claims of the international application (Article 33 of the Convention) Article 35, etc.) This is carried out by the International Preliminary Examining Authority at the request of the applicant (Article 31 of the Convention).
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International Preliminary Examination Authority (IPEA)

Refers to organizations selected by the General Assembly of the World Intellectual Property Organization (WIPO) from among national offices and intergovernmental organizations that meet certain requirements such as personnel and materials (Article 16(3) of the Convention, 32(3), Rule 36.1). The International Preliminary Examining Authority conducts an international preliminary examination and prepares a written opinion of the International Preliminary Examining Authority and an international preliminary report (Articles 32 to 35 of the Convention, etc.).

International Preliminary Examination Report (IPER)

This is a document stating the opinion regarding the novelty, inventive step, industrial applicability, etc. of the invention stated in the claims of the international application (Rule 43bis.2.1). Prepared by the International Preliminary Examining Authority (Articles 33 to 36 of the Convention)

Domestic migration

This refers to the transition of an international application from the international phase to the national phase of each designated country. At the time of national entry, we will submit translations and pay fees as necessary to the domestic offices (designated offices) of each designated country. In principle, national entry must be carried out within 30 months from the priority date (Articles 22 and 39 of the Convention).
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national stage

Generally refers to the stage after entry into the national stage of each designated country. This is the stage where patentability is examined by the government offices of each country. After entering the international application into the national phase, the applicant is given the opportunity to amend the scope of claims, etc. (Articles 28 and 41 of the Convention).

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Article 34 amendment

This is an amendment that an applicant who has requested an international preliminary examination can make during the period until the international preliminary examination report is prepared. Amendments can be made to the claims, description, and drawings. There is no limit to the number of amendments, and you may make them as many times as you like until the international preliminary examination report is prepared. (Article 34 of the Convention, Regulation 66.1(b))
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self-designation

This is to designate the country where the national application (basic application) is filed as the basis for claiming priority in the international application as a designated country. For example, designating Japan as a designated country in an international application that claims priority based on a national application filed with the Japan Patent Office is self-designation. The effect of priority claims in self-designated designated countries is determined by each national law (Article 8(2)(b) of the Convention). In the case of Japan, it is considered an application filed claiming domestic priority (Article 41 of the Patent Law) based on the basic application.

Designated Office (DO)

It is the national government office of a designated country. The applicant must submit a translation of the international application (translated into the designated language specified by each designated office) to the designated office within 30 months from the priority date, and pay the domestic fee. The international application enters the national phase of the designated country.

designated country

This is the country designated by the applicant as the country in which he or she seeks protection for the invention in the international application. In addition, in a regular international application, the applicant is deemed to have filed the international application by designating all contracting countries (so-called deemed all designation). Some contracting states may be excluded from the list of designated states.

Article 19 amendment

This is an amendment that an applicant who has received an international search report can make within a period of two months from the date of sending the international search report or 2 months from the priority date, whichever expires later. Amendments may be made only once to the scope of claims. (Article 16 of the Convention, Regulation 1)
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Receiving Office (RO)

Refers to the government office of the country where the applicant has domicile, etc. If the applicant is Japanese, the receiving office will be the Japan Patent Office (JPO).

World Intellectual Property Organization (WIPO)

It is a specialized agency of the United Nations whose purpose is to promote the protection of intellectual property throughout the world. WIPO's headquarters are located in Geneva, Switzerland. WIPO operates the International Bureau (IB) and administers various treaties related to industrial property rights, including the Paris Convention and the Patent Cooperation Treaty (PCT).

Elected Office (EO)

The national office of the selected country. The international preliminary examination report prepared by the International Preliminary Examining Authority is transmitted to each elected Office via the International Bureau.

selected country

This is the country selected by the applicant as the country in which the applicant intends to use the results of the international preliminary examination in the national phase of the examination when requesting an international preliminary examination.

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Parties

Refers to countries that have concluded the Patent Cooperation Treaty (PCT) (Article 1 of the Treaty). As of October 2012, there are 10 signatory countries, including major countries such as the United States, China, European countries, South Korea, and Japan.

Patent Prosecution Highway (PPH)

Based on an agreement between the patent offices of two or more countries, an application that has an invention that has been determined to be patentable by one patent office can, upon request by the applicant, undergo accelerated examination at another patent office through simplified procedures. It's a framework. The Japan Patent Office has implemented PPH programs with patent offices such as the United States Patent Office, European Patent Office, Chinese Patent Office, and Korean Patent Office.
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Patent Cooperation Treaty (PCT)

A treaty concluded in Washington, D.C. on June 1970, 6, with the aim of reducing duplicate procedures and examinations for applicants and patent offices in each country when seeking protection for the same invention in multiple countries. is. As of October 19, there are 2012 countries that are party to the PCT. By filing an international application based on the PCT, you can obtain the same effect as filing in multiple countries simultaneously with one application. The PCT falls under the category of "Special Arrangements" under Article 10 of the Paris Convention, and provides internationally uniform application procedures to the extent that they do not conflict with the Paris Convention.

International Preliminary Report on Patentability (Chapter I)

This is the title given to the written opinion of the International Searching Authority for international applications that are not subject to international preliminary examination. It is prepared by the International Bureau and sent to the designated Office (Rule 44bis.2.1).

International Preliminary Report on Patentability (Chapter II)

This is the title given to the international preliminary examination report (Rule 70.15). It is prepared by the International Preliminary Examining Authority, sent to the applicant and the International Bureau, and sent by the International Bureau to the elected Offices (Article 36 of the Convention).

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Paris Convention (Paris Convention for the Protection of Industrial Property)

This treaty was created in 1883 for the purpose of protecting industrial property rights such as patent rights and trademark rights. The Paris Convention has three main principles: the principle of national treatment, the system of priority rights, and the independence of industrial property rights in each country. The Patent Cooperation Treaty (PCT) falls under the category of "Special Arrangements" under Article 19 of the Paris Convention, and the Patent Cooperation Treaty has been created to the extent that it does not conflict with the provisions of the Paris Convention. As of October 2008, there are 10 countries that have signed the Paris Convention (Paris Convention allies).

informal comment

This is a document that an applicant can submit to the International Bureau in order to provide opinions on the written opinion of the International Searching Authority.

supplementary international search

In addition to an international search, this is a search conducted at the applicant's request by an International Searching Authority different from the International Searching Authority that had jurisdiction over the international search.
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priority system

Priority rights in international applications are handled in accordance with the provisions of the Paris Convention, except in the case of self-designation (Article 8(1)(2)(a) of the Convention).
Under the Paris Convention, a person who has filed a patent application in one of the Paris Convention member countries (Country A) has the right of priority for a specified period, and within the period of this priority, a person who has filed a patent application in one of the Paris Convention member countries (Country B) has priority rights. ) with the same content, it is stipulated that the application will be treated preferentially as if it had been filed at the same time as the application to Country A in terms of novelty, inventive step, etc., in the relevant country. (Article 4 of the Paris Convention)
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