Cooperation between JPO and USPTO regarding Classification for Patents and Designs ~Japan applicants can obtain more secure rights in the United States~

On February 23, 2016, the Japan Patent Office (JPO) and the United States Patent and Trademark Office (USPTO) signed Memorandums of Cooperation regarding classification in the fields of intellectual property (patents and designs). Through this cooperation between the JPO and the USPTO, Japanese applicants can acquire more secure patent and design rights in the United States.

  1. Background

Classifications are assigned to patent documents and design documents in order to categorize the fields of technologies and designs applied. A classification system is an important tool to allow conducting prior searches of patent/design documents efficiently.  The JPO and the USPTO use their own classification systems. For patent classification systems, the JPO and the USPTO have confirmed that they would increase their cooperation regarding patent classification in March 2015. The JPO and the USPTO have also agreed on the details of this cooperation on February 23, 2016. For design classification system, the JPO and the USPTO have been holding expert meetings on design classification regularly since 2014 to enhance mutual understanding of each office’s design classification. The JPO and the USPTO have also agreed to start cooperation regarding design classification on February 23, 2016.

  1. Details of Cooperation
  • Patent Classification

The JPO conducts prior searches of patent documents using its own classification and search indexes (F-TERM), which are appraised by foreign patent offices. The goal for the cooperation regarding patent classification is to incorporate Japan’s patent classification system (FI classification) into the United States’ patent classification system (CPC classification) in technology fields that appear in both patent classification systems. This cooperation will enable patent examiners at the USPTO to search for patent documents issued by the JPO using the same search indexes as those used by patent examiners at the JPO. This incorporation of patent classification systems of the JPO and the USPTO is to be conducted in five fields (rigid structure of cabinets/shelves/racks, heterocyclic compound, fireproof material, word processing apparatus, superconductive generator/motor) on a trial basis by June 2016. The JPO and USPTO also consider conducting such incorporation in fields other than the first five fields as well. This cooperation is expected to enable Japanese companies to acquire more secure patent rights in the United States.

  • Design Classification

In this cooperation, the JPO and the USPTO are to take measures, such as increasing information sharing on the use and operation of design classification systems. Concordance tables between the design classification system of the JPO and that of the USPTO will be prepared accordingly. The efficiency of prior design searches is expected to be improved when the aforesaid measures are implemented with the USPTO, which is important as a patent office with which Japanese applicants file design applications.

  1. Future Efforts

The JPO will develop an environment that enables Japanese applicants to acquire secure rights in the United States by increasing cooperation between the JPO and the USPTO.

 

Source of Information:

Japan Patent Office

http://www.meti.go.jp/press/2015/02/20160225002/20160225002.html

Keywords: Japan; United States; FI; CPC; Patent; Design