Annual Objectives for the Japan Patent Office
Annual Objectives for the Japan Patent Office
The Ministry of Economy, Trade, and Industry (METI) publishes the annual objectives the Japan Patent Office (JPO) is expected to achieve and an evaluation of performance against those objectives1. This article presents some of the features shown in the JPO’s objectives for FY2025.
1. Patent, Design, and Trademark Examination Periods
The FY2024 targets will be maintained for both (i) the period until issuance of the first office action and (ii) the period until grant/registration.
The Intellectual Property Strategic Plan FY2024 states that the examination system is to be enhanced to maintain the average examination period from the request for examination to a grant of patent at 14 months or less, amid a sharp increase in AI-related patent applications.
2. Trial/Appeal Processing Time
In light of the recent trends in the number of trials/appeals filed, the targets have been revised as follows:
– Patents: The target processing time for appeals against refusal decisions is extended to 12 to 14 months
– Trademarks: The target processing time for appeals against refusal decisions is reduced to 8 to 10 months
– Invalidation trials (patents, designs, trademarks): The target processing time is extended to 8 to 10 months
3. Processing Time for Recordal of Transfer
One challenge for the JPO has been the delays caused by processing cases with insufficiencies, which were previously not part of the objectives. The JPO will expedite administrative processing for cases in which insufficiencies are remedied promptly.
Specifically, where the procedural documents are complete, or where any insufficiencies are remedied within 12 business days from receipt, the JPO will complete the recordal of transfer within 15 business days.
In this way, the JPO aims to stabilize processing times for recordal of transfer.
Referring to the performance evaluation of the JPO relative to its targets, many targets of the JPO have been achieved. While not every individual case will proceed exactly within the target timeframes, these figures may nevertheless be useful as a reference, particularly when formulating an IP strategy from the perspective of expected timelines.
Cited References
- Ministry of Economy, Trade and Industry (METI), “Performance Evaluation of the Implementing Agency: Targets to Be Achieved by the Japan Patent Office (JPO) in FY2025.”
- Prime Minister’s Office of Japan (Kantei), “Intellectual Property Strategic Program 2024” (PDF).
Additional Reference
Japan Patent Office (JPO), “Annual Status Report”
Note: The Annual Report presents the relevant pendency figures and other periods on a calendar-year basis, rather than by fiscal year.