Annual Technical Report 2002 on Industrial Design Information Activities submitted by Japan (SCIT/ATR/ID/2002/JP)
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The expression "industrial designs" covers industrial designs and models. Offices which issue design patents should report their design patent information activities in this series of Annual Technical Reports.
I. Evolution of registration activities
Changes experienced in terms of application filings and grants (registrations) with respect to the previous year
The number of applications in 2002 was 37,230. The number of registrations was 31,503.
Trends or areas experiencing rapid changes with respect to the previous year
The total number of applications fell below the corresponding number in the previous year. The applications in Group K, Japanese Design Classification (industrial machinery and instruments) and those in Group E (Hobby and Recreation Goods and Athletic Implements) rose from the previous year. There was a conspicuous increase in applications for partial design.
Applications for partial design and related design had been growing in number since this type of application was first accepted in 1999. Each of these two kinds of application accounted for just under 20% of the total number of applications filed in 2002.
II. Matters concerning the generation, reproduction, and distribution of industrial design documents and of secondary sources of industrial design information, i.e., official gazettes
Publishing, including printing, copying techniques and electronic printing
Since January 2000, the JPO has been accepting on-line design applications (electronic applications). The JPO electronically edits the collected data, acquired from electronic applications or electronic conversion of paper-based applications, and publishes the Design Gazette on CD-ROM.
a) Design Gazette on CD-ROM
The JPO has been publishing the Design Gazette on CD-ROM since January 2000.
A single-volume Design Gazette on CD-ROM contained a total of 700 issues and was published 50 times in 2002.
Design Gazette on CD-ROM can be searched by 13 data items, including a registration number, an article to which the design is applied, Japanese Design Classification and D-term. The Design Gazette on CD-ROM contains mixed-mode type data, composed of text data and image data, thus text searches using the text data part is available.
JPO has been providing, free of charge, viewer software to use Design Gazette on CD-ROM.
Main types of announcements of the Office in the field of industrial design information
The number of Design Gazettes published in 2002 is as follows:
Design Gazette 31,861 issues
Decisions on Appeal trial Gazette 850 issues
III. Matters concerning classifying, reclassifying and indexing of industrial design information according to the classification systems applied
Classification and reclassification activities; Classification system used, e.g., International Classification for Industrial Designs (Locarno Classification), other classification (please indicate whether industrial designs are classified by your Office and, if so, which classification is used)
The JPO uses the Japanese Design Classification, a domestic classification revised in 1983. The Japanese Design Classification is based on the concept of usage of articles, and organized in 4 stages. The stages are, from top to bottom; groups, main classes, minor classes, and if necessary, subclasses based on shape/form/configuration or pattern. Thus, the Japanese Design Classification offers a total of about 5,100 classification branches.
In addition, approximately 330 items (publication: 86 items) have now been introduced into a search key list (D-term list) for searches on a computer, which are used if subdivision of categories of the Japanese Design Classification is needed or if a search across plural fields is required.
In 2002, design classification was assigned to 37,230 design applications and about 250,000 publicly known design documents, such as magazine/catalog based new design information, used as reference material for design examination.
In order to deal with new concepts of recent articles in such fields as information and communication devices, the JPO is now preparing to revise the Japanese Design Classification which is to be put into force from January, 2005.
Bibliographic data and processing for search purposes
As bibliographic data for searches, application number, filing date, registration number, registration date, name of the article to which the design is applied, design classification, D-term (classification symbols different from the Japanese Design Classification) and others are used in documents related to applications. Disclosure date, acceptance date, publishing date, article, design class, D-term and others are used in reference documents related to disclosure.These data are stored on hard disk document by document for use as search references.
In 2001, "name of the article to which the design is applied" was included as one of the search keys.
IV. Search file establishment and upkeep
File building
The JPO has stored in search files the following;
reference documents related to applications;
designs presented in magazines published in Japan and abroad, in catalogs, on web sites and elsewhere;
image data (including color image data) and bibliographic data (including design classification and D-term) gained by electronically processing foreign design gazettes.
These are used as basic data for the JPO's design examination.
On January 1, 2000, the JPO started receiving electronic applications for design registration. Accordingly, information on filed designs is automatically put into search files. The image data and bibliographic data in approximately 2,070,000 reference documents related to applications and approximately 2,750,000 publicly known documents were stored into search files by the year 2002.
Updating
The image and bibliographic data on 37,230 applications and about 250,000 publicly known documents were added.
Storage, including mass storage media
Hard disk.
Documentation from other offices maintained and/or considered part of the available search file
Foreign Design Gazettes.
V. Activities in the field of computerized search systems for industrial designs
In-house systems (online/offline)
The JPO's design search system is an on-line system to search design application documents and publicly known documents by using the Japanese Design Classifications and D-terms as search keys. The image data of the searched document on the image file server is displayed on the terminal (color image data is displayed in color), allowing fast screening.
In January 2000, the system was downsized by conversion to a client-server system using no computer, thus enabling faster and more reliable searching and screening.
After the downsizing, in 2001 article, applicant identification number, etc. were added as search keys. To support more effective searches, the JPO developed in 2002, on the basis of past examination results, a function for displaying design classes, applicant identification number, etc. which are likely to lead to the discovery of cited documents, as search information.
Administrative management systems (e.g., register, legal status, statistics, administrative support, etc.)
In January 2000, the design paperless system was started and the administrative and examination procedures were completely moved to the system based on electronic data. Therefore, a total system, covering from design application filing, formality check and substantive examination, dispatching, registration, publishing the gazette, requesting inspection of files, to requesting certification, was completed. The effect of this system is far reaching, such as more efficient drafting based on the close link between the administrative system and the design search system, more efficient examination by implementation of electric approval, faster design gazette publication and separate management of each application.
With the operation of the above system, design application filing in electrical form was started in January 2000. Despite the recent implementation of this system, the ratio of the design applications filed on-line reached a high percentage, 89% (annual average in 2002). Please note that JPO's system is an integrated system and that the administrative procedure system and the search system for design applications are part of the integrated system. Thus for the overall system, please refer to the "ANNUAL TECHNICAL REPORT 2002 ON PATENT INFORMATION ACTIVITIES."
Equipment used (hardware, including the types of terminal and network used, and software), data carriers used
Please refer to the "ANNUAL TECHNICAL REPORT 2002 ON PATENT INFORMATION ACTIVITIES."
VI. Administration of industrial design services available to the public (relating to facilities, e.g., for lodging applications, registering designs, assisting clients with search procedures, obtaining official publications and registry extracts
a) Providing industrial property rights information via the Internet
The JPO has been providing the Industrial Property Digital Library service since March 1999. This service is accessible through the Internet and covers 48 million items of industrial property information by using document number and/or classification as search keys.
Main services relating to design information that JPO provides are as follows:
1) Design Gazette database search
Design Gazette published in and after 1889 can be searched by using document number.
2) Use of assigned number when searching for design documents
The various kinds of Design Gazettes published since 1964 can be searched by using an assigned number and so forth.
3) Japanese Design Classification and D-term
Searching for flash report on registration of the establishment of design rights and Design Gazette documents by using Japanese Design Classification and/or D-term is available.
4) Searching of Design Gazettes by text search
Design Gazettes and Unsettled-case Design Application Gazettes since 2002 can be searched by text search.
5) Classification lists
Japanese Design Classification, the cross-reference table of International Classification for Industrial Designs and Japanese Design Classification, and D-term list can be referenced.
Further, the published appeal and trial decisions in 1940, and after, and as related information, the information on appeal and trial decisions, the legal status on applications, registrations and decisions, the collection of cases on suit against appeal/trial decisions, the list of examiners in charge and others can be referenced.
b) Providing JPO data
In March 1999, the JPO began providing the JPO's bibliographical and progress information to outside users at marginal cost by organizing and converting it in the standard format for better usability for the users. About twice a month, the data is provided.
c) National Center for Industrial Property Information (NCIPI), an independent administrative institution
NCIPI, which became an independent administrative institution in April, 2001, supplies industrial property information including patent gazettes. Its major activities are listed below:
1) Reference to design gazettes, etc.
Gazettes on CD-ROM, etc. as well as the JPO's "IPDL Service" are available to the public free of charge in the gazette reading room on the 2nd floor of the JPO building. There are approximately 150 such reading devices in the room.
Reading devices for this purpose are provided at eight other places in Japan (Sapporo, Sendai, Nagoya, Osaka, Hiroshima, Takamatsu, Fukuoka and Naha) where similar reference services and so forth are provided.
A total of approximately 67,000 persons used the services at the above facilities in 2002.
2) Reference to examination and trial documents
Various technical documents (books, etc.) to be used for the JPO's examinations and trials are collected both domestically and from abroad and made available to the public.
d) Intellectual Property Centers
At Intellectual Property Centers at 58 places throughout Japan, visitors are given advice on suitable industrial property information search methods and the like, and seminars on industrial property information search methods are held periodically. Pamphlets and other documents are prepared at these centers and distributed to local companies, etc.
To support the above activities, NCIPI dispatches to the centers its IPDL search advisors with specialized knowledge of patent information and methods of searching for such information.
VII. Matters concerning mutual exchange of industrial design documentation and information
International or regional cooperation in the exchange of industrial design information, e.g., in the form of official gazettes
JPO is engaged in mutual exchange of gazette and other documents with 88 countries (including international organizations), and of which, JPO sends its Design Gazettes to 26 countries.
As part of the exchange of data between two countries, the JPO will send to China and the Republic of Korea Design Gazette image data and analyzed D-term data prior to the first publishing of gazettes on CD-ROM, recorded on an electronic medium (DVD-R or the like).
Exchange of machine-readable information, e.g., data contained on CD-ROM or magnetic tape
Since January 2000, gazettes on CD-ROM have been sent.
VIII. Matters concerning education and training including technical assistance to developing countries
Promotional activities (seminars, exhibitions, visits, advertising, etc.)
The JPO held briefing sessions at the following places to explain to users of industrial property information on how to conduct design searches at the Industrial Property Digital Library (IPDL):
October, 2002 Tokyo, Osaka, Aichi and Kagawa
November, 2002 Hokkaido, Miyagi and Fukuoka
January, 2002 Hiroshima
Training courses for national and foreign participants
See previous/next items.
Assistance to developing countries (sending consultants and experts, receiving trainees from developing countries, etc.)
a) Activities and assistance through WIPO Funds-in-Trust/Japan
1) Sending experts
The JPO sent 2 expert officials to the Department of Justice and Human Right Republic of Indonesia, Directorate General of Intellectual Property Rights, and 1 official to the National Office of Intellectual Property of Vietnam to provide training and advice in such areas as the design system and design examination.
2) In cooperation with the JIII, the JPO accepted 62 trainees in total from the People's Republic of China, the Republic of Indonesia, Malaysia, the Republic of the Philippines, the Kingdom of Thailand, the Independent State of Papua New Guinea, the Socialist Republic of Viet Nam, the People's Republic of Bangladesh, the Kingdom of Bhutan, the Kingdom of Cambodia, the Republic of the Fiji Islands, India, the Islamic Republic of Iran, the Lao People's Democratic Republic, Mongolia, the Union of Myanmar, the Kingdom of Nepal, the Islamic Republic of Pakistan and the Democratic Socialist Republic of Sri Lanka (19 countries) for training on Industrial Property Administration, the Enforcement of the Intellectual Property Rights, the Examination Practices of Industrial Property Rights, and the Use of Information Technology in Industrial Property Administration.
b) Assistance to developing countries using other institutions
1) Under the Japan International Cooperation Agency (JICA) scheme, the JPO sent 2 expert officials to the Intellectual Property Corporation of Malaysia to provide training and advice in such areas as the design system and design examination.
2) Modernization of Intellectual Property Administration
Under the JICA scheme, the JPO carried out the following projects in the Socialist Republic of Viet Nam and in Malaysia;
The Socialist Republic of Viet Nam: In April 2000, the JPO began the "Modernization of Industrial Property Administration Project in Viet Nam",a four-year project for the modernization of administrative procedure at the National Office of Industrial Property of Viet Nam. This project is aimed at developing human resources through the automation of the administrative works.
Malaysia: From 2002, under the JICA development study scheme, the JPO is going to support establishing a design application processing system and enhancing further modernization of industrial property administrative procedures to promote human resource development and computerization and information processing cooperation.
3) Training for government officials
In cooperation with JICA, the JPO provided a group training course on intellectual property for government officials from developing APEC economies involved in intellectual property right administration and examination. 17 officials in total from the Republic of Chile, the People's Republic of China, the Republic of Indonesia, the Republic of the Phillipines and the Socialist Republic of Viet Nam attended the training course. Patent information lectures and practical training regarding searches were provided.
The JPO sent expert officials to the Republic of Malaysia, the Republic of Philippines and the Socialist Republic of Viet Nam and invited a total of 9 counterparts from these countries for specialized training such as lectures on computer-related technology and practical training.
The JPO held industrial property right enforcement seminars in the People's Republic of China and the Republic of Singapore. 35 participants from the enforcement-related governmental agencies in the People's Republic of China and 29 participants form 5 Asian countries including the Republic of Singapore attended the seminar.
4) Training for private sectors
In cooperation with the Association for Overseas Technical Scholarship (AOTS) and the JIII, the JPO held a total of 8 industrial property right training courses. Lectures were given on industrial property rights in general, including industrial property right information searches. 131 participants from the Republic of Chile, the People's Republic of China, the Republic of Indonesia, Malaysia, the United Mexican States, the Republic of the Philippines, the Kingdom of Thailand, the Independent State of Papua New Guinea, the Socialist Republic of Viet Nam, the Kingdom of Cambodia, India, the Lao People's Democratic Republic, Mongolia and the Union of Myanmar attended the seminar.
c) Production project of CD-ROMs containing laws and regulations related to intellectual property rights
In order to assist intellectual property Offices in developing countries, in which domestic laws on intellectual property rights are being established, the JPO has been engaged in the "Project to Assist in Gathering Information Related to Overseas Industrial Property Right Systems." Under this program, laws and regulations related to the industrial property rights of major developed and developing countries are translated into English, if necessary, and recorded on CD-ROM, to which a search function is added.
In fiscal year 2002, industrial property right laws (including laws and enforcement rules) from a total of 54 countries and a total of 14 international agreements were recorded on CD-ROM and provided without charge to developing countries, mainly in the APEC region. Information from the Argentina, Australia, Austria, Belarus, Belgium, Brazil, Bulgaria, Canada, Chile, China, Chinese Taipei, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Indonesia, Italy, Japan, Luxembourg, Malaysia, Mexico, The Netherlands, New Zealand, Norway, The Philippines, Portugal, The Republic of Korea, Romania, Singapore, Slovakia, Spain, Sri Lanka, Sudan, Sweden, Switzerland, Thailand, Turkey, The UK, The US, Viet Nam, Ireland, India, Latvia, Liechtenstein, Lithuania, Peru, Russia, Saudi Arabia, Ukraine, Benelux Union, Eurasia Patent Office, EPO, European Community, Budapest Treaty, Madrid Agreement & Protocol, NAFTA, Paris Convention, PCT, Trademark Law Treaty, and TRIPS. The JPO intends to increase the number of countries and laws covered under this program.
IX. Other relevant matters
a) A Cross-reference table between Locarno International Classification for Industrial Designs and Japanese Design Classification (concordance data)
In order for effective use of the Japanese Design Gazette as examination documents in foreign countries, the JPO established the cross-reference table between International Classification for Industrial Designs and Japanese Design Classification (concordance data). As reference information, the JPO lists International Classification in the gazette in addition to Japanese Design Classification.
b) English translation of the Japanese Design Classification
In order for effective use of Japanese Design Gazette and concordance data in foreign countries, the JPO established English translation of the Japanese Design Classification.
c) Information on reference documents
The JPO provides in Design Gazettes information on designs which examiners referred in the process of examination for the registered design.