PCT Yearly Review - WIPO

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Section B performance of the pct system It is also noteworthy that the requirements of the United Kingdom Intellectual Property Office for its own PCT (UK) Fast Track service were relaxed with effect from June 8, 2012, so that it is no longer necessary for all claims to meet the requirements of novelty, inventive step and industrial applicability. B.6.2 PCT-PPH requests by international authority and office Table B.6.2 shows the distribution of PCT-PPH requests made in 2012 by ISA or IPEA and by designated or elected office. Requests for PCT-PPH fast-track patent examination made during the national phase grew by 60.8% in 2012, increasing from 2,847 requests in 2011 to 4,577 in 2012. The USPTO received 2,674 requests in 2012, making it the most chosen office of destination, followed by the JPO (1,021 requests) and SIPO (400). Out of 21 participating offices, 12 received requests for PCT-PPH fast-track examination in 2012. The international authorities (ISA or IPEA) the reports and opinions of which were most often relied upon as the basis of PCT-PPH requests in 2012 were the JPO (1,686 requests), followed by KIPO (1,230) and the EPO (936). Table B.6.2: Distribution of PCT-PPH requests by international authority and office of PCT national phase entry, 2012 International Office of PCT National Phase Entry Authority US JP CN EP KR CA AU RU PH SE MX ES Total Japan 427 769 181 196 96 8 5 3 1 1,686 Republic of Korea 964 12 205 49 1,230 European Patent Office 733 203 936 China 194 15 3 1 213 United States of America 129 11 14 25 15 5 9 0 1 209 Australia 104 6 110 Nordic Patent Institute 54 4 58 Canada 57 57 Sweden 41 5 0 46 Russian Federation 10 0 0 10 Austria 9 9 Finland 6 0 0 0 6 Spain 2 2 1 1 6 Israel 1 1 Total 2,674 1,021 400 221 163 57 11 11 8 5 4 2 4,577 Note: US (United States of America), JP (Japan), CN (China), EP (European Patent Office), KR (Republic of Korea), CA (Canada), AU (Australia), RU (Russian Federation), PH (Philippines), SE (Sweden), MX (Mexico), ES (Spain). Source: WIPO, based on data from the JPO, March 2013 78
Section b performance of the pct system B.6.3 Additional statistics on PCT- PPH applications The table below compares the July to December 2012 statistics for PCT-PPH applications with total patent applications for certain key elements of the patent examination procedure. Note that due to significant differences in patenting procedures among offices, a cross-office comparison is not relevant. The grant rate and percentage of the first action allowance are significantly higher for PCT-PPH applications, e.g., in the US 92% of PCT-PPH applications were granted but only 52% of all applications combined were granted. The difference in first action allowance between PCT-PPH applications (24%) and all applications (14%) is also significant. In addition, the pendency time is shorter and the number of actions reduced for PCT-PPH applications compared to all applications combined, e.g., in Japan the average final decision pendency was 3.8 months for PCT-PPH applications compared to 28 months for all applications combined. The average number of office actions was reduced to 0.5 for PCT-PPH applications compared to 1.1 for all applications combined. Table B.6.3: Additional statistics on PCT-PPH applications, July to December 2012 Office of PCT National Phase Entry Additional Statistics AU CA JP KR MX US Grant percentage (%) PCT-PPH Applications 100 100 96 87 100 92 All Applications combined 71 68 52 First action allowance percentage (%) PCT-PPH Applications 50 58 63 36* 50 24 All Applications combined 6 15 14 Average first action pendency (months) PCT-PPH Applications 1.2 1.6 2.3 2.2 2.7 5.9 All Applications combined 18.9 19.0 23.7 Average final decision pendency (months) PCT-PPH Applications 3.1 4.6 3.8 4.4 3.7 7.0 All Applications combined 37.8 28.0 33.8 Average number of office actions PCT-PPH Applications 0.7 0.3 0.5 0.5 All Applications combined 1.6 1.1 2.5 Note: AU (Australia), CA, (Canada), JP (Japan), KR (Republic of Korea), MX (Mexico), US (United States of America). * Number of decisions to grant a patent as first office action divided by total first office actions. Source: WIPO, based on data from the JPO, March 2013 79
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WIPO Economics & Statistics Series
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Acknowledgements The PCT Yearly Rev
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Table of contents A.5 Fields of Tec
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Table of contents C.1.3 Japan natio
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HIGHLIGHTS PCT applications grow by
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INTRODUCTION TO THE PATENT COOPERAT
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Introduction to the PCT Internation
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SPECIAL THEME HOW PCT ACCESSION AFF
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special theme Figure 2: Average fil
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special theme However, it may well
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Section A use of the pct system SEC
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Section A use of the pct system A.1
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Page 88 and 89: Annexes Statistical Table The follo
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Page 92 and 93: Annexes List of Acronyms EPC Europe
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Page 96 and 97: Annexes World Intellectual Property
Page 98: Annexes Additional Resources The fo
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