International Activities

　　A trilateral meeting of patent offices (USPTO, EPO and JPO) & users was held on March 1, 2018 in Hakone, Japan. JPO Commissioner Naoko Munakata, USPTO Director Andrei Iancu, and EPO President Benoit Battistelli represented their respective patent offices. JIPA, AIPLA, IPO and Business Europe represented users at the meeting. Mr.Kondo, JIPA President; Ms. Miyashita, PJ Leader; Mr. Otsuka, WG Leader; and other committee members represented JIPA at the meeting.

　　Co-chaired by Ms. Munakata and Mr. Kondo, the patent offices and WIPO presented details of their latest activities, followed by a discussion of the following topics:

1. Substantive patent law harmonization
   　The B+ group gave an update of the status of current considerations related to harmonization of the grace period, conflicting applications, and a system for maintaining the right of prior use. Also discussed was the possibility of participation by stake holders outside the trilateral users, and this year’s upcoming B+ group meeting.

   　On the topic on harmonization of patent law, trilateral users organized a closed meeting in Tokyo to clarify and scrutinize the issues.

2. Examination practice of computer related inventions
   　JPO and EPO introduced comparative research regarding CII law, review standards, and cases; USPTO then expressed an interest in participating in this research. Following this introduction, the trilateral users requested participation in the project and smooth disclosure of result.

   　Furthermore, JIPA proposed the examination of common cases under respective standards in each country in order to minimize variation. JIPA also opined on the necessity for the adjudication of the patentability of data structures and examination of adjudication variations across technical fields.

3. Industry 4.0 and new technologies
   　This topic was raised by patent offices to deliberate how best to support industry from patent offices’ side with a common understanding of the influence of AI on users’ business solutions. Patent offices then requested that users introduce both business and administration work related to IP and employing AI.

   　Presentations were given by representatives of the trilateral users; AIPLA, IPO and JIPA. AIPLA overviewed the current challenges for the IP system in the face of ongoing Industry 4.0 development. Then IPO and JIPA made presentations regarding future possibilities for AI in IP related business. JIPA’s presentation was based on the outcome of research by a management committee, the detail will be published in “Chizai-Kanri” accordingly.

   　Expressing appreciation, patent offices commented on the need to consider both how to use new AI techniques in patent examination, and how to protect both these AI techniques and the raison d'etre of patent examiners.

　　The next Trilateral Patent Offices & Users Meeting will be organized by USPTO in the United States in 2019.