|PCT, International Applications
||Referenced Items (394, 395, 396, 397, 398, 399, 400, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419)
(399) Modification to the Arrangement between the United States Patent
and Trademark Office and the Japan Patent Office Concerning
Action of the Japan Patent Office as an International Searching
Authority and Preliminary Examining Authority under the Patent
Cooperation Treaty for International Applications Received by
the United States Patent and Trademark Office
Whereas an Arrangement between the United States Patent and Trademark
Office (hereinafter "USPTO") and the Japan Patent Office (hereinafter
"JPO") Concerning Action of the JPO as an International Searching Authority
and Preliminary Examining Authority under the Patent Cooperation Treaty for
International Applications Received by the USPTO exists and is currently
effective through June 30, 2018.
Consistent with Sections 7(2) and 8 of said Arrangement, the USPTO and
the JPO ("the Participants") seek to renew this Arrangement with the
A. Section 1 of the Arrangement is hereby replaced by the following:
(1) The JPO intends to act as an International Searching Authority
and International Preliminary Examining Authority under the Patent
Cooperation Treaty for international applications filed with the
USPTO as Receiving Office insofar as the following conditions are
(i) the international applications are submitted in the English
(ii) The JPO has not received more than 8,400 international
applications from the USPTO during the 5-year period from July 1,
2018, to June 30, 2023, and not more than 300 applications per
quarter during the first and second years, and not more than 500
applications per quarter during the third, fourth, and fifth
(2) Consistent with paragraph (1), the JPO intends to act as an
International Preliminary Examining Authority only where the JPO had
acted as the International Searching Authority.
(3) The USPTO intends to inform the International Bureau, pursuant to
the Patent Cooperation Treaty (hereinafter the "PCT") Rules 35 and
59, that the JPO is competent for the searching and international
preliminary examination under paragraphs (1) and (2) of this Section
of this Arrangement.
B. Section 4 of the Arrangement is hereby replaced by the following:
Conduct of technical and procedural matters including transfer of
fees and exchange of documents is as specified in Annex A of this
C. Section 7 of the Arrangement is hereby replaced by the following:
(1) This Arrangement comes into effect upon July 1, 2015.
(2) The USPTO and the JPO intend that this Arrangement end on
June 30, 2023, or upon the termination of the Agreement between the
JPO and the International Bureau if such termination is earlier. The
USPTO and the JPO may continue this Arrangement by mutual written
consent upon any renewal of the said Agreement between the JPO and
the International Bureau.
D. Section 11 of the Arrangement is hereby replaced by the following:
| Top of Notices (399) December 29, 2020
||US PATENT AND TRADEMARK OFFICE
||1481 CNOG 2817
Annex A is part of this Arrangement.
E. Section 12 of the Arrangement is hereby modified to replace the words
"Annex B" with the words "Annex A."
F. Annexes A and B are deleted and replaced with Annex A as included in
Attachment 1 to this Modification.
G. All other Sections of the original Arrangement remain unchanged by
H. This Modification becomes effective upon signature by both
June 29, 2018 June 29, 2018
For the United States Patent For the Japan Patent Office
and Trademark Office
ANDREI IANCU NAOKO MUNAKATA
Under Secretary of Commerce for Commissioner of the JPO
Intellectual Property and
Director of the USPTO
[1454 OG 52]