16) US & JP

Question 1

What prior art is non-prejudicial in the US?

Answer 1

If
1. An US/PCT application with an earlier filing date or
2. A NPL was published

within 12M before a PCT or US application

But must be derived from the same inventors/ commonly owned.

Question 2

In which countries are method of treatment claims not patentable?

Answer 2

1. UK
2. EP
3. Japan

NB. Allowable in US

Question 3

When was the cut-off date for the America Invent Act (AIA)
What did the system change to

Answer 3

EFD = 16 March 2013 (11Y ago)
When from F2Invent to a F2File system

Question 4

What exceptions to patentability does JP follow?
UK/EP
US?

Answer 4

UK/EP

Excluded from P :
- Medical treatment
- Business methods
- Game rules
- Presentation of info

Question 5

To use the 12M grace period in JP, what must be provided?

Answer 5

Provide proof within 30 days of filing JP patent application/ entering NPE

Question 6

When did the GP in JP change from 6M to 12M?

Answer 6

9 June 2018 (6Y ago)

Question 7

When is allowable in the US to file a divisional application?

Answer 7

Only when there has been a Restriction Requirement (non-unity) for matter included in the parent app

Question 8

When can/must you file a divisional application in JP?

Answer 8

Within:
- 30 days of Notice of grant
- 3M of Decision to refuse

Question 9

When is the DL for requesting examination in US vs JP?

Answer 9

US: on filing
JP: FD+3Y

Question 10

Of the states on the syllabus (JP, US, UK and EP), which offices apply the standard of “all due care” and which apply “unintentional”?

Answer 10

JP and EP –> All due care (stricter)
US and UK –> Unintentional