Re: Japanese Equivalents

From: Alan Engel (aengel@paterra.com)
Date: Fri May 31 2002 - 20:23:55 BST


Andy,

I don't know about T2 in CA or W in Derwent. However, I understand the
process to be the following:

1) The patent application is born and brought to the JPO where it is
named with a filing number, for example, H12-12311. Now, if it stayed
in Japan and went through the domestic process, it would eventually be
published with an A2 number, for example, 2003-198232A2.

2) However, the applicant decides to take this application to the PCT.
It comes back married and is given an new name or filing number, for
example, 2004-512342 (note the '5'). It also brings with it a WO
publication number. The JPO republishes the PCT document as an A1 with
its WO number. The JPO does remember its maiden number for priority
purposes but for other purposes uses its married number. In Patolis,
for example, you can display the original filing number field but you
cannot search it.

For example, look at WO0040610 on Espacenet. This document is based on
two priority filings in Japan, H11-1840 and H11-4426. It went of f to
Europe and when it came back was given an new filing number 2000-592318.
It's republication number in Japan is still WO 00/40610A1. There are
no other domestic type 'A' publications based on H11-1840 and H11-4426.

Alan

Berks, Andrew wrote:

Alan,
Is the original filing number you are referring to the T2 (used in CA)
or W (used in Derwent) kind code?
 
Andy
 
-----Original Message-----
From: aengel@paterra.com <mailto:aengel@paterra.com> [
mailto:aengel@paterra.com <mailto:aengel@paterra.com> ]
Sent: Friday, May 31, 2002 1:04 PM
To: Sara.K.Davis@gsk.com <mailto:Sara.K.Davis@gsk.com>
Cc: piug-l@derwent.co.uk <mailto:piug-l@derwent.co.uk>
Subject: Re: Japanese Equivalents

Sara,

As far as I have been able to observe, Japanese patent applications that
go the PCT route are pulled out of the JPO office process until they are
resubmitted as part of the Japanese domestic phase of the PCT process.
When they are pulled out, only the original filing number remains. (I
am sure that there are some internal processes for tracking them.) If
the applicant does not submit for the domestic phase, there will be no
Japanese equivalent.

If there are multiple Japanese priority applications for a PCT, you may
be able to find equivalent publications for the second and later
filings, but not for the first.

Perhaps someone from Patolis will add some light on Monday.

Alan

 <mailto:Sara.K.Davis@gsk.com> Sara.K.Davis@gsk.com wrote:

Does anyone know why a Pluspat record (data presumably from INPADOC)
includes information about entry of a PCT application into Japan, along
with the Japanese application number, etc., while the corresponding WPI
record has no Japanese family member?

It's old enough that I don't think it's just a matter of timing, and
this has happened to me once or twice before. I'm concerned that there
may be Japanese equivalents missing from WPI.

  - Sara Davis, GlaxoSmithKline-US

Sara K. Davis
Information Manager, Intellectual Property
Corporate Intellectual Property - Upper Merion
GlaxoSmithKline - US
Phone: (610)-270-6416
e-mail: <mailto:Sara.K.Davis@gsk.com> Sara.K.Davis@gsk.com

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