Invention Patent Adopted Item-by-item Inspection.　Quality of Inspection Raised Tremendously Administrative Relief Cases Decreased.

To uplift the quality of patent inspection, the Intellectual Property Office has started applying item-by-item inspection with respect to invention patents since July 1, 2004. It is to inspect and instance independent and subsidiary items in regard to the range of patent application. The cases that have not been finished with inspection so far (including the first inspection and re-inspection) have adopted the item-by-item inspection system. In addition, if an application of invention patent was believed that it should be disallowed after the first inspection, a notice of reasons of denial shall be issued in advance before the disallowance was finalized. This way, applicants are given the opportunity to appeal their opinions. In order to ensure the applicants’ rights, the first inspection interview was added, and “Patent Interview Operational Principles” was also amended and put into practice at the same time with the amended law. After its implementation, excellent effects have been displayed in uplifting the quality of inspection. Such effects may be seen from the decreasing numbers of application for administrative relief in patents and trademarks.

According to the statistics, there were 2,542 applications for administrative relief in 2002, while it had been lowered to 1,892 in 2003. There had been 1,362 applications up to the third season of 2004. As to the cases last filed for administrative litigation, there were 693 of them in 2002, 519 in 2003, and only 391 up to the third season of 2004. The numbers have shown a gradual decrease throughout the years. The administrative relief condition for the trademark cases was quite similar to that for the patent cases. There were 2,133 trademark cases in 2002, the number was reduced to 1,789 in 2003, and only 731 cases were left until the third season of 2004. The number of the cases last filed for administrative litigation, other than lessening year by year, it remained only 72 up to the third season of 2004. Apparently, a certain amount of acknowledgement has been given to the uplift of the quality of inspection. (2004.11)

CYJ/CHT