Examiner Exchange Program (Joint Prior Art Search Program)Back
Overview
The Examiner Exchange Program (Joint Prior Art Search Program) is applied to patent applications commonly filed to two offices. Participating examiners analyze the results of examinations and prior art searches, compare examination practices and share examination know-how. Examiners also visit the counterpart to experience its examination system and practices, to improve their understanding of the patent system and to benchmark the strengths of those systems.
Background
The program aims to improve the examination quality of participating offices and build a foundation for the collaborative use of examination results in the future.
As of today, KIPO has implemented a series of examiner exchange programs (joint prior art search programs) with JPO(19th), CNIPA(18th), DPMA(10th), TIPO(3rd), and INPI(1st). The program was temporarily suspended in 2020 and 2021 due to the COVID-19 pandemic and resumed in the second half of 2022.
*JPO(Japan Patent Office), CNIPA(China National Intellectual Property Administration), DPMA(Deutsche Patent- und Markenamt), TIPO(Taiwan Intellectual Property Office), INPI(Institut National de la Propriété Industrielle, France)
Current status of the Examiner Exchange Program
| KIPO-JPO | KIPO-CNIPA | KIPO-DPMA | KIPO-TIPO | KIPO-INPI | |
|---|---|---|---|---|---|
| 2000 | H01J | - | - | - | - |
| 2001 | C07C | - | - | - | - |
| 2002 | H01L | - | - | - | - |
| 2003 | B60L, F02D | A61K | - | - | - |
| 2004 | G06F, H01M | H04B | - | - | - |
| 2005 | A61F, H01L, S | B23B, C08L, C08G, G02F, G06F | - | - | - |
| 2006 | B25J, H01L | F24C, B60R,H01L, H01R | G09G, G06F | - | - |
| 2007 | E04C, H04N | KIPO-CNIPA evaluation meeting of the joint prior art search program |
H01L, G02F | - | - |
| 2008 | A61K, D06F | F25B, H04B, L, Q | F01M, C08G | - | - |
| 2009 | G09G 3/36, H02K, H01M 8 | A61N, H01L | F25D 23, C12Q 1, H01L 33, H04B 7/26 |
- | - |
| 2010 | H05B 33, G06F 3, H05K 3, H04N 5 |
F02D 3, C12N, H01R 33, H04W |
- | - | |
| 2011 | H01M, H04L | B60R, C07D, H01L, G11C |
- | - | |
| 2012 | G03F, G11B | H02K, G11B | - | - | |
| 2013 | B63B, J, C09K, H01L, G02F |
F04B, C, D, C08F, L | H02K, H01L 31, B60W 30/06, A61K 31 |
- | - |
| 2014 | G01R, H01R, C08L, G06F |
G02B, F27B | - | - | |
| 2015 | H01M, G06Q, H01L, H04N |
C07D, G06F | G01M, H01L, B60W, B60R |
- | - |
| 2016 | G02F, G07F F24D, A23L |
- | - | ||
| 2017 | G06F, A61K, C07F | G06Q, G06Q, A61B, B32B, F16J |
A01H, H02J, C07C, C07D |
- | - |
| 2018 | A61K, H04B, A61B | - | - | ||
| 2019 | G02B, G01H, A61F | C09K, G06F, H04L, C12N |
F16L, B60H, B01D, A61H |
- | - |
| 2020 | - | - | - | - | - |
| 2021 | - | - | - | - | - |
| 2022 | - | - | - | - | A61K, B60W |
| 2023 | - | - | - | - |
Major contents
- Participating offices jointly conduct examinations of the applications commonly filed with the both offices.
- The examinations’ results are compared and discussed.
- Examiners visit the counterpart patent office to experience the examination systems and practices.
Procedures
1) Selection of technology fields having the patent classification(IPC/CPC)
- The technology fields(IPC/CPC), for which a joint examination is conducted, are selected by the participating offices through prior discussions.
- The technology fields may be proposed by the participating offices in an alternative way.
- Eligible examiners are selected in either side according to the technical fields.
2) Selection of eligible applications
- ※ An eligible application is selected on the following criteria:
- √ The application must be filed with both offices.
- √ The applicant must be a national of either side.
- √ The application is preferably not to be examined in either side.
3) Prior art searches and examinations prior to exchange of examiners
- Prior art searches under the program are conducted in the same manner as the one for a general application.
- When performing prior art searches, examiners consider all the reasons for rejection, encompassing lack of unity of invention, insufficient disclosure of the invention, lack of patentability, etc.
4) Discussion of examination results during exchange of examiners
- Participating examiners compare and discuss the examination results.
- Examiners are given an opportunity to benchmark search techniques, examination methods, etc. of the counterpart.
- Last updated 15 January 2025
- Patent Legal Administration Division