Caf 042008

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Common Application Format

During the November 2007 Trilateral Conference, the United States Patent and Trademark Office (USPTO), the European Patent Office (EPO), and the Japan Patent Office (JPO) agreed on a common application format. This format, which was developed in consultation with users from the three regions, will simplify and streamline application filing requirements in each Office to allow applicants to prepare a single application in the common application format for acceptance in each of the three Offices. Please click on links below to view the basic principles and requirements of the format: Basic Principles of the Common Application Format Annex I: Common Requirements for All Types of Documents Annex II: Comparative Table of Examples for Each Type of the Applications

Example Format
The following is an example of a patent application format which complies with the Common Application Format. For legibility purposes, each heading is indented in this paper. Description Title of Invention Technical Field 0001 Background Art 0002 Summary of Invention Technical Problem 0003 Solution to Problem 0004 0005 Advantageous Effects of Invention 0006

Brief Description of Drawings 0007 Fig. 1 Fig. 2 Description of Embodiments 0008 Examples 0009 0010 Example 1 0011 Example 2 0012 Industrial Applicability 0013 Reference Signs List 0014 Reference to Deposited Biological Material 0015 Sequence Listing Free Text 0016 Citation List Patent Literature 0017 Non Patent Literature 0018 Claims Claim 1 Claim 2 Abstract Drawings Fig. 1 Fig. 2 Sequence Listing

Implementation Status of the Common Application Format

EPO: The EPO is planning to implement the Common Application Format (CAF) in the beginning of 2009. Paper, PDF and XML format will be accepted. JPO: The JPO is preparing for the introduction of the Common Application Format in early 2009, except that the sequence listing is a separate part of the description and that the request contains the number of the figure of the drawings which the applicant suggests should accompany the abstract are scheduled to be introduced in 2011. USPTO: Current USPTO rules and procedure are consistent with the Common Application Format. While some of the requirements of the Common Application Format go beyond what the USPTO requires, the USPTO will accept an application in the Common Application Format.

Relation of the Common Application Format to the PLT and PCT The Common Application Format rationalizes divergent filing requirements applied in each of the Trilateral Offices. Noting that the Patent Law Treaty (PLT) has not yet come into force for any of the Trilateral Offices, some elements of the Common Application Format harmonize diverging filing requirements for national/regional applications filed in each of the Trilateral Offices by referring to the corresponding PCT provisions, which would apply prior to the PLT coming into effect for all of the Trilateral Offices. Other elements of the Common Application Format address issues not regulated by the PCT for which the offices have different practices. Still other elements pertain to issues that go beyond the PCT but, in terms of future development, represent what the offices consider to be appropriate means for addressing those issues. For further information, please contact Diana Oleksa at 571-272-3291.

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