Category: Patent

Patent Related Information

Minor Changes to UKIPO PCT Fees from 15 Oct 09

From 15 October 2009, there are minor changes to the International Fee and E-Filing reductions for PCT applications filed at the UKIPO:

International Fee:
a) For the first 30 sheets: changes from: £808 to £753;
b) For each sheet over 30: changes from: £9 to £8;

Reductions for E-filing:
Electronic filing (not character code): changes from £122 to £113;
Electronic filing (character code): changes from £182 to £170;

Transmittal / search / priority-doc-prep fees are unchanged.

Patent Forms 9A & 10

Patent Forms 9A and 10 have been updated by the UKIPO to include a request for consent to share the results of the search / examination with other patent offices.

PF9A has a new section 7; PF10 a new section 4; each feature a simple “yes”/”no” check box. Updated forms can be found here. The forms came into force on 4 Oct 2009 (announcement in the Journal was provided today).

I believe worksharing deals have been arranged with the Australian and Canadian Patent Offices to allow office-led sharing of search/examination documentation. I do not know of any sanctions for withholding consent.

The blurb on the back of the forms is as follows:

“In order to promote efficient and high quality patent processing internationally, we are cooperating with other patent offices to share the results of examination where they are available. If you are requesting that substantive examination takes place before your application is published we may accordingly receive a request from another patent office for the details of the examination we have carried out before your application is published and we could not provide those details without your consent. Any sharing will be carried out on a confidential basis and the results will not become publicly available through the other patent office before publication takes place in the UK.”

In other news: from 4th October 2009, a £10 fee reduction will be introduced for e-filed UK patent applications or e-filed search or examination requests.  There is also a new Priority Document Access Service from WIPO and some amendments to Civil Procedure Rules (CPR) Part 63.

Someone has been busy.

EPO CII OU

The EPO has released some new material that maybe useful for those that work with computer-implemented inventions:

e-learning slide-show:
Part I: http://academy.epo.org/e_learning/cii_module_i/player.html
Part II: http://academy.epo.org/e_learning/cii_module_ii/player.html

and revised Patents for Software booklet: http://www.epo.org/about-us/publications/general-information/patents-for-software.html?update

Whilst the more cynical among you may see these as hastily-rushed out PR-tools for the public spotlight of G3/08, I was actually quite impressed by the slide-shows (apart from the (mis)pronunciation of “patent”). Together they last about half-an-hour and may be useful as training for those pre-EQE or as a refresher for those with upcoming Appeals/Oral Proceedings in the CII area. As a warning though, they do contain sounds (and moving images).

EPO Update: Lithuania accedes to the London Agreement

On 22 January 2009, the Republic of Lithuania deposited its instrument of accession to the Agreement of 17 October 2000 on the application of Article 65 EPC (“London Agreement”, see OJ EPO 2001, 549). Under Article 6(2), the Agreement thus entered into force for Lithuania as 15th contracting state on 1 May 2009.

However, before you get too excited, those well-versed in your EPO National Law Tables will know that this “change” has no effect on the existing translation requirements in Lithuania.

The relevant provisions have already been transposed into domestic law and form the basis for the national practice (see Article 59(3)(2) and (3) Patent Law, as published in “Valstybės žinios” No. 85/2005). Lithuania does not require proprietors of European patents to supply a translation of the patent specification, irrespective of the language in which the Office granted the patent. However, a translation of the claims into Lithuanian is required.

Nice to see the Lithuanians joining the club though.  Sveiki, Lietuvos skaitytojai!

G3/08: amicus curiae briefs…

…have been published online at: http://www.epo.org/patents/appeals/eba-decisions/referrals/pending/briefs.html (for those with time on their hands).

Surprisingly, the majority appear to be from reputable parties, although I have not yet reviewed any for relevance or legal accuracy.

If anyone knows of, or discovers, a particularly useful or interesting submission please let me know.

UKIPO Green Channel

Green is the latest buzzword from the IPO. You can fast-track a UK patent application relating to green-ish inventions, see the notice at http://www.ipo.gov.uk/pro-types/pro-patent/p-law/p-pn/p-pn-green.htm

This appears to be nothing more than putting down “the invention is green” as an acceptable reason for accelerated Search, Combined Search and Examination, Publication, and/or Examination.

Generally, the UKIPO is pretty relaxed when it comes to reasons for acceleration and so this seems more a case of classic (“In the Thick of It”-style) political manoeuvring than anything else (as aptly demonstrated here: http://www.ipo.gov.uk/about/press/press-release/press-release-2009/press-release-20090512.htm ).

More (Uninspiring) EPO Updates

More Holidays for France

As well as the National Filing Office closures set out here:
http://www.european-patent-office.org/epo/pubs/oj009/01_09/01_0719.pdf

the French Institute for Industrial Property (INPI) is also closed on Friday, 22 May 2009 and Monday, 13 July 2009.

Brimelow to Go

Current EPO President Alison Brimelow will apparently not be staying on when her contract ends in June 2010:
http://www.iam-magazine.com/Blog/Detail.aspx?g=c54c7e9c-28e0-42cf-9e10-389812ad3e60 .