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Resolving Patent Backlogs at TIPO

Resolving Patent Backlogs at TIPO. Intellectual Property Office Ministry of Economic Affairs. Outline. Introduction Measures to Improve Examination Efficacy since 2009 Implementation measures to Be Taken When Backlog Cleanup Project is Approved Expected Results. 2.

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Resolving Patent Backlogs at TIPO

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  1. Resolving Patent Backlogs at TIPO Intellectual Property Office Ministry of Economic Affairs

  2. Outline • Introduction • Measures to Improve Examination Efficacy since 2009 • Implementation measures to Be Taken When Backlog Cleanup Project is Approved • Expected Results 2

  3. A. Introduction (1/2) 1. Main issues to major advanced countries - increasing patent backlog and extended total pendency 2. Keys to solve above problems - increasing examiners, forming external organizations, and setting up comprehensive patent search database 3. To resolve patent backlog problem at TIPO, a Patent Backlog Cleanup Project is proposed 3

  4. A. Introduction (2/2) Number of Applications Fig.1 Number of pending applications, cases of requesting for substantive examination and applications concluded at TIPO 4

  5. B. Measures to Improve Examination Efficacy since 2009 (1/5) 1. Increasing number of concluded case per year • Application concluded has reached 89 cases/person/year in 2009 • 105 cases by 2010 and 110 cases by 2011

  6. B. Measures to Improve Examination Efficacy since 2009 (2/5) • This measure was adopted in 2010 • From January-July 2010, withdrawals have reached 2057 cases 2. Refunding withdrawn application

  7. B. Measures to Improve Examination Efficacy since 2009 (3/5) • Examination by each independent claim started in 2004, but fees were not collected by claim • From 2004 to 2009, 91% substantive examination request, and as high as 17.7 claims requested • To correct the problem of excessive claims in an application, a per claim fee is charged starting in 2010 3. Invention patent fee: by each independent claim

  8. B. Measures to Improve Examination Efficacy since 2009 (4/5) Charges by Claim—before and after 8

  9. B. Measures to Improve Examination Efficacy since 2009 (5/5) • Accelerated Examination Program (AEP) began on January 1, 2009. An application’s foreign counterpart has been granted under substantive examination by a foreign patent office • Expand scope of application in 2010 to allow the application’s foreign counterpart that has received an OA (issued by EPO, JPO or USPTO) during substantive examination • The invention application is essential to commercial exploitation 4. Using foreign patent search and examination results 9

  10. C. Implementation measures to Be Taken When Backlog Cleanup Project is Approved (1/5) • TIPO hired 60 new assistant examiners in 2010 • TIPO would need to amend its organization rules to make room for 39 examiners 1. Filling 39 examiner positions

  11. C. Implementation measures to Be Taken When Backlog Cleanup Project is Approved (2/5) • TIPO was assigned 100 alternative military draftees with R&D background from the Ministry of Interior in 2010 • These R&D draftees will only be responsible for patent search 2. Employing alternative draftees to assist with patent search

  12. C. Implementation measures to Be Taken When Backlog Cleanup Project is Approved (3/5) • This hiring measure must be in accordance with TIPO’s allowable number of employees • TIPO would need to amend its organization rules to hire 170 fixed-term examiners 3. Hiring 170 contracted examiners on 5-year term

  13. C. Implementation measures to Be Taken When Backlog Cleanup Project is Approved (4/5) 4. Peripheral organization to help with non-core affairs • Reference to IPCC and KIPI, set up peripheral organization mainly to assist with prior art search Measure • IP Affairs Center is under proposal Type of organization 13

  14. C. Implementation measures to Be Taken When Backlog Cleanup Project is Approved (5/5) 5. Set up patent development fund for use in patent affairs • Funding IP policy, patent affairs organizations or institutions, electronic examination environment, patent database, examiner trainings, international cooperation, patent protection work Purpose of the fund • A portion of the patent fee revenue, interests from the fund, donations and others Source of funding 14

  15. D. Expected Results • Expecting concluded cases to exceed incoming cases starting from 2011 • By 2014, pending applications would be reduced to 94,746 cases and average pendency would be reduced to 24 months • By 2015, contracted examiners’ 5-yr term of service ends, pending applications drop to 75,946 cases 15

  16. Thank you for your patience wei20208@tipo.gov.tw

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