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Patent at International Level

Patent at International Level. By Dr. Rajeshkumar Acharya. The Idea of International Patent System is based on Mutual Recognition of, Single Patent Granted from a Single Application , which should be obtained Quickly Inexpensively. Reasons for this thinking are.

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Patent at International Level

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  1. Patent at International Level By Dr. Rajeshkumar Acharya MarkPatent.Org

  2. The Idea of International Patent System is based on Mutual Recognition of, Single Patent Granted from a SingleApplication, which should be obtained • Quickly • Inexpensively. MarkPatent.Org

  3. Reasons for this thinking are • (i) The Application And Maintenance Costs Of A Patent Are Burdensome For Individual Investors And Small Businesses, • (Ii) The Duplication Of Effort Involved In Granting Patents. MarkPatent.Org

  4. The substantive standards for • Granting patents • the basis for searches • Examinations Areimportant considerations to be Negotiated for efficient working of Such a system • In addition, patent applicants around the world should have confidence that those 44mutually accepted standards would be applied objectively in each patent office conducting the searches and examinations. MarkPatent.Org

  5. The Director General of World Intellectual Property Organization (WIPO) has already announced : • a new initiative—the WIPO Patent Agenda-which is intended to launch worldwide discussions for the purpose of preparing a strategy blueprint for the future evolution of the international patent system. • Its main purpose is to create mechanisms and programmes whereby inventors and industry have access to national, regional and internationally effective patent protection system, which enable them to obtain, maintain and enforce their patents globally. MarkPatent.Org

  6. Though at present, there is no such system, the foundation for it exists in the • Patent Cooperation Treaty (PCT) • Patent Law Treaty (PLT) • Trade Related Aspects Of Intellectual Property Rights (TRIPS) Agreement. MarkPatent.Org

  7. The PCT simplifies the process of obtaining patent rights internationally for patent applicants. • It Provides A Common Facility To Conduct International Searches Of Prior Art For Patent Applications. • PCT establishes the priority of an application at the international level. • This process gives applicants • Sufficient time to assess the market potential of their patent in different countries, • To think their strategy before proceeding with national filing. MarkPatent.Org

  8. A PCT Application Is Published As A “WO” (For WIPO) Document. • To streamline the process and make it a lot simpler, the PCT is being further reformed. An important factor in the PCT’s success has been the constant evolution of the system in which particular regard has always been paid to the needs of both applicants and offices. MarkPatent.Org

  9. . • The Treaty itself was amended • in 1979 • in 1984 • in 2001. • However, efforts aiming at a more substantial reform of the PCT began in October 2000, when the Assembly of the PCT Union endorsed an initiative for a concerted effort to reform the Treaty. MarkPatent.Org

  10. In addition, PCT procedures are revised on an ongoing basis by amendment of the Regulations and the Administrative Instructions • PCT has succeeded in simplifying and rendering more economical the obtaining of protection for inventions throughout the world. • Having been in practical operation for so many years, the PCT has witnessed increasing number of Contracting States and international applications field. MarkPatent.Org

  11. 123 countries are now members of PCT and can be designated • In an international application, • In the European Patent Office, • ARIPO Patent Office, • Eurasian Patent Office • The OAPI Patent Office MarkPatent.Org

  12. The Number of International Patent Applications filed in 2003 using the PCT, • exceeds 110,000 for the third consecutive year, • with users from the USA topping the list. MarkPatent.Org

  13. MarkPatent.Org

  14. THE HIGHLIGHTS OF THE ANNUAL REPORT • the number of patent applications originating in the India were 2371 contributing 22.38% of the total number of applications filed during the years. • Out of the 2371 applications originating in India, Delhi accounted maximum number of application (678) followed by Maharashtra (650), Tamil Nadu (220) and west Bengal (161). Conti…. MarkPatent.Org

  15. ….. • Out of 10,592 applications, the number of national phase applications for patent filed at the designated office/ elected office in India during the year was 6351. • The united states filed the maximum number of applications (2351) followed by • Germany (877), • Japan(460), • Great Britain(418), • Switzerland (283) • France (281). Conti.. MarkPatent.Org

  16. ….. • The records of the international bureau of WIPO show that out of 1,00,022 copies of international applications received by the bureau, the number of international applications, in which India was designated was 76,374, contributing 76.35% of said total number of record copies during the year. Conti.. MarkPatent.Org

  17. …… • A total of 656 applications were accompanied by provisional applications while the remaining 9936 applications were accompanied by complete specifications. • A total of 5,104 applications were examined during the year and 44,281 applications were awaiting examination at the end of the Year. Conti.. MarkPatent.Org

  18. .... • 1591 patents were sealed during the year. Of the 654 belonged to Indians and 937 to foreigners. • Out of the total 8,320 Patents in force, 1578 patents stood in the name of Indians. MarkPatent.Org

  19. The first big change recently made to the Pct system is that : • Applicants Are Now Entitled To An Automatic National Phase Entry Deferral Of At Least 30 Months In Most Countries. • There is no need to file a PCT Demand for international preliminary examination in order to obtain the 30 month deferral, since it is provided for under Chapter I of the revised PCT Regulations MarkPatent.Org

  20. The applicant still obtains the benefit of the international search report and, in concert with that, comments in respect of the relevance of the prior art to the invention claimed in the international application. • Another change in the regulations that affects international applications is the elimination of the previous requirement to designate countries at the time of filing. Conti.. MarkPatent.Org

  21. … • The international application now automatically designates all countries available at the time of filing so that the applicant need no longer decide on what countries to designate in an international application. • This has removed the risk of inadvertently omitting the designation of a country that has newly ratified the PCT. MarkPatent.Org

  22. Traditional Patent Systems • Months Local patent application followed within 12 months by multiple foreign applications claiming priority under Paris Conventions. • multiple formality requirements • multiple searches • multiple publications • multiple examinations and prosecutions of application • translation and national fees required at 12 months some rationalization because of regional arrangement ARIPO, EAPO, EPO, OAPI MarkPatent.Org

  23. PCT Systems Months MarkPatent.Org

  24. Local patent applications followed 12 months by International Application under the PCT, claiming Paris Convention priority, with “National Phase” commencing at 20 or 30 months (At the applicant’s option) • One set of formality requirements • International Search • International Publication • International Preliminary Examination • International application can be put in order before National Phase • Translations and national fees required at 20 or 30 months, and only if applicant wishes to proceed MarkPatent.Org

  25. International Searching Authority and Preliminary Examination Authority • AT Austrian Patent Office • AU Australian Patent Office • CA Canadian Patent Office • CN China Intellectual Property Office • EP European Patent Office • ES Spanish Patent and Trademark Office • FI National Board of Patents and Registration of Finland (Starting date to be announced) • JP Japan Patent Office • KR Korean Intellectual Property Office • RU Russian Patent Office • SE Swedish Patent Office • US United States and Trademark Office MarkPatent.Org

  26. Field of Technology • The main fields of technology to which published international applications related were physics, chemistry and metallurgy, and electricity. The chart below shows the breakdown of PCT applications published in 2003 according to the eight main technical fields of the International Patent Classification (IPC). • PCT applications published in 2003: breakdown according to the main technical fields under the IPC Main technical fields (sections) under the IPC: • A Human necessities • B Performing operations; transporting • C Chemistry; metallurgy • D Textiles; paper • E Fixed constructions • F Mechanical engineering; lighting, heating, weapons, blasting • G Physics • H Electricity • For information on the specific contents of each main technical field, consult the IPC MarkPatent.Org

  27. Thank you MarkPatent.Org

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