DOCSLIB.ORG

President's Activities Report SUBMITTED BY

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
President's Activities Report SUBMITTED BY CA/88/17 Orig.: en Munich, 22.09.2017 SUBJECT: President's activities report SUBMITTED BY: President of the European Patent Office ADDRESSEES: Administrative Council (for information) CA/88/17 e 2017-2232 - I - TABLE OF CONTENTS Subject Page I. INTRODUCTION 1 II. PERFORMANCE 1 A. DG 1 WORKLOAD AND PRODUCTION 1 a) Filings and applications 1 b) Efficiency 2 c) Publications 4 d) Time to publication of the patent 4 III. MEASURES TAKEN IN DG1 TO IMPROVE PERFORMANCE QUALITY AND SERVICE 6 A. DG1/DG2 REORGANISATION 6 B. EXAMINER RECRUITMENT IN 2017 7 C. "ESPRIT DE SERVICE" 8 a) "Esprit de service" | "ViCo for oral proceedings" 8 b) "Esprit de service" | Customer relationship management (CRM) 9 c) "Esprit de service" | Praktika Extern 2017 9 d) "Esprit de service" | 1LCS 10 D. DG1 QUALITY ACTION PLAN 11 a) Proactive workload management 11 b) CASE – Conformity Assurance for Search & Examination 11 c) Classification 12 d) Added subject-matter 12 e) Novelty, inventive step and clarity 12 f) Non-unity 12 g) Opposition 12 h) Individual quality objectives 13 i) Asian documentation 13 E. INFORMATION AND COMMUNICATION TECHNOLOGY (ICT) AND IMPACT OF INDUSTRY 4.0 ON DG1 14 F. CONTINUOUS KNOWLEDGE TRANSFER 15 a) Peer-to-peer lectures 15 b) Tip of the day 16 c) EPeOple 16 CA/88/17 e 2017-2232 - II - G. PROCEDURES 16 a) Early Certainty from Search (ECfS) 16 b) Extension of Early Certainty to examination and opposition 17 c) Informing the applicant of the imminent start of examination 19 d) PCT Direct 19 e) Guidelines for Examination 20 f) Amended Rules 32 and 33 EPC as of 1 October 2017 (expert solution) 21 H. CLASSIFICATION 21 a) Training activities for the Cooperative Patent Classification (CPC) 21 b) Quality measures in the CPC 22 c) Data exchange 22 d) Interaction with CPC users 22 e) CPC and the IP5 offices 22 f) Offices' participation in the CPC 23 g) Other benefits related to classification 24 IV. IT AND AUTOMATION PROJECTS 25 A. ITR – DELIVERIES FOR EXAMINERS 25 a) Delivering future IT systems 25 b) Improvements to current tools 26 c) Adapting tools in support of EPO strategies 26 B. IT DELIVERIES FOR BUSINESS SUPPORT 27 V. BUILDINGS AND PROCUREMENT 28 A. NEW MAIN THE HAGUE 28 B. OTHER BUILDING PROJECTS 29 a) Security 29 b) Ongoing building projects and facility management 29 VI. QUALITY 30 A. QUALITY MANAGEMENT STRATEGY AND INDICATORS 30 a) SACEPO – Standing Advisory Committee before the EPO 31 B. USER CONSULTATIONS AND SURVEYS 31 C. COMPLAINTS 32 VII. HUMAN RESOURCES 33 A. RECRUITMENT AND CAREER 33 a) Examiner recruitment 33 b) DG1/DG2 reorganisation 33 CA/88/17 e 2017-2232 - III - B. HEALTH AND WELL-BEING 34 C. SOCIAL DIALOGUE 34 a) Staff Committee elections: 34 b) Strike 35 D. INTERNAL COMMUNICATION AND CHANGE MANAGEMENT 35 E. REVISION OF THE SERVICE REGULATIONS – STANDARDS OF CONDUCT AND REFORM OF THE INTERNAL JUSTICE SYSTEM AT THE EUROPEAN PATENT OFFICE 36 VIII. EPN 36 A. CO-OPERATION WITH MEMBER STATES 36 B. EUROPEAN PATENT ACADEMY 38 a) Institutional Strengthening 38 b) Judicial training 39 c) Professional representatives 39 d) Innovation support 39 e) Academia 40 f) Didactics 41 C. CO-OPERATION WITH THE EUIPO 41 D. REPRESENTATION BEFORE THE EPO 41 E. EUROPEAN PATENT REGISTER 41 F. PATENT INFORMATION 42 IX. the EPO AS A GLOBAL PLAYER 44 A. INTERNATIONAL ORGANISATIONS 44 B. BILATERAL RELATIONS 44 a) Validation system 44 b) Technical co-operation 45 C. IP5 CO-OPERATION 46 a) Patent Prosecution Highway (PPH) 47 b) Patent Harmonisation Expert Panel (PHEP) 47 D. TRILATERAL CO-OPERATION 48 E. COOPERATIVE PATENT CLASSIFICATION 48 F. CO-OPERATION WITH WIPO 48 G. STRENGTHENING THE PCT 48 H. SUBSTANTIVE PATENT LAW HARMONISATION 50 CA/88/17 e 2017-2232 - IV - X. UNITARY PATENT/UNIFIED PATENT COURT 51 A. UNITARY PATENT 51 B. UNIFIED PATENT COURT (UPC) 51 C. UNITARY PATENT PROTECTION DIVISION 52 XI. The EPO AND SOCIETY 53 A. ANNUAL REPORT 2016 53 B. EUROPEAN INVENTOR AWARD 53 C. CLIMATE CHANGE, GREEN TECHNOLOGIES AND BIOTECHNOLOGIES 56 a) Clarified practice in the area of plant and animal patents 56 b) EPO-CPVO co-operation 56 XII. CONCLUDING REMARKS 57 XIII. RECOMMENDATION FOR PUBLICATION 57 CA/88/17 e 2017-2232 I. INTRODUCTION In order to ensure transparency and enhance reporting of Office activities to the Council, a comprehensive overview of the year just passed is presented to each March meeting of the Council. This present interim report thus describes the principal developments so far in 2017; the full account will be presented in March 2018. II. PERFORMANCE A. DG 1 WORKLOAD AND PRODUCTION a) Filings and applications Up to July 2017, 97 330 European patent applications (European direct applications filed in 2017 and PCT applications entering the European regional phase in 2017) were recorded. This represents a 5.8% increase over the corresponding figure for 2016. Up to June, the number of EP patent filings including international PCT filings amounted to 148 036, 5.2% above the corresponding figure for 2016. EPO Applications Budget 160.000 159.300 161.000 152.700 150 000 125 000 100 000 75 000 Data extracted Data extracted 21-08-17 50 000 22-08-16 97 330 91 993 +5.8% 25 000 0 2014 2015 2016 2017 CA/88/17 e 1/57 2017-2232 b) Efficiency Since January and up to the end of July 2017, the Office received 134 341 search requests (+3.1%) as well as 88 978 requests for European examination (+5.6%). This represents an increase of 4.0% in the overall workload compared to the same period of 2016. Provisionally, for the first half of 2017, the share of the EPO as ISA was 33.6% (35.0% for the same period of 2016). After 7 months in 2017, the examiners' output reached 246 704 search, examination and opposition products, 4.5% above the corresponding 2016 figures. The Strategic Orientations document (CA/19/11) and subsequent roadmaps presented the Quality and Efficiency Scenario as the backbone of the strategic goals that are to be supported by the EPO roadmaps. In this framework, it is the goal of the Office to keep its overall staff complement constant while increasing its production in ways sufficient to manage the workload. The figure below outlines the success of this strategy whereby the number of full-time equivalent employees has decreased while the number of products produced by each FTE is increasing, a clear marker of the improved efficiency of the Office. Paid man years Products per FTE (FTE) 7 000 66 63.6 6 900 64 61.9 6 800 62 60 6 700 58 6 600 56.5 56 6 500 6 526 54 6 400 6 455 6 472 6 436 6 429 6 401 6 420 52 6 300 50 49.8 6 200 49.0 48 48.4 6 100 47.7 46 6 000 44 2011 2012 2013 2014 2015 2016 Aug 2016 ‐ July 2017 Paid man years, FTE SEO Products / FTE CA/88/17 e 2/57 2017-2232 The increased production from January to August 2017 is mainly the result of an increase in core capacity with 76 additional examiners, a continuing reduction of sickness levels, combined with close control of investments in non-core activities. This capacity increase has allowed about 8 100 more products to be produced compared to 2016 (+3.2%) whilst a further improvement in productivity resulted in about 3 000 more products being produced compared to 2016 (+1.1%). DG1 has indeed continued its efforts to “focus on core” aiming at concentrating a maximum of resources on search, examination and opposition work. This means that investments requiring examiner resources have been carefully considered and, where possible, the system of “paid work packages” has been used. To the end of August, DG1 was able to concentrate some 90% of its gross examiner capacity on core business, including the time needed for personal development, quality management and classification activities. Early Certainty timeliness So far in 2017, the EPO completed searches on average 4.9 months after the date of receipt of the files (5.3 for the same period in 2016). The notification of the intention to grant (IGRA) was issued on average 22.6 months from the date on which examination started (23.3 in 2016). The opposition divisions issued their decision within 23.7 months from the date on which the opposition file was received (25.4 in 2016). With +4.3% more production than last year for the same period (January-August), the Office is able to implement its strategy of stocks reduction according to the Early Certainty objectives. This production increase is now essentially originating from more examination products. Indeed, the search stock has almost reached the desired level and more and more focus is put on reducing the examination stock. The past increase in search production has led to a temporary increase in the new examination workload (+14% vs January-August 2016) which – thanks to the increased examination production – has been fully absorbed: in August 2017, the DG1's total pending workload has been reduced to 498 000 products (-2% vs end 2016) despite a high increase (+6%) in the new search and examination workload. This pending workload represents 14.1 months of work (vs 14.7 at the end of 2016). CA/88/17 e 3/57 2017-2232 c) Publications By the end of July 2017, the EPO had published 57 870 European patents, which is 11% more than the first eight months of 2016.
Load more

Recommended publications
  • En Munich, 26.09.2019 SUBJECT: President's Activities Report SUBMITTED BY
    CA/88/19 Orig.: en Munich, 26.09.2019 SUBJECT: President's activities report SUBMITTED BY: President of the European Patent Office ADDRESSEES: Administrative Council (for information) CA/88/19 e 2019-7203 - I - TABLE OF CONTENTS Subject Page I. INTRODUCTION 1 II. GOAL 1: BUILD AN ENGAGED, KNOWLEDGEABLE AND COLLABORATIVE ORGANISATION 1 III. GOAL 2: SIMPLIFY AND MODERNISE EPO IT SYSTEMS 6 IV. GOAL 3: DELIVER HIGH-QUALITY PRODUCTS AND SERVICES EFFICIENTLY 10 V. GOAL 4: BUILD A EUROPEAN PATENT SYSTEM AND NETWORK WITH A GLOBAL IMPACT 21 VI. GOAL 5: SECURE LONG-TERM SUSTAINABILITY 37 VII. RECOMMENDATION FOR PUBLICATION 42 CA/88/19 e 2019-7203 I. INTRODUCTION Transparency of the Office's activities is ensured through regular reporting to the Council. The present report outlines the major developments and most relevant endeavours characterising 2019 so far. In June the Council unanimously approved the Strategic Plan 2023 (SP2023) that encompasses the five strategic goals the Office will pursue to evolve into a sustainable office that delivers excellence. Until now the reporting had a configuration linked to the various business areas and to the relevant departmental subdivisions, focusing more upon the operations of the Office. This report seeks to gradually move towards a report that more closely reflects SP2023, following its structure and describing the achievements in the various goals and key initiatives. This report therefore needs to be understood as a transitional one that will improve alongside the implementation of the programmes and projects of the SP. The Office also intends to propose a better aligned and more comprehensive reporting process.
    [Show full text]
  • How to Get a European Patent
    European Patent Guide How to get a European patent 19th edition Updated to 1 April 2019 Contents Chapter 1 – Foreword .................................................................................. 7 Chapter 2 – General ..................................................................................... 9 2.1 Introduction ................................................................................................................... 9 2.2 Nature and purpose of the European Patent Convention ....................................... 10 2.3 Relationship to other international conventions ..................................................... 11 2.4 Choosing a route: national, European or international........................................... 12 Legal factors ...................................................................................................... 12 Economic factors ............................................................................................... 13 2.5 Extending/validating European patents to/in non-contracting states ................... 14 Chapter 3 – Patentability ........................................................................... 16 3.1 Introduction ................................................................................................................. 16 3.2 Invention ...................................................................................................................... 16 3.3 Novelty ........................................................................................................................
    [Show full text]
  • Guidelines for Examination in the European Patent Office
    GUIDELINES FOR EXAMINATION IN THE EUROPEAN PATENT OFFICE Published by the European Patent Office Published by the European Patent Office Directorate Patent Law 5.2.1 D-80298 Munich Tel.: (+49-89) 2399-4512 Fax: (+49-89) 2399-4465 Printed by: European Patent Office, Munich Printed in Germany © European Patent Office ISBN 3-89605-074-5 a LIST OF CONTENTS page General Part Contents a 1. Preliminary remarks 1 2. Explanatory notes 1 2.1 Overview 1 2.2 Abbreviations 2 3. General remarks 3 4. Work at the EPO 3 5. Survey of the processing of applications and patents at the EPO 4 6. Contracting States to the EPC 5 7. Extension to states not party to the EPC 5 Part A – Guidelines for Formalities Examination Contents a Chapter I Introduction I-1 Chapter II Filing of applications and examination on filing II-1 Chapter III Examination of formal requirements III-1 – Annex List of Contracting States to the Paris Convention (see III, 6.2) III-20 Chapter IV Special provisions IV-1 Chapter V Communicating the formalities report; amendment of application; correction of errors V-1 Chapter VI Publication of application; request for examination and transmission of the dossier to Examining Division VI-1 Chapter VII Applications under the Patent Cooperation Treaty (PCT) before the EPO acting as a designated or elected Office VII-1 Chapter VIII Languages VIII-1 Chapter IX Common provisions IX-1 Chapter X Drawings X-1 Chapter XI Fees XI-1 Chapter XII Inspection of files; communication of information contained in files; consultation of the Register of European
    [Show full text]
  • President's Activities Report SUBMITTED BY
    CA/88/18 Orig.: en Munich, 21.09.2018 SUBJECT: President's activities report SUBMITTED BY: President of the European Patent Office ADDRESSEES: Administrative Council (for information) CA/88/18 e 2018-4859 - I - TABLE OF CONTENTS Subject Page I. INTRODUCTION 1 II. PERFORMANCE OF THE PATENT GRANTING PROCESS 2 A. WORKLOAD AND PRODUCTION 2 B. QUALITY 7 a) Quality action plans 8 b) Quality Management System 8 c) Asian documentation 9 d) Cooperative Patent Classification (CPC) 10 e) Harmonisation efforts in relation to ICT 12 f) Harmonisation in the HBC sector: biotechnology and pharmaceutical patents 14 g) Procedures and Guidelines 14 C. RELATIONS WITH USERS 15 a) User support 15 b) User feedback 16 c) Communication with applicants 17 III. SOCIAL DIALOGUE 18 IV. IT AND AUTOMATION PROJECTS 19 A. ITR – DELIVERIES FOR THE PGP AND KMS 19 a) Delivering the digital transformation agenda 20 b) Improvements to existing tools 21 c) Other tool adaptations 21 B. DELIVERIES FOR OTHER AREAS 22 a) Corporate area 22 b) Infrastructure/data centres 23 C. LAUNCH OF AN IT AUDIT 23 V. BUILDINGS 23 A. NEW MAIN THE HAGUE 23 B. OTHER BUILDING PROJECTS 25 a) Status review of EPO premises – overview 25 CA/88/18 e 2018-4859 - II - VI. EPN 33 A. CO-OPERATION WITH MEMBER STATES 33 B. EUROPEAN PATENT ACADEMY 34 a) Institutional Strengthening 34 b) Judicial Training 34 c) Professional Representatives 34 d) Academia 35 e) E-learning 35 C. CO-OPERATION WITH THE EUIPO 35 D. REPRESENTATION BEFORE THE EPO 36 E. EUROPEAN PATENT REGISTER 36 F.
    [Show full text]
  • Rules Relating to Unitary Patent Protection - Revised Version
    SC/10/14 Orig.: en Munich, 06.06.2014 SUBJECT: Rules relating to unitary patent protection - revised version SUBMITTED BY: President of the European Patent Office ADDRESSEES: Select Committee of the Administrative Council (for decision) SUMMARY Implementation at the European Patent Office of Regulations (EU) No 1257/2012 and No 1260/2012. This document follows document SC/3/14 dated 7 March 2014 and takes into account the comments and suggestions made at the 7th meeting of the Select Committee of 26 March 2014. It contains a revised and clean version of the Rules relating to Unitary Patent Protection. The amendments to SC/3/14 are indicated by grey hatching in Annex 1. The grey hatchings in Rules 1 to 6 show the amendments already contained in document SC/3/14 with the exception of Rule 1(2) where a new amendment has been added. The provisions on the compensation scheme (Rules X, Y, Z, W including the explanatory remarks of document SC/35/13 Rev. 1) have been inserted in Part II, as new Chapter II (see new Rules 8 to 11). This document has been issued in electronic form only. SC/10/14 e 141320004 - I - TABLE OF CONTENTS Subject Page PART I INSTITUTIONAL PROVISIONS 2 CHAPTER I SUBJECT MATTER 2 Rule 1 Subject matter 2 CHAPTER II SELECT COMMITTEE OF THE ADMINISTRATIVE COUNCIL 4 Rule 2 Competences and duties 4 CHAPTER III FUNCTIONS AND POWERS OF THE PRESIDENT OF THE EPO AND SPECIAL DEPARTMENTS OF THE EPO 8 Rule 3 Functions and powers of the President of the European Patent Office 8 Rule 4 Unitary Patent Protection Division 10 PART II PROCEDURES
    [Show full text]
  • Table of Contents
    Information 4/2000 117 Table of contents Editorial .................... 118 Oral proceedings and training therefor at the EPO in practice, by E. Krause (EPO) .... 150 How to satisfy trainingdemands I ± Information concerning epi by the Professional Qualifications Committee of epi, by S. Kaminski (epi)......151 Practical experiences of European Patent Council Meeting Attorneys in industry and private practice, by T. Onn (epi)..................154 Bericht über die 49. Ratssitzung, Rhodos, The oral hearingwithin education and 23. Oktober 2000 ............... 119 professional practice of the German Patent Entwurf der Beschlussliste............ 120 Attorney, by H. Lichti (PAK) ........... 155 Report of the 49th Council meeting, Rhodes, Further developments toward representation 23 October 2000 ................ 121 before courts ± Zehn Gründe für eine Draft List of Decisions.............. 122 Vertretungsbefugnis der Patentanwälte Compte rendu de la 49me rØunion du Conseil, in Europa vor einem künftigen Europäischen Rhodes, 23 octobre 2000 ............ 123 Patentgericht, by U. Dreiss (PAK)......... 158 Projet de Liste des DØcisions. .......... 124 President©s report ................ 125 Report on the 2nd Intergovernmental epi Membership / epi Subscription ...... 163 Conference on Reform of the EPO, by W. Holzer 126 Abschiedsworte an Herrn F. Jenny........ 131 Treasurer©s report ................ 132 Information from the Secretariat Deadline 1/2001................. 171 Committee Reports Queen Mary College Training Course ...... 186 epi Membership chart as of 31.10. 2000..... 187 Report of the EASY Committee, by D. Speiser . 132 epi Disciplinary bodies and Committees ..... 188 Report of the EPO Finances Committee, epi Board.................... U3 by J. Boff .................... 134 Report of the European Patent Praxis Committee (EPPC), II ± Contributions from epi-Members and other by A. Casalonga ................ 135 contributions Report of the epi Finance Committee, by B.
    [Show full text]
  • President's Activities Report SUBMITTED BY
    CA/44/19 Orig.: en Munich, 08.03.2019 SUBJECT: President's activities report SUBMITTED BY: President of the European Patent Office ADDRESSEES: Administrative Council (for information) CA/44/19 e 2018-5940 - I - TABLE OF CONTENTS Subject Page I. INTRODUCTION 1 II. PERFORMANCE OF THE PATENT GRANTING PROCESS 2 A. WORKLOAD AND PRODUCTION 2 a) Search, examination and opposition 7 b) Early Certainty timeliness 8 B. QUALITY 9 a) User satisfaction 10 b) Quality indicators 11 c) Quality action plans 12 d) Quality management system 14 e) Asian documentation 18 f) Cooperative Patent Classification (CPC) 18 g) Patent procedures management documented by QMS 21 h) Streamlining practices and procedures 21 C. RELATIONS WITH USERS 26 a) User support 27 b) User events 27 c) Praktika Extern 2018 28 d) Pan-European Seal Programme 29 e) User feedback 30 f) Communication with applicants 31 III. SOCIAL MATTERS 32 A. SOCIAL DIALOGUE 32 a) Outcomes of discussions with social partners 32 b) Continuous dialogue with staff 33 c) Internal justice system 33 B. RECRUITMENT AND WORKFORCE PLANNING 35 IV. IT AND AUTOMATION PROJECTS 37 A. ITR DELIVERIES FOR THE PGP AND KMS 37 a) Delivering the digital transformation agenda 37 b) Improvements to current tools 38 CA/44/19 e 2018-5940 - II - B. DELIVERIES FOR OTHER AREAS 38 C. IT AUDIT 39 V. BUILDINGS 39 A. NEW MAIN THE HAGUE 39 B. OTHER BUILDING PROJECTS 40 VI. EPN 41 A. CO-OPERATION WITH MEMBER STATES 41 B. EUROPEAN PATENT ACADEMY 42 C. CO-OPERATION WITH EUIPO 43 D. REPRESENTATION BEFORE THE EPO 43 E.
    [Show full text]
  • The European Patent Office As International Authority
    The European Patent Office as International Authority Isabel Auría Lansac Lawyer, PCT Affairs, European Patent Office Madrid, 23 October 2018 Overview ‒ EPO as International Authority . EPO as ISA . Information on search strategies . Provisional opinion in cases of non-unity (POPS) . Collaborative search and examination . EPO as SISA . EPO as IPEA . Second written opinion in PCT Chapter II . Top-up search in PCT Chapter II . Positive IPER: Euro-PCT phase . Focus on quality . Update on fees European Patent Office 2 EPO continues to be the main ISA EPO is No. 1: 79 600 ISRs established by the EPO in 2017 ISRs established in 2017 (%) Origin of Search Copies received by ISA/EP in 2017 (%) EPO 6,2 9,1 0,7 JPO 8,2 RO/EP RO/IB KIPO 34,5 19,1 44,7 28,9 RO/JP SIPO RO/US 10,9 USPTO 18,5 Others 19,9 Others European Patent Office 3 EPO as ISA: our work . Competence − When RO has specified the EPO as ISA − Some exceptions: CN, KR, AU, CA . One standard for all searches at the EPO − Search reports either in EN, FR or DE − Highest quality including Asian prior art . Written Opinion − Thorough non-binding opinion on patentability − Equivalent to the European search opinion (ESOP) European Patent Office 4 EPO as ISA: latest developments . International search fee charged by EPO=ISA reduced to EUR 1 775 in 2018 . Improved timeliness: 97% ISRs in time for A1 publication . New services offered: − PCT Direct service fully operational and available at all ROs − Information on "search strategies" − Provisional Opinion accompanying the Partial Search results in cases of non-unity (POPS) European Patent Office 5 EPO as ISA: Information on "search strategies" .
    [Show full text]
  • CA/78/20 E CA/78/20 Orig.: En Munich, 27.11
    CA/78/20 Orig.: en Munich, 27.11.2020 SUBJECT: Amendment to the Implementing Regulations to the EPC regarding the designation of the inventor ‒ Rules 19 and 143 EPC SUBMITTED BY: President of the European Patent Office ADDRESSEES: 1 Administrative Council (for decision) 2. Committee on Patent Law (for information) SUMMARY Having regard to the recommendation of a common practice as regards the designation of the inventor (CA/PL 6/20), the EPO proposes to adapt its legal framework accordingly, by amending Rules 19 and 143 EPC. In its 52nd meeting on 10 and 11 November 2020 the Committee on Patent Law gave a favourable opinion on the proposed Rule changes (CA/PL 8/20). CA/78/20 e LT 2020-9876 TABLE OF CONTENTS Subject Page PART I 1 I. STRATEGIC/OPERATIONAL 1 II. RECOMMENDATION 1 III. MAJORITY NEEDED 1 IV. CONTEXT 1 V. ARGUMENTS 3 A. NOTIFICATION OF THE INVENTOR 3 B. PUBLICATION OF INVENTOR DATA 6 VI. ENTRY INTO FORCE 10 VII. ALTERNATIVES 11 VIII. FINANCIAL IMPLICATIONS 11 IX. LEGAL BASIS 11 X. DOCUMENTS CITED 11 XI. RECOMMENDATION FOR PUBLICATION 11 PART II 12 CA/78/20 e LT 2020-9876 PART I I. STRATEGIC/OPERATIONAL 1. Operational II. RECOMMENDATION 2. The Administrative Council is requested to decide on the draft decision in part II of this document. III. MAJORITY NEEDED 3. Three quarters. IV. CONTEXT 4. In the framework of the Strategic Plan 2023, as part of the convergence of practice programme, a working group was established to consider options for a common practice concerning the designation of the inventor (CA/PL 14/19).
    [Show full text]
  • European Patent Academy Disclaimer: The
    Disclaimer: The documentation used for this manual was developed in co-operation with EPLAW for the e-learning project “Patent litigation A–Z” in 2015. This is also published on the website of the European Patent Office. The information is not meant to be a comprehensive study or to provide legal advice. The references to European and national law and case law in this manual are presented for training and linguistic purposes and therefore are not meant to be substantive statements concerning patent litigation nor should they be considered the latest jurisprudence. This manual is not made available to the general public. It should be used for learning purposes only. Any views expressed in the chapters are not necessarily those of the EPO. This document may be used and reproduced for non-commercial purposes, provided that the EPO and the authors are acknowledged appropriately. Reproduction for commercial purposes is not permitted. European Patent Academy Introduction The overall aim of the EPO’s cooperation with its member states is to provide the users of the European patent system with relevant and high-quality patent-related services, to strengthen the European Patent Network and to promote the interoperability of the EPO and the stakeholders of the European patent system. To this end, the European Patent Academy, in cooperation with Principal Directorate European and International Cooperation, launched a languages training programme consisting of two projects: general language training and patent terminology training. The patent terminology training programme provides inter alia reference materials for further study of patent-related terminology. Manuals have been developed in co-operation with the three main language institutes (British Council, Institut français, Goethe-Institut) for all stakeholders of the European patent system including the EPO bodies, examiners in national patent offices, and professional representatives.
    [Show full text]
  • Patent Reform Package - Frequently Asked Questions
    EUROPEAN COMMISSION MEMO BrusseJs, 19 February 2013 Patent reform package - Frequently Asked Questions I. Presentation of the unitary patent package 1. What is the 'unitary patent package'? The 'unitary patent package' consists of three elements: · a Regulation creating a European patent with unitary effect (or 'unitary patent); · a Regulation establishing a language regime applicable to the unitary patent; · an international agreement among Member States setting up a single and specialised patent jurisdiction (the 'Unified Patent Court'). The two Regulations implement enhanced cooperation in the area of the creation of unitary patent protection. 25 Member States participate in this enhanced cooperation. All these Member States and Italy which signalled in December 2011 itsîntention to join will conclude the international agreement on the Unified PatentGoürt. 2. What are the advantages of the unitary patent package? The unitary patent package will have four major advantages: · It will create a unitary patent with uniform protection within the territory of the participating 25 Member States; · The unitary patent will be available on a one-stop shop basis at affordable costs, as it will be centrally granted by the European Patent Office and no further validation requirements need to be fulfilled and applications can be filed in any language; · It will create a unified and specialised jurisdiction in patent matters for the participating Member States, and thus avoid an unnecessary duplication of litigation cases before the various courts of the various Member States concerned, and enhance legal certainty; and · It will ensure the dissemination of patent information in all languages of the European Union through high-quality machine translation services which will be available online and free of charge.
    [Show full text]
  • Regulation (EU) No 1257/2012 of the European Parliament and of The
    31.12.2012 EN Official Journal of the European Union L 361/1 I (Legislative acts) REGULATIONS REGULATION (EU) No 1257/2012 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 17 December 2012 implementing enhanced cooperation in the area of the creation of unitary patent protection THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE (2) Pursuant to the first paragraph of Article 118 of the EUROPEAN UNION, Treaty on the Functioning of the European Union (TFEU), measures to be taken in the context of the estab­ lishment and functioning of the internal market include the creation of uniform patent protection throughout the Having regard to the Treaty on the Functioning of the European Union and the establishment of centralised Union-wide Union and in particular the first paragraph of Article 118 authorisation, coordination and supervision arrange­ thereof, ments. Having regard to Council Decision 2011/167/EU of 10 March (3) On 10 March 2011, the Council adopted Decision 2011 authorising enhanced cooperation in the area of the 2011/167/EU authorising enhanced cooperation creation of unitary patent protection ( 1 ), between Belgium, Bulgaria, the Czech Republic, Denmark, Germany, Estonia, Ireland, Greece, France, Cyprus, Latvia, Lithuania, Luxembourg, Hungary, Malta, the Netherlands, Austria, Poland, Portugal, Romania, Having regard to the proposal from the European Commission, Slovenia, Slovakia, Finland, Sweden and the United Kingdom (hereinafter ‘participating Member States’) in the area of the creation of unitary patent protection. After transmission of the draft legislative act to the national parliaments, (4) Unitary patent protection will foster scientific and tech­ nological advances and the functioning of the internal market by making access to the patent system easier, Acting in accordance with the ordinary legislative procedure ( 2), less costly and legally secure.
    [Show full text]