Australia - Public consultation on proposal on the exchange of patent information

IP Australia is requesting submissions on proposed changes to the Patents Regulations 1991.

“These changes would extend the circumstances under which the Commissioner of Patents may make priority documents and other patent documents available to WIPO and other IP offices.”

The applicant would be able to request priority documents be placed in a “secure digital library” to meet the requirements of the Patent Cooperation Treaty (PCT) and foreign filing requirement of foreign intellectual property office.

“The changes would also reduce the circumstances where applicants are required to routinely file copies of various patent documents with IP Australia when the documents are not immediately required by IP Australia or, if required, are available to it from an IP office.”

The consultation document can be found here [pdf] and submissions are due by close of business Wednesday 17 October 2007.

Source and further information

IP Australia news - Proposed changes to regulations to assist the exchange of patent information

IP Australia consultation paper - Exchanging Information on Patent

Applications

UK - Public consultation on proposed fast track applications

The UK Intellectual Property Office (UK-IPO) has launched a public consultation on proposals to introduce a “fast-track” system for patent and trade mark applications. It is proposed that for an additional fee patent applications could be available within one year of filing and with 10 days of receiving trade mark applications.

“The proposals provide important new tools for businesses - both large and small - in providing fast track routes to the grant of a patent or the registration of a trade mark.”

The consultation paper requests input on how the system should be implemented, including possible fee structures, and can be found here [pdf].

Submissions are due by 14 December 2007.

Sources and further information

UK-IPO news - UK Intellectual Property Consultation launched today

UK-IPO - Fast track processing of Patents & Trade Marks

UK-IPO consultation paper - A Consultation on: Fast Track Processing of Patents & Trade Marks

Europe - London Agreement likely to enter into force early 2008

The European Patent Office (EPO) has announced that the French government has adopted a bill authorising the ratification of the London Agreement. If the bill is passed, France will be the tenth country to ratify the Agreement, meaning that the Agreement will most likely come into force in early 2008

Signatories to the London Agreement renounce their right to demand that entire patent applications be translated into their national language. By only requiring that the claims of the patent be translated, the translation costs associated with European patents will be reduced.

Germany, Iceland, Latvia, Liechtenstein, Monaco, Slovenia, Switzerland, the Netherlands and the United Kingdom have already ratified the Agreement. The parliaments of Denmark and Sweden have also approved the Agreement, meaning that when it comes into force 12 of the 32 member states of the EPO will be bound.

Source and further information

European Patent Office - London Agreement to enter into force in first half of 2008

Denmark, Iceland and Norway - Nordic Patent Institute

The Icelandic Patent Office has recently issued a press release providing details about the new Nordic Patent Institute (NPI) that comes into force on 1 January 2008. The NPI is currently being established by the patent offices of Norway, Iceland and Denmark to handle patent applications made under the Patent Cooperation Treaty (PCT). The PCT allows applicants to seek protection in multiple countries simultaneously through one application.

The purpose of the NPI is to offer Nordic enterprises “a local, speedy and efficient entry into the PCT system”. In addition, the press release states the service should be faster and more flexible than that of the EPO as the NPI will guarantee that in 95% of cases applicants will receive a prior art search report within 15 months.

Searching, examination and administrative services will be provided by the three patent offices as the institute will only have a few staff. This is the first international patent organisation structured in such a way and will be “the most extensive patent cooperation in the world”.

Sources and further information

Icelandic Patent Office - Quick PCT search and examination in the Nordic countries

WIPO - About the Patent Cooperation Treaty ("PCT")

Nordic Patent Institute (NPI) website

Europe - EU design registration system to be linked with the WIPO international system

EUROPA has announced that a new system allowing applicants who apply for design registration in the European Union through Community Design system to use the same form to apply for protection under the World Intellectual Property Organisation’s (WIPO) international design registration system is expected to be launched on 1 January 2008.

When a Community Design is registered with the Office The Office for Harmonization in the Internal Market (OHIM) it gains protection across the whole EU territory. Once the new system is in place the applicant may be granted further protection in countries which are party to the Geneva Act without having to make further applications.

The non-European Union counties that are party to the Geneva Act include: Albania, Armenia, Botswana, Croatia, Egypt, Georgia, Iceland, Kyrgyzstan, Moldova, Namibia, Switzerland, Turkey and Ukraine.

Sources & further information

EUROPA Press Release - Industrial property: Commission adopts necessary measures for linking EU design registration system with WIPO international system

WIPO - Hague System for the International Registration of Industrial Designs

Australia - Preview release of AusPat available

A preview of IP Australia’s new AusPat database can now be viewed on IP Australia’s website.

Later this year access to Australian patents from 1979 will be available from the single search page, with searchable versions of all patent specifications from 1904 onwards available at a later date. IP Australia has also stated that in the longer term e-Case functionality will provide public access to case files.

IP Australia is requesting feedback on the new user-interface system through a 1, 5, or 15 minute survey.

Sources and further information

IP Australia - AusPat

IP Australia website - Better access to Patent Data

IP Australia news - Preview release of AusPat available

UK & USA - Patent Prosecution Highway opens between UK and USA

Earlier this week the UK Intellectual Property Office (UK-IPO) and the United States Patent and Trademark Office (USPTO) announced the launch of a Patent Prosecution Highway between the two countries. The program allows patent applicants who have received an examination report in one country to request accelerated examination in the other.

The Patent Prosecution Highway is said to reduce the examination workload and patent quality. Similar programs are already in trial between the UK-IPO and Japan Patent Office (JPO), the USPTO and JPO, and the JPO and Korean Intellectual Property Office.**

The trial program between the UK & the USA is planned to run for period of one year until 4 September 2008, but may be extended.

Sources and further information

USPTO Press Release - USPTO and United Kingdom Intellectual Property Office to Pilot Patent Prosecution Highway

UK-IPO Press Release - Patent Highway between the UK and USA opens today

** For further information on the other Patent Prosecution Highway programs:

IP Menu News - UK, Japan & US - Patent Prosecution Highway updates