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EPO President Extols the Virtues of Work-Sharing and Focuses on PCT Reform
Work-sharing is the way of the future, bringing benefits for applicants and patent offices worldwide, according to Alison Brimelow, the president of the European Patent Office (EPO).
"The EPO believes that the greatest potential for a global work-sharing scheme lies with the PCT, with nearly 164 000 applications filed only last year," she stated in a speech at the AIPLA Annual Meeting in Washington, DC.
A number of work-sharing schemes have been piloted around the world, the common denominator of which is to take concrete measures which help to eliminate unnecessary duplication of work between offices.
From a European perspective, the most important arrangements in this respect are the utilization scheme of the European Patent Network (EPN), the Patent Prosecution Highway (PPH) and the PCT.
Brimelow stressed that "Timeliness, high quality of work-products and confidence-building between offices are the essential ingredients for work-sharing schemes to be successful." The EPO is committed to moving this process of integration forward.
Utilization is one of the main elements of the EPN and the Office is currently carrying out operational and regulatory adjustments to implement the EPN Utilization Scheme on a permanent basis.
In relation with PPH arrangements, the EPO President emphasized that her Office has recently extended the current bilateral EPO-USPTO Patent Prosecution Highway Pilot for an additional year, and is looking forward to concluding an EPO-JPO bilateral PPH Pilot at the upcoming Trilateral Conference in November in Kyoto, Japan.
She underlined the practical relevance of these projects, as considers that PPH Pilots are an excellent vehicle to promote confidence-building between offices and the experience currently being gathered under the PPH with regard to practical issues related to utilization of work is extremely valuable.
It was mainly due to the insistence of the EPO that it was agreed that the Trilateral Offices would include non-binding PCT work products as an acceptable basis for filing a request under PPH schemes, as of early 2010.
This means that PCT applications will become eligible for inclusion in the PPH, including at the national/regional stage. This may spark greater interest in the EPO-USPTO PPH, which so far, has seen rather low levels of applicant participation.
The President nevertheless expressed "concern" at the proposed "Plurilateral PPH", surmising that it might result in "unintended consequences" for the PCT.
The EPO's response to challenges presented by the present economic crisis and backlogs is to concentrate on building long-term and sustainable solutions for work-sharing.
In this respect, the EPO believes that resources should be invested in improving the existing PCT framework, in particular by focusing on measures to increase confidence in the work of patent offices which act as international authorities under the PCT.
This approach is supported by the World Intellectual Property Organization as well as by European and Trilateral user representatives.
Source: AGIP News



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