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IP-Watch interns talk about their Geneva experience in summer 2013. 2:42.

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2. You understand and agree that Intellectual Property Watch is not responsible for any content posted by you or third parties. You further understand that IP Watch does not monitor the content posted. Nevertheless, IP Watch may monitor the any user-generated content as it chooses and reserves the right to remove, edit or otherwise alter content that it deems inappropriate for any reason whatever without consent nor notice. We further reserve the right, in our sole discretion, to remove a user's privilege to post content on our site. IP Watch is not in any manner endorsing the content of the discussion forums and cannot and will not vouch for its reliability or otherwise accept liability for it.

3. By submitting any contribution to IP Watch, you warrant that your contribution is your own original work and that you have the right to make it available to IP Watch for all purposes and you agree to indemnify IP Watch, its directors, employees and agents against all damages, legal fees and others expenses that may be incurred by IP Watch as a result of your breach of warranty or of these terms.

4. You further agree not to publish any personal information about yourself or anyone else (for example telephone number or home address). If you add a comment to a blog, be aware that your email address will be apparent.

5. IP Watch will not be liable for any loss including but not limited to the following (whether such losses are foreseen, known or otherwise): loss of data, loss of revenue or anticipated profit, loss of business, loss of opportunity, loss of goodwill or injury to reputation, losses suffered by third parties, any indirect, consequential or exemplary damages.

6. You understand and agree that the discussion forums are to be used only for non-commercial purposes. You may not solicit funds, promote commercial entities or otherwise engage in commercial activity in our discussion forums.

7. You acknowledge and agree that you use and/or rely on any information obtained through the discussion forums at your own risk.

8. For any content that you post, you hereby grant to IP Watch the royalty-free, irrevocable, perpetual, exclusive and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content in whole or in part, world-wide and to incorporate it in other works, in any form, media or technology now known or later developed.

9. These terms and your posts and contributions shall be governed and interpreted in accordance with the laws of Switzerland (without giving effect to conflict of laws principles thereof) and any dispute exclusively settled by the Courts of the Canton of Geneva.

The Politicization Of The US Patent System

The Washington Post story, How patent reform’s fraught politics have left USPTO still without a boss (July 30), is a vivid account of how patent reform has divided the US economy, preempting a possible replacement for David Kappos who stepped down 18 months ago. The division is even bigger than portrayed. Universities have lined up en masse to oppose reform, while main street businesses that merely use technology argue for reform. Reminiscent of the partisan divide that has paralyzed US politics, this struggle crosses party lines and extends well beyond the usual inter-industry debates. Framed in terms of combating patent trolls through technical legal fixes, there lurks a broader economic concern – to what extent ordinary retailers, bank, restaurants, local banks, motels, realtors, and travel agents should bear the burden of defending against patents as a cost of doing business.


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    US, EU, Japan To Sign Understanding On Patent Applications

    Published on 9 November 2007 @ 1:01 am

    Intellectual Property Watch

    By Liza Porteus Viana for Intellectual Property Watch
    The United States Patent and Trademark Office, European Patent Office and Japanese Patent Office on Friday will announce the signing of a memorandum of understanding (MOU) on patent applications, Intellectual Property Watch has learned.

    The MOU between the three patent offices comes after several days of meetings between government and industry officials in Washington on issues such as how to increase cooperation between the three countries to expedite and decrease redundancy in the patent approval process.

    The Friday afternoon announcement will involve an agreement on an alignment of patent application processes.

    Intellectual Property Watch
    also has learned that coinciding with the MOU release will be an announcement that the trilateral countries this week decided to pilot a three-way search service in 2008.

    The so-called Tri-Way search-sharing initiative is based upon concurrent search of applications to the same invention in all three trilateral offices at the same time through requests for and the grant of accelerated examination. One office would conduct the initial search of the application and invention, and post the search results and examination determinations on the Trilateral Document Access System for review by other offices and examiners. Supplemental search results and examinations would then be posted on the access system within a certain timeframe.

    It also will be announced that the Patent Prosecution Highway (PPH), a pilot project between the JPO and USPTO set to expire on 3 January, 2008, will be implemented on a full-time basis.

    Under the PPH, an applicant receiving a ruling from either the JPO or the USPTO that at least one claim in an application is patentable may request that the other office fast track the examination of corresponding claims in corresponding applications. The goal of the PPH is to leverage fast-track patent examination procedures already available in both offices to allow applicants in both countries to obtain corresponding patents faster. It can cut the approval process down from often 24 to 48 months to two to three month, and reduce examination workload, officials said.

    “The process works out pretty well … it’s a substantive time-wise savings,” Charles Eloshway, a patent attorney with the USPTO’s intellectual property office, told IPW. “We think it shows a lot of potential … [and] forms a foundation on which to build similar projects.”

    Eloshway said there are also talks ongoing to start similar pilot projects in 2008 with the patent offices in the United Kingdom, Canada and Korea.

    The trilateral offices examine a majority of all patent applications worldwide. According to the 2007 WIPO Patent Report, 52 percent of all patent applications go to the JPO, USPTO and EPO, while 77 percent go those three plus China’s SIPO and Korea’s intellectual property office. Officials have been talking this week about various ways to reduce the overworked patent system.

    New Governance

    Manuel Desantes, vice president of the EPO, told Intellectual Property Watch that during this week’s closed trilateral discussions, officials agreed on several items. A key priority is to exploit the work of each other to avoid redundancy.

    “After 25 years, we came to the understanding that we could be more efficient through a new governance,” Desantes said. “This new governance means basically that we will increase the use of electronic tools to change among ourselves, instead of so many meetings, and that each project will have a clear leader, which will push” those projects.

    Desantes said instead of tackling a broad array of issues, the trilaterals will focus on a few specific goals to throw their energy behind that have the most cross-cooperation, new technologies, and where the users are pushing for earlier results. He could not elaborate on specifically what those areas were, saying “this is a very sensitive matter.” They also have to prioritise the first filings, he added.

    “The trilaterals understand clearly that the very challenge is how to improve, how to enhance the exploitation of work … by other offices,” Desantes said. “We have to show our users that in fact, the trilateral is getting real results.”

    Desantes also said the trilaterals agreed on a common application format users can utilise in the United States, Japan and Europe. “We have been working on this project since some years ago and we have accomplished the project now,” he said. “There has been a lot of progress made…. The work is done.”

    He said the trilaterals will offer this application format to users in early 2008. “This will bring results pretty soon,” Desantes said.

    Dudas: Leave Patent Harmonisation to WIPO

    The trilaterals worked “very hard” this week on what Desantes called the “small sister” of patent harmonisation – that is, the harmonisation of procedures and best practices. But for the issue of overall patent harmonisation, both the EPO and USPTO Director Jon Dudas told Intellectual Property Watch that is better left for the World Intellectual Property Organization (WIPO) to handle.

    “The goal for the United States has always been to try to get patent harmonisation – appropriate patent harmonisation and adoption of best practices throughout the world and we think the best place to do that is WIPO,” Dudas said. The issue stalled at WIPO last year but may have been given new life for the coming year.

    The so-called Group B of developing nations are trying to come up with a common position on the issue to report to the WIPO.

    “Ultimately, with the goal we can get this done at WIPO. But we just want to see progress on just about any front,” he said.

    Dudas said he has been generally happy with the progress made within the Group B+ (trilaterals plus a few others in the EPO) but issues such as grace periods are a sticking point for a number of European countries in the United States’ view. The ideal approach for the United States is 12 months without a declaration, he said.

    Dudas said the trilaterals focused a lot on work-sharing and using each other to the maximum extent possible. “I think we have achieved what we wanted to achieve – the key is for us to deepen the cooperation,” he said.

    The EPO assumes the leadership of the trilateral group in 2008, following the United States’ leadership this year. Next year’s trilaterals will hold three meetings of their strategic working group, and will have several project group meetings. At the end of the year, they will hold another trilateral meeting with the heads of office to try to consecrate the work done throughout the year.

    Liza Porteus Viana may be reached at info@ip-watch.ch.

     


    Leave a Reply

    We welcome your participation in article and blog comment threads, and other discussion forums, where we encourage you to analyse and react to the content available on the Intellectual Property Watch website. By participating in discussions or reader forums, or by submitting opinion pieces or comments to articles, blogs, reviews or multimedia features, you are consenting to these rules.

    We welcome your participation in article and blog comment threads, and other discussion forums, where we encourage you to analyse and react to the content available on the Intellectual Property Watch website.

    By participating in discussions or reader forums, or by submitting opinion pieces or comments to articles, blogs, reviews or multimedia features, you are consenting to these rules.

    1. You agree that you are fully responsible for the content that you post. You will not knowingly post content that violates the copyright, trademark, patent or other intellectual property right of any third party or which you know is under a confidentiality obligation preventing its publication and that you will request removal of the same should you discover that you have violated this provision. Likewise, you may not post content that is libelous, defamatory, obscene, abusive, that violates a third party's right to privacy, that otherwise violates any applicable local, state, national or international law, that amounts to spamming or that is otherwise inappropriate. You may not post content that degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification. Epithets and other language intended to intimidate or to incite violence are also prohibited. Furthermore, you may not impersonate others.

    2. You understand and agree that Intellectual Property Watch is not responsible for any content posted by you or third parties. You further understand that IP Watch does not monitor the content posted. Nevertheless, IP Watch may monitor the any user-generated content as it chooses and reserves the right to remove, edit or otherwise alter content that it deems inappropriate for any reason whatever without consent nor notice. We further reserve the right, in our sole discretion, to remove a user's privilege to post content on our site. IP Watch is not in any manner endorsing the content of the discussion forums and cannot and will not vouch for its reliability or otherwise accept liability for it.

    3. By submitting any contribution to IP Watch, you warrant that your contribution is your own original work and that you have the right to make it available to IP Watch for all purposes and you agree to indemnify IP Watch, its directors, employees and agents against all damages, legal fees and others expenses that may be incurred by IP Watch as a result of your breach of warranty or of these terms.

    4. You further agree not to publish any personal information about yourself or anyone else (for example telephone number or home address). If you add a comment to a blog, be aware that your email address will be apparent.

    5. IP Watch will not be liable for any loss including but not limited to the following (whether such losses are foreseen, known or otherwise): loss of data, loss of revenue or anticipated profit, loss of business, loss of opportunity, loss of goodwill or injury to reputation, losses suffered by third parties, any indirect, consequential or exemplary damages.

    6. You understand and agree that the discussion forums are to be used only for non-commercial purposes. You may not solicit funds, promote commercial entities or otherwise engage in commercial activity in our discussion forums.

    7. You acknowledge and agree that you use and/or rely on any information obtained through the discussion forums at your own risk.

    8. For any content that you post, you hereby grant to IP Watch the royalty-free, irrevocable, perpetual, exclusive and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content in whole or in part, world-wide and to incorporate it in other works, in any form, media or technology now known or later developed.

    9. These terms and your posts and contributions shall be governed and interpreted in accordance with the laws of Switzerland (without giving effect to conflict of laws principles thereof) and any dispute exclusively settled by the Courts of the Canton of Geneva.

     

     
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