E-News No.47

E-News No.47

Publication of patent applications

by Standing Committee on Patents

A special sub-group of AIPPI’s Standing Committee on Patents, chaired by Tim Iserief (Netherlands) and Andrew Meunier (United States), has drafted working questions on the topic of publication of patent applications. The national groups will be invited to submit their responses to these questions under their national laws so that a draft resolution can hopefully be presented to the ExCo and put to a vote in Milan in September.

The issue of publication of patent applications has already been studied by AIPPI in Q89 (Amsterdam ExCo of 1989), which is part of the series of resolutions related to a draft Patent Law Treaty concerning the harmonization of substantive provisions of Patent Law (the draft never became final). Furthermore, during the second meeting of the “Tegernsee Group”, attended by heads of offices and representatives from Denmark, France, Germany, Japan, the UK, the USA and the EPO in April, 2011, the publication of patent applications was one of four topics identified as being key to harmonization (along with the grace period, prior user rights, and the treatment of conflicting applications). The Tegernsee Heads mandated the Tegernsee experts group to prepare reports on each of these topics. Furthermore, on 27 May 2015, the B+ Sub-Group (comprising representatives from the European Patent Office, Canada, Denmark, Germany, Japan, Korea, Spain and the United States) presented its Objectives and Principles, inter alia in relation to the issue of the publication of applications.

AIPPI’s Standing Committee on Patents aims to monitor, comment and advise AIPPI on policy and legal frameworks relating to patents invited and in this respect will ask the national groups to put forward proposals for the adoption of harmonized rules in relation to the publication of patent applications.