by Marta García
On October 2, 2018, a new draft law was sent to the Chilean Congress to update the Law No. 19,039 on Industrial Property, the Law No. 20,254, which establishes the National Institute of Industrial Property and the Criminal Procedure Code.
The main changes introduced by the draft law regarding patents and industrial designs are the following:
- Provisional patents
The draft law includes the possibility of applying for provisional patent applications, which will provide applicants with a term of 12 months to proceed with the filing of the corresponding definitive application.
- Fees for additional pages
The draft law establishes that any patent application exceeding 50 pages must pay, together with the filing fee, an additional fee of 1 Monthly Tax Unit – which at the end of 2018 was equivalent to approximately 71.5 USD – for every 20 additional pages or fractions of pages.
- Limitation of supplementary protection
According to Article 53 BIS of Law 19,039, any patent (in any technical field) can be eligible for supplementary protection, provided that:
– the grant of the patent exceeded five years from filing or three years from the request for examination, whichever occurs after; or
– the grant of …Read More
By Maria Belen Priore, Patent Dept.
On January 8th, the Brazilian PTO launched the first edition of the Manual of Industrial Designs to ensure greater quality, transparency and uniformity in the field of examinations of industrial designs, the principles of legality, impartiality, morality, publicity and efficiency, within others.
This new Manual not only consolidates the guidelines and procedures related to the examination of industrial design applications, but also provides instructions for the filing of design applications and following-up on processes, helping examiners, prosecutors and users in general.
This first edition of the Manual of Industrial Designs became official by Resolution No. 232/2019 dated January 7, 2019, and was published in the PTO´s Official Gazette Nº 2505, Section I – Press Releases, and will be in force as of 03/09/2019. The aforementioned resolution also revokes normative instructions No. 44/2015, 80/2017 and articles 2nd, 3rd and the sole paragraph of resolution No. 159/2016.
This manual gathers everything concerning the Industrial Designs, being easy to access (published on the Brazilian PTO website), with no more than 135 pages (currently, because will be subject to periodic updates in charge of the Standing Committee for the Improvement of Procedures and …Read More
The European Patent Office (EPO) held its first major conference on patenting Blockchain on 4 December 2018. The one-day event in The Hague explored the implications of blockchain for patent applications as the technology, which started in the financial sector, is spreading to all technical fields of industrial application.
In his welcome address EPO President Antonio Campinos mentioned that patent applications for blockchain are rising fast and such patents are examined by the EPO in accordance with well-established criteria developed on the basis of case law related to Computer-Implemented Inventions (CII).
The first keynote Speakers (Marieke Flament and Claire Wells) covered the blockchain basics, setting out the main principles, key players and areas of use for this new technology, and the first panel discussed the future impact of this rapidly developing field and its links to other unfolding digital technologies such as Artificial Intelligence (AI).
Koen Lievens, Director at the EPO, and Wang Xinyi, Examiner at the China National Intellectual Property Administration (CNIPA) presented the offices´ approaches to dealing with blockchain patent applications, whereas Nobuyuki Taniguchi (Nakamura & Partners) presented the evolution of Blockchain-related patents in Japan.
An analysis …Read More
by Marta García
On November 30, 2018, a new trade agreement called the United States-Mexico-Canada Agreement (USMCA) was signed by United States President Donald Trump, Mexican former President Enrique Peña Nieto, and Canadian Prime Minister Justin Trudeau, during the 2018 G20 Summit in Buenos Aires.
The agreement, which must still be ratified by each party, is also unofficially known as “NAFTA 2.0”, since it is intended to replace the North American Free Trade Agreement (NAFTA) currently in force.
The text of the USMCA, which was published on the Office of the United States Trade Representative website shortly after the formal agreement was announced on October 1, 2018, includes an extensive chapter on Intellectual Property covering standards concerning trademarks, geographical indications, patents and undisclosed tests, industrial designs, copyright and related rights, trade secrets, as well as a section regarding IPR enforcement.
Below is an analysis of some key provisions of the USMCA´s patents and data protection chapter, and their implication for the Mexican IP system after the agreement comes into force.
Non-confidentiality of patent files
Article 20.43 of the USMCA establishes that for published patent applications and granted patents, each party shall make available to the public: search and …Read More
On November 6th 2018, the European Patent Office (EPO) in cooperation with the European Council for Automotive Research and Development (EUCAR) released the study “Patents and self-driving vehicles”. The key findings of said study are summarized below:
The patent applications on SDV have been divided into two main technology sectors:
Automated vehicle platform, which encompasses technologies that are embodied in the vehicle itself. It includes inventions that enable vehicles to make autonomous decisions (Perception, analysis and decisions), inventions in the automated parts of the vehicle (Vehicle handling), and inventions in the underlying hardware and software (Computing).
Smart environment, which comprises technologies that enable SDVs to interact with each other and with their surroundings. It includes inventions in vehicle connectivity and related communication infrastructure (Communication) and inventions in traffic management, vehicle identification, automated parking and interfaces between vehicles and the electricity grid (Smart logistics).
The EPO´s study mentions that over the past decade, the EPO has received around 18,000 patent applications relating to SDV technologies, almost 4.000 of them in 2017 alone.
Annual patent applications relating to SDVs increased by 330% compared with 2011, a growth rate that is more than 20 times faster …Read More
On 1 November 2018 the EPO issued the new CII Guidelines, in which all substantial changes relate mainly to sections discussing the First Hurdle (technical character), that is Parts F-IV and G-VII.
Moreover, the new EPO CII Guidelines include for the first time new sections on Artificial Intelligence (AI) and Machine Learning (ML), and on Simulation, design or modelling.
The main aspects of the 2018 EPO CII Guidelines are explained below:
Mathematical methods (G-II 3.3)
The section on mathematical methods has been completely revised, adding a distinction between contribution in producing a technical effect that serves a technical purpose, by its application to a field of technology and/or by being adapted to a specific technical implementation.
Concerning contribution by way of application to a particular field of technology, the following specific examples are given:
De-noising, detecting persons in a digital image, estimating the quality of a transmitted digital audio signal;
Mapping a speech input to a text output;
Error-correction coding of data for transmission over a noisy channel, compression of audio, image, video or sensor data;
Optimizing load distribution in a computer network;
Determining the energy expenditure of a subject by processing data …Read More
On 30 October 2018, the Brazilian National Institute of Industrial Property (INPI) in order to reduce its current backlog published Rule 227/2018, regulating for the analysis of patents using the results of searches in other national or regional patent offices.
The Rule is applicable to patent applications which:
1. have not already been submitted to technical examination of the INPI;
2. have not applied to any other form of priority examination by the INPI;
3. have not received any pre-grant opposition;
4. have a counterpart application with prior art searches realized by national or regional patent offices in other countries.
Once the above conditions are fulfilled, the INPI will publish an opinion (under code 06.20) setting out prior art documents cited by foreign patent offices and inviting applicant to submit a new set of claims and/or arguments as to the patentability of the claimed invention. Thereafter, the applicant will have 60 days from the date of publication to answer such queries.
The new Rule is based on the findings of an existing pilot program introduced in January 2018, with the objective of evaluating the possible simplification and streamlining of technical procedures for examination …Read More
On October 26, 2018, the Uruguayan PTO published Official Notice 5/2018 which establishes a maximum number of two office actions issued during the substantive examination of patent applications and utility models.
This Official Notice, which will enter into force on November 1, 2018, revokes previous Notice 11/2015, which stated that the Patent Office could issue a maximum of three office actions during the examination of patent, utility models and industrial design applications.
Regarding the terms to file a response to the office actions issued during the examination of patent and utility model applications, Notice 5/2018 further establishes that:
– The term to respond to an office action issued during substantive examination will be of 45 days, which can be extended once for an additional 45-day term.
– If after the reply to the office action or within the deadline to answer it, new elements arose, which could affect the patentability, the examiner may issue a further single office action granting a term of 30 days to respond, extendable once for an additional 30-day term. In these cases, the examiner must expressly indicate the new elements causing the issuance of a further office action.
Source: http://www.miem.gub.uy…Read More
The Open Invention Network (OIN) is a community committed to safeguarding Linux as well as other open source software programs against patent risk. Since it was first founded in 2005, the OIN consortium has grown to a community of around 2,700 members from a vast array of industries. The singular mission of OIN is to provide a patent non-aggression zone around Linux, a family of open-source operating system software built around what is known as the Linux kernel.
OIN aims to build a voluntary system of patent cross-licenses between member companies that encompass Linux System technologies. In addition, OIN has also actively acquired patents to help defend the community and offers education as well as advice about the convergence of open source and intellectual property.
Currently, the organization offers a license platform including individual developers and startups as well as some of the largest patent holders and technology companies in the world, including Google, IBM, NEC, Philips, RedHat, Sony, SUSE and Toyota.
Importantly, Microsoft announced on October 10, 2018 that it is joining the Open Invention Network (OIN) bringing more than 60,000 issued patents to the network. This act will help make the license network even stronger …Read More
Among the key technologies of this century, nanotechnology raises particularly high expectations in a wide range of areas affecting daily life. Nanotechnology is a science, which operates at an extremely small scale: between 1 and 100 nanometers (1 to 100 billionths of a meter). In fact, entities with a controlled geometrical size of at least one functional component below 100 nanometres in one or more dimensions is susceptible of making physical, chemical or biological effects in an unexpected way. At this scale interesting and potentially promising phenomena such as statistical and quantum mechanical effects become evident. Therefore, it is easy to see how manipulating matter at the atomic level could potentially lead to enormous developments.
Nanotechnology can occur in almost any area of science and engineering: it is just as relevant to biotechnologists and physicists as it is to electrical and mechanical engineers or materials scientists. The interdisciplinary nature of the field means that anyone interested in literature on nanotechnology, especially existing patent documents, struggles to retrieve it from the databases available.
For example, according to StatNano (*), a total number of 20187 patents have been published in United States Patents …Read More