The Argentine INPI has published on 29 April 2019 Resolution 112/2019 with the objective to accelerate substantive examination of Argentine first filing patent applications.
The text of said resolution is the following:
SEEN the file EX -2019-16551501- -APN-DOINPI, of the Law of Patents of Invention and Utility Models N° 24,481 (t. o. 1996), as amended by laws Nos. 24,572, 25,859 and 27,444, and by the Regulatory Decree N° 260 dated March 20, 1996, Annex II; and
That, today, Argentina is undergoing a transformation and modernization process which aims to an economy growth based on the incorporation of local and world value chains, regarding innovation as the main axis of the productive development.
That, in this frame, the protection of innovations through the system of patents of invention and utility models fulfills a significant role in the competitiveness of firms, especially our PYMES (Small and Medium Sized Companies, from the acronym in Spanish), which invest in innovation and request to protect cash advances and inventions to be afterwards apply to an industrial development.
That this INSTITUTE is adopting several measures, starting with the reform to the proceedings of Patent Law, …Read More
By Vivianne Cardoso Banasiak, Client Relationship Manager
The year of 2018 was marked by harsh criticism on how the Government was dealing with the Brazilian Patent Office’s (BR PTO) backlog problem. However, since January 1st, 2019 Brazil has a new president, Mr. Jair Bolsonaro, establishing a new political environment. Aligned with the campaign promises, the Brazilian PTO no longer reports to the Ministry of Industry, Foreign Trade and Services, but to the newly created, particularly powerful, Ministry of Economy (which now includes Planning and Foreign Trade). The BR PTO is under the Special Secretariat for Productivity, Employment and Competitiveness, led by Carlos Alexandre da Costa, a former member of the transition team of the new president. On January 8th, 2019, the Ministry of the Economy announced the nomination of Mr. Cláudio Vilar Furtado as the new President of the Brazilian Patent Office. Mr. Furtado is an economist with Doctoral Degree in Business Administration and, aligned with the premises of the new Government, set fairly aggressive goals for BR PTO in the coming years, mainly related to the patent backlog.
For years the BR PTO has struggled to reduce its patent backlog in order to process applications within …Read More
The European Patent Office (EPO), the European Committee of Standardization (CEN) and the European Committee for Electrotechnical Standardization (CENELEC) have signed recently a memorandum of understanding (MoU) to enhance the support they provide to industry and stakeholders in Europe and beyond in the field of standard-essential patents.
This is the first MoU between the organizations who will now work together to extend knowledge about the relationship between standardization and patents.
The purpose of this collaboration is to support inventors, innovators, researchers and industry on standard-essential patents (SEPs) in different areas of technology by promoting the dissemination of technical standards including relevant patented technologies. The agreement complements the established co-operation in this field between the EPO, the European Telecommunications Standards Institute (ETSI) and the European Commission.
“This agreement will help us to provide inventors and innovating businesses with information about the use of standards and patents in their field of activity,” said EPO President António Campinos. “Co-operation with standardization organizations is essential for tackling the challenges arising from the relationship between standards and patents. It will help ensure that the patent system continues to support a competitive innovation environment for businesses …Read More
By Marta Garcia
Since October 2014, the Chilean National Institute of Industrial Property (INAPI) has been working as a competent International Searching Authority (ISA) and International Preliminary Examining Authority (IPEA) for patent applications filed under the Patent Cooperation Treaty (PCT).
Additionally, since January 1, 2018, INAPI can also issue international search reports and international preliminary patentability reports both in Spanish and English.
The following 12 Latin American and Caribbean countries have designated the INAPI as PCT ISA/IPEA: Chile, Colombia, Costa Rica, Cuba, Ecuador, El Salvador, Guatemala, Mexico, Panama, Peru, Dominican Republic and Trinidad and Tobago.
During 2018, 380 applicants — half of which were non-Chilean applicants — designated the INAPI as ISA. This shows an increase of 45% over 2017. Almost half of the patent applications designating INAPI as ISA since 2014 have been in the mechanical field.
In its role as ISA/IPEA, INAPI performed 304 international search reports and written opinions in 2018.
In its role as PCT Receiving Office (RO), during 2018 INAPI received 202 applications, 43% more than in 2017.
Currently, there are 22 Patent Offices worldwide working as PCT ISA/IPEA. In Latin America, the Chilean INAPI and the Brazilian National Institute of Industrial …Read More
The European Patent Office (EPO) recently published its Annual Report 2018.
The main statistics and trends are highlighted below.
European patent applications continued to grow in 2018, reaching 174 317 applications, that is +4.6% with respect to last year.
Large enterprises filed 71% of the last year´s patent applications, SMEs, individual inventors: 20% and universities and public research organizations: 9%.
127 625 patents were granted last year (+20.8% with respect to 2017), 45% of them were granted to EPO member states, US: 24%, Japan: 17%, Korea: 5% and China: 4%.
The opposition rate in 2018 was 3.2%; the decisions in opposition cases were as follows: patent revoked: 27%, patent maintained in amended form: 42% and patent maintained as granted: 31%.
The top 10 countries with the most European patent applications in 2018 were the following:
- US 43 612 (25%)
- Germany 26 734 (15%)
- Japan 22 615 (13%)
- France 10 317 (6%)
- China 9 401 (5%)
- Switzerland 7 927 (5%)
- Korea 7 296 (4%)
- Netherlands 7 140 (4%)
- Great Britain 5 736 (3%)
- Italy 4 399 (3%)
The top 20 applicants in 2018 were the following:
- Siemens 2493
- Huawei 2485
Brazilian Official Gazette no. 2511 – Important Communication regarding Patent pre-grant Prosecution Guidelines
By Belen Priore, Patents Paralegal
On February 19, the Brazilian PTO issued Official Gazette number 2511, which contains an important communication: Creation of new codes whose lack of compliance could end with a shelved application.
Those new codes are as follow:
– 11.18 –Application to be considered as definitively shelved due to non-compliance related to Article 229-C of the LPI: In case of not obtaining the consent of ANVISA referring to the provisions of article 229-C of the law 9279 (requirement for granting patents of pharmaceutical products and processes) the patent will be definitively shelved.
– 6.6.2 – Formal requirement –Brazilian genetic heritage access: Request for the applicant to inform if there was access to the national (Brazilian) genetic heritage or associated traditional knowledge, according to art. 38 (I) of Law 13.123/2015. In order to comply adequately with this formal requirement (either positive or negative access), the applicant is ought to generate a Collection Union Guide (GRU) for replying such requirement:
– For a response with positive access content, the GRU needs to be issued under code 264.
– For a Declaration of Negative Access, the GRU needs to be issued under code 273.…Read More
New Referral to EPO’s Enlarged Board of Appeal to Decide on the Patentability of Computer Simulations
On 28 February 2019, in its decision T0489/14 (Title of the invention: Simulation of the movement of an autonomous entity through an environment, Applicant: Connor, James Douglas) the EPO’s Technical Board of Appeal (TBA) 3.5.07 (Chairman: R. Moufang) referred three questions relating to computer simulations to the EPO’s Enlarged Board of Appeal (EBA).
The case concerns a simulation run on a computer, and the questions relate to the extent to which such a simulation can be considered to be based on technical principles.
The following questions were referred to the Enlarged Board of Appeal for decision:
- In the assessment of inventive step, can the computer-implemented simulation of a technical system or process solve a technical problem by producing a technical effect which goes beyond the simulation’s implementation on a computer, if the computer-implemented simulation is claimed as such?
- If the answer to the first question is yes, what are the relevant criteria for assessing whether a computer-implemented simulation claimed as such solves a technical problem? In particular, is it a sufficient condition that the simulation is based, at least in part, on technical principles underlying the simulated system or process?
The European Patent Office (EPO) and the Licensing Executives Society International (LESI) have signed on 8 February 2019 a Memorandum of Understanding on bilateral co-operation to help innovators make better use of the European patent system. The agreement was signed by EPO President António Campinos and LESI President François Painchaud on the occasion of LESI’s recent Winter Planning Meeting in Miami, Florida.
This enhanced co-operation will enable the EPO and LESI to extend the reach of joint activities for stakeholders in the innovation ecosystem, especially small and medium-sized enterprises, industry representatives, technology transfer experts, publicly funded research organizations, IP advisors, innovation centers, user associations, IP offices and government policy makers.
The Memorandum of Understanding between both partners will remain in effect for a period of five years and extends the successful history of co-operation between the EPO and LESI.
“The main goal of our agreement is to enable current and future innovators to make better use of the patent system by overcoming barriers such as lack of knowledge about IP and commercialization options,” commented EPO President António Campinos. “This will help innovators see the business opportunities that IP can create.”
The co-operation …Read More
The World Intellectual Property Organization (WIPO) published recently its first report in a new flagship series: WIPO Technology Trends, this first edition features Artificial Intelligence (AI) as the theme.
The main insights and trends in AI techniques and application fields, and patenting activity are summarized below.
AI-related inventions are booming, shifting from theory to commercial application:
Since AI emerged in the 1950s, innovators and researchers have filed nearly 340.000 patent applications and published over 1.6 million scientific publications.
Notably, AI-related patenting is growing rapidly: over half of the identified inventions have been published since 2013.
Some areas of AI are growing more quickly than others:
Machine learning is the dominant AI technique disclosed in patents and is included in more than one-third of all identified inventions (134.777 patent documents).
The machine learning techniques revolutionizing AI are deep learning and neural networks, and these are the fastest growing AI techniques in terms of patent filings.
Among AI functional applications, computer vision, which includes image recognition, is the most popular, followed by AI for robotics and control methods.
Many AI patents include inventions that can be applied in different industries:
AI-related patents not only …Read More
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