Weekly Patent Update – Oct 2021 (3 of 3)

“CPCs assigned by EPO examiners to EP applications are searchable on or after week 37 2021 (publication date 15 September 2021) in a number of EPO tools, including the European Publication Server.

In the following example we enter CPC Y02P20 in the IPC/CPC field and select kind code A1 to retrieve all A1 documents published by the EPO on or after 15 September 2021 in the field of climate change mitigation technologies relating to the chemical industry.

If we click the XML link beside a publication number in the hit list, a view of that individual publication is displayed – in this case EP3889128A1. Under the list of IPC symbols, a number of CPC symbols are indicated, including the one we used in our search. Note: CPC information is not yet available in the official PDF version of EP publications.

In the above publication we can also see two Combination Sets – or “C?Sets” – below the CPC symbols. Unlike individual CPC symbols that classify a specific technical feature, linked symbols – also assigned by patent examiners – classify technical features “taken in combination” and vary in meaning depending on the technical field.
A C-Set

• can be thought of as a recipe featuring a sequence of ingredients (CPC symbols)
• can link chemical compounds and processes, as in our example
• can have multiple layers, each layer being a separate C?Set.

Visit the CPC Training webpage for more information on C?Sets.

In addition to their searchability in the European Publication Server, CPCs and C?Sets are also searchable from the EP publication date in the following tools:

• EP full-text search
• EP Bulletin search

At global level, CPC and C-Sets are also searchable in:

• Espacenet
• Global Patent Index (GPI)
• PATSTAT Online

The following is an example of a GPI document showing classification information, including “CPC International” information where all CPC symbols assigned by CPC-classifying offices are aggregated and propagated to all members of a given simple patent family.

“

“The amount of time in which patent owners have the exclusive right to work their invention is vital. While the usual term of 20 years is calculated from the date of filing of the application, it is actually the date of grant which is most important when it comes to planning production lines and implementing commercialisation strategies.

With research cycles becoming shorter and shorter, getting a patent granted without too much delay takes on an even greater significance. In major Asian jurisdictions such as China, Japan and Korea, this has led to an increase in the number of requests for accelerated examination as well as requests from applicants for compensation for excessive delays in the granting procedure that are not their fault.

In 2012, the Korean Patent Office (KIPO) was the first of the major Asian offices to introduce a patent term adjustment (PTA) system under which applicants can request an extension of the normal patent term in the case of delays in the granting procedure. Japan and China have recently followed suit.

2019: PTA in Japan

Patent term adjustments became part of Japanese patent law in 2019. They are granted in cases where the grant of the patent takes longer than five years from filing or three years from the request for examination, whichever is later.

As the first cases will not become visible until 2024 at the earliest, we can only assume – looking at the introduction of PTA in Korea – that there will not be too many of them, particularly as it seems that the introduction of PTAs is part of a number of measures taken by the JPO to speed up the examination process. These include reducing the number of preliminary rejections/notices issued by examiners. Around 15 years ago it was not unusual for four or even five such communications to be issued; this figure has since been reduced to just one or two in advance of the final decision.

2021: PTA in China

On 1 June 2021, the Chinese Patent Office (CNIPA) introduced a PTA system which goes even further. According to this new law, where no final decision has been taken within these periods, applicants can request patent term adjustments as early as four years from filing or three years from the date of the request for examination.

In a country where the number of granted patents (rather than the number of applications filed) determines the financial support received by research institutes and universities, an earlier grant date is even more important.

This introduction of PTAs will result in a new legal event in China too, although the first cases are not likely to appear in the databases until 2025.”

“European Parliament legislative resolution of 14 September 2021 on the proposal for a regulation of the European Parliament and of the Council on the extension of the term of Community plant variety rights for the species asparagus and the species groups flower bulbs, woody small fruits and woody ornamentals (COM(2021)0036 – C9- 0010/2021 – 2021/0019(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

– having regard to the Commission proposal to Parliament and the Council (COM(2021)0036),

– having regard to Article 294(2) and the first paragraph of Article 118 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C9-0010/2021),

– having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

– having regard to the opinion of the European Economic and Social Committee of 24 March 20211 ,

– having regard to the provisional agreement approved by the committee responsible under Rule 74(4) of its Rules of Procedure and the undertaking given by the Council representative by letter of 14 July 2021 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,

– having regard to Rule 59 of its Rules of Procedure,

– having regard to the report of the Committee on Agriculture and Rural Development (A9-0171/2021),

1. Adopts its position at first reading hereinafter set out;

2. Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

3. Instructs its President to forward its position to the Council, the Commission and the national parliaments.

P9_TC1-COD(2021)0019

Position of the European Parliament adopted at first reading on 14 September 2021 with a view to the adoption of Regulation (EU) 2021/… of the European Parliament and of the Council on the extension of the term of the Community plant variety rights for varieties of the species Asparagus officinalis L. and of the species groups flower bulbs, woody small fruits and woody ornamentals

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 118, first paragraph, thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Having regard to the opinion of the European Economic and Social Committee1 ,

Acting in accordance with the ordinary legislative procedure,

Whereas: (1) Technical difficulties in breeding, due to complex genetic backgrounds or due to the slow or technically complicated reproduction of the species Asparagus officinalis L. and the species groups flower bulbs, woody small fruits and woody ornamentals, need to be addressed by means of investments in research and development activities. Once protection of plant variety rights is granted for that species and those species groups, it takes years to multiply the plants and to build up a stock that is sufficiently large to generate a reasonable income. Accordingly, the time during which the holder of the plant variety rights can generate income based on that protection is limited ?. To encourage investments in research and development for ?varieties of that species and those species groups, it is necessary to prolong the term of protection of plant variety rights and incentivise breeding activities to develop new varieties in order to meet the needs of farmers and consumers and to address the impact of climate change. Those investments require more time to be profitable than for the overwhelming majority of other species, such as agricultural crops, which often have a shorter life span and a larger and wider range of consumers.

(2) The market introduction and market uptake of a new variety of the species Asparagus officinalis L. and the species groups flower bulbs, woody small fruits and woody ornamentals require more time in order for that new variety to be profitable than for other species, as experience has shown that such a new variety reveals its commercial value only in the long term. For those reasons, an equitable refunding of investments in research and development is only possible at a fairly late stage of the protection of that species and those species groups in comparison with ?other species.

(3) Council Regulation (EC) No 2100/941 establishes a system of Community plant variety rights as the sole and exclusive form of Community industrial property rights for plant varieties. In accordance with Article 19(1) of that Regulation, the term of the Community plant variety right is to run until the end of the 25th calendar year or, in the case of varieties of vine and tree species, until the end of the 30th calendar year, following the year of grant. 

(4) In order to establish a legal environment conducive to achieving an equitable refunding, it is appropriate to extend by a further five years the term of the Community plant variety rights for varieties of the species Asparagus officinalis L. and of the species groups flower bulbs, woody small fruits and woody ornamentals. That extension should apply to rights granted before, on or after the date of entry into force of this Regulation. 

(5) For reasons of consistency, such extension should apply to all Community plant variety rights for varieties of the species Asparagus officinalis L. and of the species groups flower bulbs, woody small fruits and woody ornamentals.

(6) The period of extension should be reduced if national property rights for those varieties have been effective in a Member State prior to the grant of a Community plant variety right and, accordingly, would already have allowed breeders to exploit their varieties,

HAVE ADOPTED THIS REGULATION

Article 1

Extension of the term of Community plant variety rights 

? 1. The term of the Community plant variety rights, as provided for in Article 19(1) of Regulation (EC) No 2100/94, shall, for varieties of the species Asparagus officinalis L. and of the species groups flower bulbs, woody small fruits and woody ornamentals ?, be extended by five years. ?

2. Paragraph 1 of this Article is without prejudice to Article 116(4), fourth indent, of ? Regulation (EC) No 2100/94. ?

Article 2 

Reduction of the extension 

For plant varieties for which one or more national plant variety rights have been granted prior to the grant of a Community plant variety right, but to which Article 116(4), fourth indent, of Regulation (EC) No 2100/94 does not apply, the extension of the term provided for in Article 1 of this Regulation shall be reduced by the longest period in full calendar years during which any national plant variety right or rights granted have been effective in a Member State in respect of the same variety prior to the grant of the Community plant variety rights. ?

Article 3

Entry into force ?

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. ? This Regulation shall be binding in its entirety and directly applicable in all Member States.

“Appointment of the Eurasian Patent Office (EAPO) as an International Searching Authority (ISA) and International Preliminary Examining Authority (IPEA) under the PCT was considered by the Fifty-Third (23rd ordinary) session of the PCT Union Assembly held on October 7, 2021, in a hybrid format at the World Intellectual Property Organization (WIPO) headquarters.

A positive recommendation to the Assembly of the PCT Union regarding the appointment was earlier made by the PCT Committee for Technical Cooperation at its session on October 6, 2020.

Making a statement to the Assembly, the President of the EAPO Saule Tlevlessova stressed the importance of this appointment for the Eurasian Patent Organization, and for applicants from all of its Member States. Saule Tlevlessova presented achievements of the Eurasian region in the field of education and potential in terms of innovative development. The EAPO President noted that the COVID-19 pandemic did not affect the EAPO’s readiness to start operation as an International Authority in the shortest possible time since the EAPO achieved a high level of digitalization, which ensures effective remote work with applicants and the International Bureau of WIPO. Saule Tlevlessova also thanked the industrial property offices of China and the Russian Federation for their assistance in assessing the readiness of the EAPO to perform the functions of ISA and IPEA, the countries that submitted written statements supporting the appointment of the EAPO, as well as the management and staff of WIPO for advice and consultations on the appointment procedure.

The delegations of the Russian Federation, Spain, Japan, China, the United States, and the Republic of Korea spoke out in support of the appointment of the EAPO as an ISA and IPEA.

Upon appointment consideration, the PCT Union Assembly approved the text of the draft Agreement between the EAPO and the WIPO International Bureau in relation to the functioning of the Eurasian Patent Office as an ISA and IPEA under the PCT and appointed the EAPO as an International Searching and Preliminary Examining Authority for the period from the date of entry into force of this Agreement until December 31, 2027.

WIPO Director General Daren Tang congratulated the EAPO on obtaining the status of an International Authority under the PCT. He noted the positive experience of cooperation between the WIPO International Bureau and the EAPO during all the years of functioning of the Eurasian Office, and expressed confidence in the further development of this cooperation in connection with the new capacity of the EAPO.

The EAPO, after the signing of a corresponding Agreement, will inform the WIPO International Bureau about the date of commencement of the EAPO’s operations as an ISA and IPEA.”

“1. (1) These Rules, which may be cited as the Circuit Court Rules (Intellectual Property) 2021, shall come into operation on the 12th day of October 2021.

(2) These Rules shall be construed together with the Circuit Court Rules 2001 to 2021.

(3) The Circuit Court Rules 2001 to 2021 as amended by these Rules may be cited as the Circuit Court Rules 2001 to 2021.

2. The Circuit Court Rules 2001 to 2021 are hereby amended by the insertion, immediately following Order 5C, as Order 5D, of the Order set out in the Schedule.

Schedule 

“Order 5D 

Intellectual Property Claims 

Definitions 

1. In this Order, unless the context or subject matter otherwise requires—

the “1992 Act” means the Patents Act 1992;

the “1996 Act” means the Trade Marks Act 1996;

the “2000 Act” means the Copyright and Related Rights Act 2000;

the “2001 Act” means the Industrial Designs Act 2001;

the “2019 Act” means the Copyright and Other Intellectual Property Law Provisions Act 2019;

“intellectual property claim” has the same meaning as in section 2 of the 2000 Act.

Additional particulars required in civil bill in intellectual property claim

2.(1) An intellectual property claim shall be commenced by the issue and service of an ordinary civil bill, in the Form 2A in the Schedule of Forms, with the modifications necessitated by this rule, which shall:

(i) state the registered number of any registered intellectual property right to which the intellectual property claim relates;

(ii) set out full particulars of the ownership of any unregistered intellectual property right concerned in the proceedings, or of the right of the plaintiff to claim infringement;

(iii) include particulars of the nature and extent of any intellectual property right relied upon by the plaintiff (including the capacity in which the plaintiff sues if not the registered proprietor or proprietor of the intellectual property right concerned);

(iv) include particulars of the nature and extent of the alleged infringement of any intellectual property right relied on by the plaintiff;

(v) set out the material facts relied on in support of the intellectual property claim;

(vi) state specifically the relief sought against each defendant and every provision or rule of law relied on in support of each such relief and, where relief under the 1992 Act, 1996 Act, 2000 Act and/or 2001 Act is sought, the particular provisions under which relief is sought and the grounds for each such relief;

(vii) state such facts as shall show jurisdiction in accordance with reference number 30 in the Third Schedule to the Courts (Supplemental Provisions) Act 1961.

(2) The requirements of this Order are additional to the requirements of Order 5 as regards civil bills.

Civil application for delivery up 

3.(1) An application to the Court in or by way of a civil proceeding for the delivery up of:

(i) infringing goods, material or articles under section 20 of the 1996 Act; or

(ii) an infringing article, copy, or device under section 131 of the 2000 Act; or

(iii) an illicit recording, article or device under section 255 of the 2000 Act; or

(iv) an infringing product or article under section 61 of the 2001 Act

may be made ex parte to any sitting of the Court in the Circuit wherein it is believed that such infringing articles, copies or devices are in the possession, custody of control of any person.

(2) The application shall be grounded upon an affidavit sworn by or on behalf of the proprietor of the registered trade mark, the copyright owner or a person having rights conferred by Part III of the 2000 Act, or his or its authorised representative.

(3) Where an application has been made, and remains undetermined, in a criminal proceeding, for the delivery up of some or all of the same article(s), copies, devices or products, an application under this rule shall not be determined until the determination of the application in the criminal proceeding.

(4) The Court may adjourn an application under this rule and direct that a person against whom relief is sought be served with notice of the application, in such manner as the Court directs.

Civil application for erasure etc of offending sign or for forfeiture or disposal 

4.(1) Subject to sub-rule (3), an application to the Court in or by way of a civil proceeding for:

(i) an order to cause an offending sign to be erased, removed or obliterated from any infringing goods, material or articles, or to secure the destruction of infringing goods, materials or articles under section 19 of the 1996 Act, or

(ii) an order for the destruction or forfeiture of infringing goods, material or articles under section 23 of the 1996 Act, or

(iii) an order for the forfeiture or disposal of an infringing copy, article or device under section 145 of the 2000 Act, or

(iv) an order for the forfeiture or disposal of an illicit recording, article or device under section 264 of the 2000 Act, or

(v) an order for the forfeiture or disposal of an infringing product or article under section 72 of the 2001 Act,

shall be by originating notice of motion grounded upon an affidavit, and shall be served by the applicant, by personal service or by prepaid registered post, at least seven days before the date of the sitting of the Court to which it is returnable:

(a) on the respondent thereto,

(b) on any other person appearing to have an interest in the goods, materials, articles, copies, devices or products concerned, and

(c) on any other person directed by the Court to be served.

(2) Where an application has been made, and remains undetermined, in a criminal proceeding, for the delivery up of some or all of the same article(s), copies, recordings, devices or products, an application under this rule shall not be determined until the determination of the application in the criminal proceeding.

(3) Notwithstanding sub-rules (1) and (2), the Court may, where it has determined an intellectual property claim, determine an application under section 19 of the 1996 Act made orally to the Court concerning infringing goods, material or articles which were the subject of that intellectual property claim, without the necessity for the issue of a further originating notice of motion, provided that the Court is satisfied that all persons having an interest in the infringing goods, material or articles concerned are before the Court and have had an opportunity to be heard.”

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These rules amend the Circuit Court Rules by the insertion of a new Order 5D to prescribe the procedure in intellectual property claims.

The following update has been machine-translated from Spanish.

“Dear Users, it is reported that on Monday, September 27, 2021, the following agreements on industrial property have been published in the Diario de Centro América (link for their disposal):

Patents and Industrial Designs Department:

Ministerial Agreement No. 396-2021, Apply the International Patent Classification (CIP), established in the Strasbourg Agreement, in its current edition for the year two thousand twenty-one.

(https://rpi.gob.gt/wp-content/uploads/2021/09/Acuerdo-Ministerial-No.-396-2021-CIP-Arreglo-Estrasburgo.pdf)

Ministerial Agreement No. 398-2021, Apply the International Classification of Industrial Designs, thirteenth edition of the Locamo Agreement.

(https://rpi.gob.gt/wp-content/uploads/2021/09/Acuerdo-Ministerial-No.-398-2021-DI-Arreglo-Locarno.pdf)

Trademarks and Other Distinctive Signs Department:

Ministerial Agreement No. 397-2021, Apply the International Classification of Products and Services for the Registration of Trademarks (Nice Classification) eleventh edition.

(https://rpi.gob.gt/wp-content/uploads/2021/09/Acuerdo-Ministerial-No.-397-2021-Clasificacion-Niza-11ma..pdf)”

The following update has been machine-translated from Polish.

“We would like to kindly inform you that as of October 1, 2021, the activity of the Contact Point between the Patent Office of the Republic of Poland ( UPRP ) and its Chinese counterpart – the PRC National Intellectual Property Administration (CNIPA) will be extended .

The new initiative meets the expectations of Polish and Chinese entrepreneurs, as well as all other users of the industrial property protection system who are interested in the legal protection of their products and markings on the territory of these countries. Based on the arrangements with the CNIPA, the operation of the Contact Point will be extended for a period of almost 5 years, i.e. until June 23, 2026.

At the same time, a one-year pilot period was completed, which was aimed at checking the program in practice, as well as getting to know the expectations of entrepreneurs, representatives, applicants and entitled persons in the field of Chinese law, administrative and other procedures in more detail. The unanimous decision and a positive recommendation regarding the completion of the pilot project and the implementation of a full-fledged form of contact were made jointly by both leaders of the institution – on the Chinese side, Mr. Shen Changyu, CNIPA Commissioner, and on the Polish side, Mrs. Edyta Demby-Siwek, President of the UPRP .

The purpose of establishing a Contact Point between the PPO and the CNIPA is to assist entrepreneurs operating on foreign markets in Poland and China in obtaining and maintaining their innovative solutions ( inventions , utility and industrial models , trademarks ).

The Contact Point will help applicants and rights owners to obtain the necessary information in the protection of their solutions in a given country. The Chinese market is a place of significant and constantly growing commercial activity of Polish entrepreneurs. Also, the statistics of the official Information Center for the Protection of Industrial Property show that the number of contacts and inquiries from Chinese reporting persons regarding matters pending specifically before the PPO and more broadly questions about the Polish and EU system is growing very intensively .

Therefore, it is important that both Polish and Chinese entrepreneurs have the opportunity to easily obtain specific information on, inter alia, procedures for reporting, protection against infringement of exclusive rights, etc. Taking care to protect your innovations in the country where you intend to conduct business activity will allow you to avoid possible costs and unnecessary administrative or court proceedings related to the enforcement of these rights.

Persons designated as part of the Contact Point:

on the Chinese side, the person designated to assist the Polish side is:
Mr. ZHAO Qing
Deputy Director
International Cooperation Division III
International Cooperation Department
China National Intellectual Property Administration

on the Polish side, the person designated to help the Chinese side is:
Ms Sylwia CAPIGA-WILEWSKA
Senior Expert                        
Information Center for the Protection of Industrial Property
Patent Office of the Republic of Poland

The parties have agreed that Ms Sylwia Capiga-Wilewska will be the contact person for all Polish citizens interested in obtaining information about the Chinese system. Ms Capiga-Wilewska will collect information and inquiries from interested parties, pass them on to the Chinese side, and then provide feedback. Therefore, we encourage you to submit inquiries and use this form of consultation.

Contact details:
Ms Sylwia Capiga-Wilewska
Information Center for the Protection of Industrial Property
tel. (22) 579 05 55
e-mail: sylwia.capiga-wilewska @ uprp .gov.pl
Patent Office of the Republic of Poland / al. Niepodleg?o?ci 188/192 / 00-950 Warsaw
Monday-Friday from 8.00-16.00

We cordially encourage all entrepreneurs and other interested parties to use the opportunities and services of the Polish-Chinese information point!”

The following update has been machine-translated from Spanish.

“Range of the standard : Draft law. Subject : Industrial property. Agency : Spanish Patent and Trademark Office, OA

Summary:  Through this draft law, Law 17/2001, of December 7, on Trademarks, Law 20/2003, of July 7, on the Legal Protection of Industrial Design and Law 24/2015, are partially modified, of July 24, Patents, in order to address a joint reform of the three main industrial property laws through a single legal text. Thus, it is intended to carry out an update of certain aspects related to industrial property rights, in such a way that the people who own them and the rest of the actors involved enjoy greater legal certainty, while proceeding to the clarification of certain aspects that the practice carried out since the last reforms has shown to be confusing.

In particular, the reasons that justify the need to reform Law 17/2001, of December 7, on Trademarks again, are due to the opportunity to make certain adjustments to said regulations in order to provide it with greater coherence and precision. To this end, substantive and procedural norms are introduced that are recommended by the experience achieved, as well as by the practices followed in neighboring countries. Likewise, these changes are intended to respond to different situations that have arisen in recent times in our society in order to provide greater protection to applicants and holders of distinctive signs.

In the current regulatory context, the reform of Law 20/2003, of July 7, on the Legal Protection of Industrial Design, responds to the adaptation of the regulations to the international and European context, the clarification of some of its precepts and the increase of legal security in economic traffic, as well as the need to adapt its spirit to the regulatory changes that have occurred. In particular, the proposal for legislative modification of designs responds to the current needs of a dynamic and increasingly virtual market that requires, in turn, a procedure that reflects these particularities through the greater speed and simplicity of its procedures.

More than four years after the entry into force of Law 24/2015, of July 24, on Patents, both formal and substantive reasons justify the need to address a reform of said Law. On the one hand, the experience of These years have shown the need to provide greater clarity and coherence to different provisions in order to provide greater legal certainty for users of the system. Likewise, deficiencies have been detected that are intended to be corrected with the proposed modifications. Another objective that is intended to be achieved with the legislative amendment is to adapt Spanish patent regulations to the normative and interpretative changes operated in the field of patents at the international level. Thus, for example, it has given rise to intense debates, both within the European Patent Office, and the European Union, the clarification of those inventions excluded from protection because they are essentially biological processes, as well as the products obtained exclusively from these processes. Finally, those legal figures that have led to an improvement in the patent system in neighboring countries have been introduced into our legislation, such as derived utility models. 

Term of submission : Term to present allegations from October 21 to November 19, 2021 .

Presentation of allegations :

The allegations may be sent to the email address:  CoordinacionJuridica@oepm.es

Only observations in which the sender is identified will be considered.

In general, the answers will be considered non-confidential and, consequently, freely disseminated. The parts of the information that are to be considered confidential must be specifically indicated and delimited in the text itself, giving reasons for such qualification.

Draft text

MAIN of the Preliminary Project“

“The EPO has recently launched on 13 October the pilot for the new Cooperation Search system, which will be used by over 100 examiners in 8 national offices over an initial period of six months. The pilot national offices of member states include the UK, France, Sweden, Czech Republic, Switzerland, Spain, Denmark and Austria, with other offices either testing or intending to join later.

The tool is closely based on the EPO’s modern ANSERA search system, in use since 2016, and aims to eventually replace the current EPOQUENET system used by member states since 1991.

The system will be hosted on the Cloud to enable scalability, and in order to offer users the latest advanced search technology available. The pilot will exclusively use data available to the public and is not expected to replace EPOQUENET in formal processes for some time.

It nevertheless represents a very significant step forward in terms of modernisation for patent office examiners.

The IT Cooperation Programme was launched under the EPO Strategic Plan 2023 and aims at equipping the member states of the EPO with modern IT tools that are co-created by a community of national experts, end users and international partners.”

“On 13th October 2021, a Lithuanian patent application became the first national filing to be made using new Front Office e-filing software. This is the result of intense collaboration between the EPO and several national patent offices including Lithuania, Spain and Greece, as part of the EPO’s IT Co-operation Programme.

The initial Front Office service, launched today, supports the filing of national patent applications at a national office. The scope of the service will be incrementally extended to cover the filing of various requests and replies, EP validations, etc. The service will be hosted on each National Office’s own infrastructure and will be adapted to that office’s specific requirements.

Similar implementation work is underway at the Spanish Patent and Trademark Office (OEPM) where the shared aim is to release a first version of a functioning tool in the coming months. The Hellenic Industrial Property Organisation (OBI) will be the third office to benefit from the development of the new Front Office service. Front Office will eventually be able to support the patent offices of EPO member states with an up-to-date system that replaces the legacy filing system dating from 1999.

The IT Cooperation Programme was launched under the EPO Strategic Plan 2023 and aims to equip EPO member states with modern IT tools that are co-created by a community of national experts, end users and international partners.”

“The Office of Industrial Property and Commerce of Djibouti (ODPIC) and the Ministry of Commerce, Industry and Labour (MCIL) (Samoa), in their capacities as receiving Offices, have notified the International Bureau (IB) under PCT Rule 89bis.1(d) that they will be prepared to receive and process international applications in electronic form with effect from 3 January 2022 and 31 January 2022, respectively.

The Offices will accept international applications filed using ePCT-Filing, and the applicable electronic filing fee reductions listed in item 4 of the Schedule of Fees are indicated in Fee Table I(a).

The notifications containing the requirements and practices of those Offices with regard to the filing of international applications in electronic form were published in the Official Notices (PCT Gazette) on 14 October 2021 at:

https://www.wipo.int/pct/en/official_notices/index.html“

“It is recalled that on 14 June 2021, WIPO introduced a new payment platform for the online payment of certain PCT-related fees and other fees payable to WIPO (please refer to PCT Newsletter No. 06/2021). For the convenience of users, a new landing page, “WIPO Pay”, is now available at:

https://www3.wipo.int/epayweb/public/index.xhtml

You can also access WIPO Pay via a link on the main PCT System page, under “PCT Resources”, at: https://www.wipo.int/pct/en/ and on the right-hand side of the “Fees and Payments – PCT System” page at: https://www.wipo.int/pct/en/fees.

WIPO Pay is a streamlined system allowing you to make payments and view your pending payments with one click, including the possibility to pay several transactions at once. It is secure and encrypted, and payments are processed quickly and confirmed by e-mail.

Further information on payment methods at WIPO is available at: https://www3.wipo.int/epayweb/public/payment-methods.xhtml”

“The e-mail address of the Office of Industrial Property and Commerce of Djibouti (ODPIC) has changed, as follows:

E-mail: dj.epct@odpic.dj

(Updating of PCT Applicant’s Guide, Annex B1 (DJ))

For information on the acceptance, with effect from 3 January 2022, by the Office as receiving Office of international applications filed using ePCT-Filing, as well as information on the electronic filing fee reductions listed in item 4 of the Schedule of Fees that will be applicable, please refer to “Electronic Filing and Processing of International Applications”, above.”

“The National Office of Industrial Property (Dominican Republic) as designated (or elected) Office has changed one of its special requirements under PCT Rule 51bis for entry into the national phase – where applicable, the Office now requires the furnishing of a nucleotide and/or amino acid sequence listing on paper and in electronic form.”

“National protection by way of utility models is now available in the Gambia via the PCT – applicants now have the choice of utility models or patents.

Furthermore, the Registrar General’s Department, Ministry of Justice (Gambia) has notified the International Bureau (IB) of a national filing fee for utility models, payable to it as designated (or elected) Office. The amount of this fee is GMD 2,500 or, for applicants who are not residents of the Gambia, USD 200.”

“National protection by way of utility models is now available in Liberia via the PCT – applicants now have the choice of utility models or patents.

There has been a change concerning who can act as agent before the Liberia Intellectual Property Office (LIPO) in its capacity as designated (or elected) Office – any attorney certified by the Office and registered by the Legal Bar Association or any IP agent certified by the Office may now act as agent.

The Office has notified the IB that, in its capacity as designated (or elected) Office, it applies both the “unintentional” and the “due care” criteria to requests for restoration of the right of priority under PCT Rule 49ter.2.

Furthermore, the Office has notified the IB of a change in the currency and amount of the national filing fee, payable to it as designated (or elected) Office. The amount of this fee is now USD 400.”

“The name of the Ministry of Economy, Department for Intellectual Property (Montenegro) has changed, as follows:

Name of Office: Ministry of Economic Development, Department for Intellectual Property (Montenegro)”

“The Directorate General of the Industrial Property Registry (DIGERPI) (Panama) has notified the IB of an additional e-mail address. The e-mail addresses to be used are now as follows:

E-mail: dgrpi@mici.gob.pa epct@mici.gob.pa”

“The location and the e-mail and Internet addresses of the Patent Office of the Republic of Poland have changed, as follows:

Location: Al. Niepodleglo?ci 188/192 PL-00-950 Warszawa Poland

E-mail: plpctteam@uprp.gov.pl

Internet: https://www.uprp.gov.pl”