1 / 11

Thierry SUEUR Vice Chairman of the Patent Working Group / UNICE

AIPLA – FICPI Colloquium : Reform of the PCT. Nice April 8-9, 2003. Thierry SUEUR Vice Chairman of the Patent Working Group / UNICE Vice President / Intellectual Property / AIR LIQUIDE Past President of LES International April 8-9, 2003.

amadis
Télécharger la présentation

Thierry SUEUR Vice Chairman of the Patent Working Group / UNICE

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. AIPLA – FICPI Colloquium :Reform of the PCT Nice April 8-9, 2003 Thierry SUEUR Vice Chairman of the Patent Working Group / UNICE Vice President / Intellectual Property / AIR LIQUIDE Past President of LES International April 8-9, 2003

  2. PatentCooperation Treaty Why and how PCT is used ? Advantages and Problems Thierry SUEUR Vice Chairman of the Patent Working Group / UNICE Vice President / Intellectual Property / AIR LIQUIDE Past President of LES International April 8-9, 2003

  3. PatentCooperation TreatyThe original goals of the Washington Treaty • June 19th, 1970 • February 3rd, 1989 • September 28th, 1997 • October 3rd, 2001 (as in force from April 1st, 2002) Thierry SUEUR Vice Chairman of the Patent Working Group / UNICE Vice President / Intellectual Property / AIR LIQUIDE Past President of LES International April 8-9, 2003

  4. PatentCooperation Treaty The Contracting States, • Desiring to make a contribution to the progress of science and technology, • Desiring to perfect the legal protection of inventions, • Desiring to simplify and render more economical the obtaining of protection for inventions where protection is sought in several countries, • Desiring to facilitate and accelerate access by the public to the technical information contained in documents describing new inventions, Thierry SUEUR Vice Chairman of the Patent Working Group / UNICE Vice President / Intellectual Property / AIR LIQUIDE Past President of LES International April 8-9, 2003

  5. PatentCooperation Treaty • Desiring to foster and accelerate the economic development of developing countries through the adoption of measures designed to increase the efficiency of their legal systems, whether national or regional, instituted for the protection of inventions by providing easily accessible information on the availibility of technological solutions applicable to their special needs andb by facilitating access to the ever expanding volume of modern technology, • Convinced that cooperation among nations will greatly facilitate the attainment of these aims, • Have concluded the present Treaty : … Thierry SUEUR Vice Chairman of the Patent Working Group / UNICE Vice President / Intellectual Property / AIR LIQUIDE Past President of LES International April 8-9, 2003

  6. Economy • Differ (some) translation costs but • Transmittal fee : 60 € • Basic fee : 444 € • Designation fee : 480 € • Total 984 € +Search fee : 945 € +Preliminary exam : 1 430€ Thierry SUEUR Vice Chairman of the Patent Working Group / UNICE Vice President / Intellectual Property / AIR LIQUIDE Past President of LES International April 8-9, 2003

  7. PCT since new article 22 (1) • No preliminary exam request necessary for 30 months validation deadline (except Brazil) Thierry SUEUR Vice Chairman of the Patent Working Group / UNICE Vice President / Intellectual Property / AIR LIQUIDE Past President of LES International April 8-9, 2003

  8. Problems • Some states are not members of PCT : Argentine, Venezuela, Taïwan … • Competent receiving offices, very strict on formalities (drawings, priority …) Thierry SUEUR Vice Chairman of the Patent Working Group / UNICE Vice President / Intellectual Property / AIR LIQUIDE Past President of LES International April 8-9, 2003

  9. Advantages / Drawbacks 1. From the applicant point of view • Time for final decision : - 1 year is short - 30 months is better - (temporary) Budget constraints • Search report • Preliminary examination Thierry SUEUR Vice Chairman of the Patent Working Group / UNICE Vice President / Intellectual Property / AIR LIQUIDE Past President of LES International April 8-9, 2003

  10. Advantages / Drawbacks 1. From the Third Parties point of view • What is the real final intent of applicant ? • Need to make (risky) assumption on applicant’s strategy Thierry SUEUR Vice Chairman of the Patent Working Group / UNICE Vice President / Intellectual Property / AIR LIQUIDE Past President of LES International April 8-9, 2003

  11. PatentCooperation TreatyConclusions • One filing : easy (last minute) access • Buy time • Access to publications easier but still national applications • Increases risks Thierry SUEUR Vice Chairman of the Patent Working Group / UNICE Vice President / Intellectual Property / AIR LIQUIDE Past President of LES International April 8-9, 2003

More Related