Sound Around
AB covers patent issues
mainly in a political/strategical perspective
The demand
for patent rights world-wide has increased with 250% from 1994
to 1998 according to Trilateral Statistical Report 1999. This trend is
still very valid due to an increased number of patent applications world-wide.
Very recently there has been a slight change downwards.
Sound Around
AB and Torbjörn Larsson can inform you on latest patent developments
in several ways.
The most
usual way is by consultancy assignment regarding
- different current patent issues
- education
and courses
- evaluation
of strengths and weaknesses of patents
- development
of patent strategies
The International
competition will increase.
All inventors and SMEs will meet a much harder competition also in the
field of IPR (Immaterial Property Rights). To be able to raise Venture
Capital you normally need some Protection of your technology and/or business
idea.
Sound Around
AB has been covering the development of different patent issues by attending
International conferences, participating in an International working group
and by coverfollowing the information flow on the Internet.
Different
patent laws and International conventions
Basically,
the patent laws are national laws. Since a number of years the development
of National patent law is mainly influenced by International organisation,
International Conventions and International Treaties and in the casd of
Sweden, by the EU.
Europe
A National patent in Europe today can be granted according to two different
procedures.
Firstly,
a patent can be granted by a National Patent Office (if there is an examination
performed in the office). Secondly, a patent can be granted by the EPO
(European Patent Office) according to procedures of the EPC (European
Patent Convention). The granting decision of the EPO will be valid in
different member nations of the EPC when a translated patent document
is filed at the National Patent Office. In Sweden such a translation has
to be filed within 3 months after the granting decision by the EPO.
In Europe, it is not possible to get a patent protection for business
models. In the EPO examination of applications there is a requirement
of "technical effect" which has to be met by the applicants.
EU
The European Union has been working many years with establishing a Community
Patent. A proposal was published in August 2000, indicating that a third
patent system should be established within the EU.
USA
In US there has been a major change in the patent law due to AIPA, American
Inventors' Protection Act, of 1999. The new law has been fully implemented
at November 29, 2000.
An even
bigger change took place in 1998, when a decision made by the Supreme
Court made it possible to get a patent protection for a business model.
The American Patent Office (USPTO)has since 1998 made several changes
in the examination procedure in order to raise the quality of issued patents
in the field of business methods.
Japan
Japan has the same basis system as the rest of the world - First to file.
But the development of the Japanese patent law is following many development
trends of the US-system, in such areas as Software Patents and Business
Method Patents
Different
patent principles.
The "First to file-system" is used by Europe, Japan and
the rest of the world. The main idea is that the First person to file
a patent application is the person who can get the application granted.
The "First
to invent-system" is used by the USA, the Philippines and the
Jordan. In this system the true inventor is the only one who can apply
for a patent. The inventor can under certain conditions disclose his Invention
without loosing his right to obtain a patent Protection.
The patent
systems are in change throughout the world. Europe is a kind of test bench
for new ideas because of the request of a new system (the Community Patent).
Development
work is carried out both within the EU (European Union) and within the
EPC (European Patent Convention), besides minor changes in national law
and examination procedures. But perhaps the most important work is now
carried out within the WIPO, there development of the PCT-system is discussed.
Important
International organisation
WIPO - World Intellectual Property
Organisation
WIPO is a body of the United Nation and the WIPO is the forum of International
conventions like the PCT (Patent Co-operation Treaty) and the PLT (Patent
Law Treaty)
Today the PCT-system is under heavy discussions due to initiatives from
America to make the PCT-system even more efficient and smooth in operation.
In Europe the EC (European Commission) is trying to design a new
patent system, which will hopefully be more cost effective than the existing
systems. In the proposal there is also a proposal regarding a new judiciary
system of the Community Patent.
EPO - European Patent Organisation
The EPO started its activities in 1978 due to an International agreement
- the EPC, European Patent Convention, which is the legal basis of the
EPO.
By forming the EPO, Europe got an organisation that in one single examination
and decision could grant a patent Protection, which could be validated
in all member states of the EPO, if a translation of the patent document
was filed at the actual National patent office.
Also in
the EPC framework there is an intensive discussion on developing the EPC-system
and make the system less expensive and increase the legal certainty of
the judicial system.
IFIA,
The International Federation of Inventors' Association, seated in
Geneva, is the International organisation for all National Inventors'
Association and their members. The IFIA has an observatory status in the
WIPO as well as in the EPO.
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