[DMCA-Activists] Fwd: [Random-bits] WIPO to begin preliminary examination system that will assess compliance with "main patentability criteria"

[Seth Johnson]

-----Original Message-----
From: James Love <address@hidden>
Date: Tue, 23 Dec 2003 08:17:14 -0500
Subject: [Random-bits] WIPO to begin preliminary examination system 
that will assess compliance with "main patentability criteria"

I believe this is a significant step, as WIPO begins exaimination of 
patents for complaince of "main patentability criteria."   jamie

----------
WIPO says,"growing momentum to develop more efficient worldwide patent
systems. . . prompted the reform drive by the various stakeholders in
their endeavor to develop an international system that is accessible,
fair and balanced."

*  "A new enhanced search and examination system providing an
international search and opinion on compliance with *main patentability
criteria* will be available very early in the procedure;"  [emphasis
added]

*  "Centralized availability to third parties of international
preliminary examination reports (past, present and future cases)
through
a request to WIPO."


-------- Original Message --------
Subject: WIPO/PR/2003/372: PCT Reforms Kick In on New Year's Day
Date: Tue, 23 Dec 2003 11:25:47 +0100 (CET)
From: address@hidden
Organization: WIPO
To: address@hidden

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------------------------------


WIPO/PR/2003/372
Geneva, December 23, 2003
PCT Reforms Kick In on New Year's Day

As of January 1, 2004, the first critical steps in seeking patent
protection in multiple countries will be easier as a result of reforms
to the international patent filing system. A series of reforms to the
World Intellectual Property Organization’s (WIPO) Patent Cooperation
Treaty (PCT), ranging from a new simplified system of designating
countries in which patent protection is sought to an enhanced search
and
preliminary examination system, will simplify the complex procedure of
obtaining patent protection in several countries.

The PCT, a highly successful international filing system for patents,
simplifies the first steps that all inventors and applicants seeking
international protection must take and as such is the preferred filing
route for many companies as well as lone inventors.

The reform process, launched under the auspices of WIPO in mid-2001,
seeks to improve the efficiency of the PCT and to facilitate the
ability
of inventors and applicants to obtain patents worldwide in more than
120
countries by submitting a single "international" application.
The rapid increase in the demand for patent applications globally and
the growing technological complexity of patent applications have
severely tested the capacity of patent offices throughout the world to
deal with the rising number of applications in a timely and efficient
manner.

These factors, coupled with a growing momentum to develop more
efficient
worldwide patent systems have prompted the reform drive by the various
stakeholders in their endeavor to develop an international system that
is accessible, fair and balanced.

Through the reform process, and in less than three years, significant
improvements have been introduced in the legal framework which will
generate benefits for users as soon as they come into effect. These
include:

  - A simplified designation procedure and fee structure. Under the new
system, all available countries will be designated for all types of
protection (national, regional) when filing a PCT application.
Consequently, the international filing fee will no longer include a
"designation" component. The current small excess page fee applicable
to
larger applications, however, will still apply.

  - A new enhanced search and examination system providing an
international search and opinion on compliance with main patentability
criteria will be available very early in the procedure;

  - IP offices that are entrusted with processing the applications
through the various steps of the procedure will be better equipped to
handle their workload while maintaining the quality of services
provided;

  - Reduced duplication of work in the processing of PCT applications
during the international and national phases;

  - Centralized availability to third parties of international
preliminary examination reports (past, present and future cases)
through
a request to WIPO.

For further background information, on the PCT System, please consult
http://www.wipo.int/pct/en/index.html and on PCT Reform, please refer
to
http://www.wipo.int/pct/reform/en/index.html or contact the Media
Relations and Public Affairs section at:

Tel: (+41 22) - 338 81 61 or 338 95 47
Fax: (+41 22) - 338 88 10
Email: address@hidden



-- 
James Love, Director, Consumer Project on Technology
http://www.cptech.org, mailto:address@hidden
tel. +1.202.387.8030, mobile +1.202.361.3040


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