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Harmonization! Biotech/Chemical/Pharmaceutical Customer Partnership Meeting December 9, 2013

Harmonization! Biotech/Chemical/Pharmaceutical Customer Partnership Meeting December 9, 2013. Mark R. Powell Special Advisor to the Commissioner for Patents on International Patent Cooperation. Harmonization. 3 Facets: Technical Procedural Legal. Technical Harmonization. Global Dossier

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Harmonization! Biotech/Chemical/Pharmaceutical Customer Partnership Meeting December 9, 2013

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  1. Harmonization!Biotech/Chemical/Pharmaceutical Customer Partnership MeetingDecember 9, 2013 Mark R. Powell Special Advisor to the Commissioner for Patents on International Patent Cooperation

  2. Harmonization 3 Facets: • Technical • Procedural • Legal

  3. Technical Harmonization Global Dossier • Concept • Initiative

  4. Global Dossier Initiative • Focus on outcomes: Services to benefit all stakeholders • Close out or re-mission projects not leading to those outcomes • User-centric principles applied to services development

  5. Procedural Harmonization • Cooperative Patent Classification (CPC) • PCT Reform • Patent Prosecution Highway (PPH)

  6. PPH: State of Play • Brief recap of PPH from an historical standpoint • Favorable statistics still holding; costs halved for users • USPTO participates with 27 offices and 41 separate agreements, with others in the pipeline • In 2013, EPO promotes IP5-based PPH • agreed to, but with stipulations • Indicates EPO’s willingness to move beyond Trilateral arrangements, but not beyond IP5 offices • Near concurrent introduction of a normalized, “global” PPH system

  7. Coming Very Soon: Global PPH • At long last, agreement by a number of offices to harmonize the PPH system • Introduction of USPTO’s “Global PPH Principles” document in June of 2013 • “Agreement”regime • Compliance v. formal MOU language • Declaration/intent format • Offices can sign on at any time

  8. Global PPH: Key Elements Global PPH Principles • Includes the “Mottainai” concept • Plus “PPH 2.0” requirement streamlining • Reduced entry needs • Use of IT systems where possible • No distinction between work available in any filing route, Paris or PCT • Positive results from any earlier office available as a basis

  9. Leadership Offices: Global PPH • United States • Japan • Korea • United Kingdom • Australia • Canada • Russia • Spain • Portugal • Norway • Finland • Denmark • Nordic Patent Institute • Sweden • Israel • Others in discussions today ~ 90 % of PPH entries to date

  10. Legal Harmonization

  11. Legal Harmonization: Examples America Invents Act (AIA) • First-inventor-to-File • Grace Period (regarding prior art) • Third party prior art submission • Post-grant procedures • Three-tier fee structure

  12. Legal Harmonization: Examples Patent Law Treaties Implementation Act • Title 1 - Hague agreement on registration of industrial designs • Title 2 – Patent Law Treaty implementation U.S. Trade Negotiations (underway) • Trans-Pacific Partnership (TPP) • Transatlantic Trade & Investment Partnership (TTIP)

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