Patent Offices and SDOs cooperation development

1. Patent Offices and SDOs cooperation development Dr Michel Goudelis, Director Telecommunications, EPO Ged Owens, Coordinator Public Policy, EPO

2. Overview • Importance of cooperation between patent and standardisation systems • High quality of EPO patent examination process • EPO cooperation with Standards Development Organisations • Future outlook and next steps

3. Importance of cooperation between patent and standardisation systems More interaction between traditional technical areas especially incorporation of ICT into all aspects of life More competition and higher value of intangible assets Shorter life cycles, accelerated pace of technological development More sophisticated digital technology in Telecommunications, Audio Video and Electronics Increased competition in the Telecommunications market Standards linked more and more to patents 3

4. Quality of EPO patent process EPO has considerable collections of patent and non-patent literature across many technical areas Standards documents acquired via public databases or through individual agreements with SDOs Specific needs of EPO led to agreements with providers and SDOs Patent Offices' main interest are early drafts, more than final resulting standards. 4

5. Granting high quality patents Critical EPO requirements: Patent applications must meet all patentability criteria, including novelty, inventive step, but also clarity and conciseness EPO should have efficient search services updated with the most pertinent patent documents, as well as published literature and standardisation documents, searchable as much as possible by a uniform search engine Entrusted examiners are aware of new technical developments Entrusted examiners (specialised in field) are aware of importance of standards documentation 5

6. EPO Cooperation Agreements with SDOs • In 2012 and 2013 EPO renewed MoUs with ETSI and IEEE-SA, widening the scope of cooperation in both new agreements. • Cooperation Agreement in place with ITU since 2011: cooperation intensifying • First agreement concluded with IEC 2012 gives EPO access to IEC documentation for the purposes of the patenting process in all its phases • Meetings and discussions with a number of international and national SDOs • Contribution to international fora on interrelations between Patents and Standards • Informing applicants and other patent system stakeholders of EPO approach

7. Standards documents available for EPO examination Standards and contributions from: 3GPP ETSI ITU IEEE--SA IETF To be added in 2013: 3GPP2 Standards and contributions OMA Standards and contributions Cryptography and Data Security Standards and Directives (IACR later also USENIX, BSI, NIST, ARXIV), expected in 2013/2014 7

8. Strategic directions for the cooperation with SDOs Promote and expand current policy concerning patents and standards Conclude agreements with further SDOs in priority areas, including new and expanding technologies Priority areas : Telecommunications, Audio Video and Computer technologies Priorities in standards documents acquisition defined by the patent examination experts in technical fields Cooperate with SDOs to standardise format of standards documentation (bibliographic data for searching, XML format, templates) to increase efficiency and effectiveness of searches Promote linking of SDO essential patent declaration databases in real time to EPO publically available patent document databases, to increase overall transparency. 8

9. Challenges for the EPO cooperation with SDOs • Despite proliferation of IPR in standards and increased reference to standards in patent applications, approach by SDOs still varies widely • Advantages of cooperation with some SDOs still not on favourable terms and conditions for EPO, despite a win-win situation • Considerable cost of acquisition and processing of standards documentation and necessary bibliographic data for EPO • Awareness of all stakeholders of importance, and status of standards documentation as relevant prior art

10. In many technical areas with high number of industrially and commercially important patent applications, a high proportion of pertinent prior art comprises standards documentation quality and legal security of granted patents in these areas without search in standards documents would not be acceptable Importance of standards documentation still increasing MoU and cooperation agreements make commitment to cooperation and exchanges irrevocable Legal security encourages innovators to participate with security in standards developing procedure Results of EPO cooperation with SDOs

11. Following Actions/Goals • Extend and ameliorate cooperation with SDOs where agreements exist • Establish new agreements where appropriate, especially in further ICT sectors and/or new important geographical areas • Work with SDOs to standardise documentation to optimise efficiency and effectiveness of searches

12. Supplementary Slides

13. Key facts about the unitary patent Basic principles a European patent granted under the EPC unitary effect for the territories of the 25 EU member states currently participating, at the applicant's request co-existence with the existing European patent and national patents validated in one single administrative step by the EPO for all the participating states in the language in which it was granted language regime being finalised; transition measures foreseen ObjectiveEuropean Council Presidency andEU Commission intend to havethe first unitary patent granted in 2014 13

14. Advantages For inventors protection in one single step for the 25 states currently participating significant cost savings (translation, validation, administration) simplified validation procedure (instead of up to 25 different procedures) simplified and more cost-efficient renewal procedure increased legal certainty due to uniform litigation system For Europe optimal protection in the participating states as a whole better framework conditions for innovative companies and organisations simplified European protection mechanism for companies from outside Europe improved competitiveness of the European patent 14

15. The unitary patent as a European patent Same grant procedure as for classic European patent Appeal proceedings Refusal or withdrawal of application Limitation/ revocation/ opposition proceedings European patent application At the request of the patent proprietor UNITARY PATENT for the territories of the 25 participating states Filing and formalities examination Substantive examination Grant of European patent Search report with preliminary opinion on patentability The unitary patent replaces the individual effects of the European patent in the 25 participating states 15