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SDOs and Patent Offices : Interface improvement

This article explores the challenges faced by SDOs and patent offices in the field of ICT standards and suggests measures to improve collaboration, including clear dissemination policies and standardized documentation. It also highlights the importance of identifying prior art for patent examination.

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SDOs and Patent Offices : Interface improvement

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  1. SDOs and Patent Offices : Interface improvement Dr Michel Goudelis, Director Telecommunications, EPO GSC-13, July 2008 Boston, USA

  2. Introduction • The issue of ICT Standards is becoming a priority area for EPO's external relations policy. In September 2006 we initiated a new phase of our encounter with the ICT-standards world. • The reason is that in the field of ICT Standards strengths and weaknesses of the patent system are magnified.

  3. Tensions are appearing • Rising tensions through competing business models but also because of geopolitical reasons • Increased scrutiny "from outside": competition authorities, politics, courts, now also IP institutions (see new debate at Standing Committee on Patents of WIPO) • Principal problem: IPR policies of most SDOs are confronted with new challenges • As expression of the challenges in the governance of the global knowledge economy

  4. Internal measures • Increased awareness (reaching at highest level) • Technology watch in this particular field (resource planning) • Supply additional resources in the following areas • Documentation (standards related documents: acquisition and processing) • Examination: • additional training • systematic links with technical committees of SDOs • Special services for SDOs (landscaping, patent searches) ?

  5. Standards related documents • Access to all non-confidential technical documents (standards, temporary, drafts, contributions, ...) • Technical field (publishing working group) on each document • Effective publication date of submitted contributions • Clear dissemination policy

  6. Non-confidential technical documents • ContributionsFirst disclosure of new technical information shortly before or during a working group meeting • Temporary - not by all SDOsDocuments that are deleted after a certain period or if a new version is published • Drafts - not by all SDOsPre-versions of a standard, base for discussion and voting • StandardsFinal document after discussions, agreement and voting

  7. Patent Appl. 1 Patent Appl. 2 (filing date) (non-public) 18 Months 18 Months time (submission/publication date) Contr. 1 Contr. 2 Standard (C2) Contr. 3 Non-confidential technical documents Why contributions? • Not every contribution (1, 3) becomes part of a standard • Patent application is non-public up to 18 months after filing • Contributions represent the first publication of new technology

  8. WorkingGroup 1 Working group information on all documents 300.000 documents • Search Tool 1500 documents WG 1

  9. Search Tool • Legal information 8.8.2008 Effective publication date on all documents • public when up-loaded to documentation server

  10. WG Meeting 20-21.2.2007 Effective publication date versus Meeting date Patent Appl. 7.2.2007 • availablebefore meeting • Publication date vs meeting date •  Risk of not considering contribution 1 as prior art and granting patent (filing date) time (publication date) Contr. C1 20-21.2.2007 (1.1.07) WG A Contr. C2 20-21.2.2007 WG B Standard (C1) 20.4.2007 WG ?

  11. WorkingGroup 1 8.8.2008 Clear dissemination policy Non-confidential Confidential

  12. External measures • Bridging the two worlds: Resolution at GSC 12, encouraging SDOs "to cooperate with the relevant Patent and Trademark Offices to provide access to technical information for use by such Agencies that should help them improve the quality of patents being granted". • Interface amelioration : Suggestion from ITU TSB Director's Ad Hoc Group on IPR to ITU to agree on a minimum standard for standards documentation including publication date, working group and further data to improve identification of prior art for patent examination

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