Patent geography: Global applications, regional protection International developments at the EPO Gerard Owens International Co-operation Bordeaux, 04 September 2017

Flow of patent applications between EPO and IP5 countries: Europe exports more than it imports Notes: Analysis based on applications received by the five largest patent offices (IP5 offices) in 2016. Source of the data: IP5 Statistics Report 2016

Regional Protection  International Harmonisation Europe is a model European Patent Organisation Founded in 1973 Some 700 million inhabitants Rep. of Moldova European member states (38) European extension states (2) Validation states (2) Republic of Moldova Morocco Laos Morocco Future validation states (3) Tunisia Cambodia Laos Cambodia Tunisia 2016 has been a very good year for the European patent system significant progress achieved in a number of key areas, ranging from the Unitary Patent to enhancing our performance, to strengthening the international role of the EPO; Demand for European patents was sustained at a very high level, despite uncertain international developments in 2016; Europe continues to be a leading target market for innovators from around the globe. The number of countries recognising European patents continues to grow: 38 member states, including all EU Member States, covering some 650 million inhabitants; Bosnia and Herzegovina and Montenegro as Extension States; Morocco and the Republic of Moldova have agreed to recognise European patents; Tunisia has already signed such an agreement and could implement it any time; Cambodia became a validation state agreeing to recognise European patents on its territory, most probably as of July 2017; A similar agreement is under discussion with Laos, and could still become a reality in 2017; In 2016, the European patent system expanded beyond the immediate European neighbourhood – a clear proof of its growing attractiveness owing to its global orientation.

Balance between filings from Europe and abroad Others 5% 48% EPO member states P.R. China 5% S. Korea 4% Non-European countries 52% Japan 13% United States 25% Notes: Analysis based on European patent applications (direct European patent applications filed at the EPO under the European Patent Convention, plus international Patent Cooperation Treaty (PCT) filings which entered the European regional phase (becoming a European application) in the year under review) Applications are allocated to the country of residence of the first-name applicant EPO: the 38 member states of the European Patent Organisation, including EU28

Challenges for the EPO THE RESULTS IN 2016 Competitive international environment Users’ expectations in terms of costs and timeliness Consistent growth in demand for patents Technically complex applications THE RESULTS IN 2016 Our strategic priorities + Increase quality + Increase efficiency + Improve timeliness + Control costs

Reliable rights on time Challenges resolved faster Speeding up our work processes Know what’s ahead Reliable rights on time Challenges resolved faster Search reports 6 months 1 Examination time 12 months 2 Opposition time 15 months 3 We deliver search reports within 6 months of receipt. We are reducing examination times to just 12 months on average by 2020. We aim to conclude oppositions to newly granted patents in just 15 months on average. Actual Search timeliness 4.9 months Actual Examination timeliness 22.6 months Actual duration of oppositions 23.7 months

Continuously improving quality – Our first priority ISO 9001 CERTIFICATION to safeguard the quality of our processes CONSULTING WITH USERS around the globe: “Partnership for Quality” meetings with users in Europe, US, Japan, China and Korea Global benchmark for quality EPO ranked best patent office in every IAM survey since 2010 SACEPO SUB- GROUP ON QUALITY recently created with the objective to set a permanent and high-level forum to discuss quality related matters with users RELIABLE MONITORING 96% of respondents are “very satisfied, satisfied, average satisfied” (EPO User Satisfaction Survey)

The EPO and the PCT EPO ranks 1st in the world as ISA and IPEA: ≈ 80 000 International Search Reports (35,7%) 9 100 (63%) International Preliminary Examination Reports EPO “exports” high quality in up to 152 PCT member states; EPO is designated as ISA and IPEA by 143 PCT member states ISRs established in 2016 (%)

The EPO PPH pilot programmes Fast track examination of applications EPO work products can be used at other PPH Offices: IP5 + Australia (AU), Canada (CA), Colombia (CO), Mexico (MX), Singapore (SG) Israel (IL), Russia (RU), Philippines (PH), Malaysia (MY) Eurasian Patent Office (EAPO) later in 2017 Other PPH agreements (Argentina and Brazil) in preparation EP Search and/or examination reports (incl. PCT) produced by EPO accelerate applications at: JP US KR CN CA IL MX SG AU CO RU PH MY EAPO

EPO’s worldwide collection of Patent Information Espacenet over 100 million patent documents, over 90 jurisdictions via epo.org Easily searchable Free of charge Patent Translate Automatic translation between English and 31 other languages, including Chinese, Japanese, Korean and Russian.

The EPO’s Global Dossier - seamlessly integrated into online services USPTO file wrappers since 06/15 KIPO and JPO file wrappers since 03/15 SIPO file wrappers since 06/14 WIPO (and CIPO) via WIPO CASE since 11/16 ESPACENET ACCESS AS WELL!

EPO: Launch of IP5 Global Dossier "Alerting" EPO and SIPO have developed "RSS feeds" for each File Wrapper < click > EPO delivers first RSS for IP5 "Family" < mouse over > Provides Alert function for IP5 "Family" (EPO+SIPO)

Procedural patent harmonisation – IP5 PHEP Unity of invention: EPO/SIPO determination and application of unity of invention criteria Citation of prior art: KIPO/USPTO prior art disclosure requirements Written description and sufficiency of disclosure: JPO issues re enablement, sufficiency of disclosure, written description and claims http://www.fiveipoffices.org/activities/harmonisation.html

Procedural patent harmonisation – IP5 PHEP Unity of invention EPO/SIPO determination and application of unity of invention criteria alignment of practices re international applications, including applications entering regional/national phase (except USPTO) benchmarking exercise analyse practices also against the background of the Chapter 10 ISPE consolidation of data contained in IP5 unity of invention report case studies – 3 cycles: mechanics, electricity, chemistry target gaps identified and consider measures towards alignment support MIA work and share outcome of the PHEP study with the MIA completion of work at IP5/PHEP level by end 2018

Artificial Intelligence IP5 Offices address common topics to harmonise approach; e.g. Industry 4.0 / Internet of Things Big Data 0010110111011001011011110010001101001110110 Artificial Intelligence ANALYTICS THINGS PEOPLE DATA IoE

The EPO is prepared for Industry 4.0 Speeding up EPO’s work processes Annual improvements to the Computer Implemented Inventions (CII) content of the Guidelines for Examination Re-organisation of ICT area under one management team Creation of specialised Industry 4.0 directorates and teams Focus on CII training throughout the entire EPO operational area Automated pre-search moving towards Artificial Intelligence 16

Status on progress of UP/UPC as of April 2017 Member states preparations (26 in total) Ratification of the UPC Agreement -12 states have ratified so far: Brexit: in November 2016 the UK reaffirmed its intention to ratify Preparations – Completed The EPO is ready to deliver the Unitary Patent The Unified Patent Court could start its operations during the 1st quarter of 2018 Austria Finland Malta Belgium France Netherlands Bulgaria Italy Portugal Denmark Luxembourg Sweden

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