Recent changes to the PCT - Impact on Third Parties Introduction -Many, if not all, of recent amendments to PCT are user friendly -are they third party friendly? -third parties appreciate greater certainty in relation to potential validity of competitors’ patent applications -do the changes create this? April 2003

Recent changes to the PCT - Impact on Third Parties Overhaul of the Designation System - Introduction of a Flat Fee -puts designation off until national phase -most large companies will have designated all countries anyway - no effect -in 2002, 19% of applicants did not designate all states - SME’s? April 2003

Recent changes to the PCT - Impact on Third Parties Enhanced International Search and Preliminary Examination -with introduction of 30 months term for entering national phase from Chapter 1, WIPO anticipated many applications will enter national phase without IPER -amendment of PCT so that written opinion will be effected in Chapter 1 -should result in less clearly invalid cases going into national phase -amendment before national phase still less likely though April 2003

Recent changes to the PCT - Impact on Third Parties Increase in Number of ISAs -good that the work, and hence expertise, is spread over more offices -BUT need for consistency across the ISAs. April 2003

Recent changes to the PCT - Impact on Third Parties UK Proposal for Common Quality Framework -Consistent Search and examination reports will be of benefit -however neither harmonisation of substantive law nor external review required by UK proposal -should increase confidence of national offices and public in ISAs -enabling less duplication of effort -national offices will be able to reduce their backlog -patents granted quicker as more reliability in search reports April 2003

Recent changes to the PCT - Impact on Third Parties UK Proposal for Common Quality Framework (2) -the proposals put forward on patent examination should be of benefit in particular to SMEs, either as applicants or third parties if can ensure (as proposed) -only important objections raised -the objections and explanation are in straightforward language -the applicant must either amend or argue the objection (simple denial being insufficient) April 2003

Recent changes to the PCT - Impact on Third Parties Conclusion -Implemented changes do not benefit third parties -Proposals for Common Quality Framework should be of benefit and supported April 2003