2. 21th August, 2004MarkPatent.Org1 Patent at International Level By Dr. Rajeshkumar Acharya

3. 21th August, 2004MarkPatent.Org2 The Idea of International Patent System is based on Mutual Recognition of, Single Patent Granted from a Single Application, which should be obtained  Quickly  Inexpensively.

4. 21th August, 2004MarkPatent.Org3 Reasons for this thinking are (i) The Application And Maintenance Costs Of A Patent Are Burdensome For Individual Investors And Small Businesses, (Ii) The Duplication Of Effort Involved In Granting Patents.

5. MarkPatent.Org4  The substantive standards for  Granting patents  the basis for searches  Examinations Are important considerations to be Negotiated for efficient working of Such a system In addition, patent applicants around the world should have confidence that those 44mutually accepted standards would be applied objectively in each patent office conducting the searches and examinations. In addition, patent applicants around the world should have confidence that those 44mutually accepted standards would be applied objectively in each patent office conducting the searches and examinations.

6. MarkPatent.Org5 The Director General of World Intellectual Property Organization (WIPO) has already announced : a new initiative—the WIPO Patent Agenda-which is intended to launch worldwide discussions for the purpose of preparing a strategy blueprint for the future evolution of the international patent system. Its main purpose is to create mechanisms and programmes whereby inventors and industry have access to national, regional and internationally effective patent protection system, which enable them to obtain, maintain and enforce their patents globally.

7. 21th August, 2004 MarkPatent.Org 6 Though at present, there is no such system, the foundation for it exists in the Patent Cooperation Treaty (PCT) Patent Law Treaty (PLT) Trade Related Aspects Of Intellectual Property Rights (TRIPS) Agreement.

8. 21th August, 2004MarkPatent.Org7 The PCT simplifies the process of obtaining patent rights internationally for patent applicants. It Provides A Common Facility To Conduct International Searches Of Prior Art For Patent Applications.It Provides A Common Facility To Conduct International Searches Of Prior Art For Patent Applications. –PCT establishes the priority of an application at the international level.  This process gives applicants oSufficient time to assess the market potential of their patent in different countries, oTo think their strategy before proceeding with national filing.

9. 21th August, 2004MarkPatent.Org8 A PCT Application Is Published As A “WO” (For WIPO) Document. To streamline the process and make it a lot simpler, the PCT is being further reformed. An important factor in the PCT’s success has been the constant evolution of the system in which particular regard has always been paid to the needs of both applicants and offices.

10. 21th August, 2004MarkPatent.Org9.  The Treaty itself was amended in 1979 in 1984 in 2001.  However, efforts aiming at a more substantial reform of the PCT began in October 2000, when the Assembly of the PCT Union endorsed an initiative for a concerted effort to reform the Treaty.

11. MarkPatent.Org10 21th August, 2004 IIn addition, PCT procedures are revised on an ongoing basis by amendment of the Regulations and the Administrative Instructions PPCT has succeeded in simplifying and rendering more economical the obtaining of protection for inventions throughout the world. HHaving been in practical operation for so many years, the PCT has witnessed increasing number of Contracting States and international applications field.

12. MarkPatent.Org11 123 countries are now members of PCT and can be designated 123 countries are now members of PCT and can be designated  In an international application,  In the European Patent Office,  ARIPO Patent Office,  Eurasian Patent Office  The OAPI Patent Office

13. 21th August, 2004 MarkPatent.Org 12 The Number of International Patent Applications filed in 2003 using the PCT, –exceeds 110,000 for the third consecutive year, with users from the USA with users from the USA topping the list. topping the list.

14. 21th August, 2004MarkPatent.Org13

15. 21th August, 2004MarkPatent.Org14 THE HIGHLIGHTS OF THE ANNUAL REPORT the number of patent applications originating in the India were 2371 contributing 22.38% of the total number of applications filed during the years. Out of the 2371 applications originating in India, Delhi accounted maximum number of application (678) followed by Maharashtra (650), Tamil Nadu (220) and west Bengal (161). C onti….

16. 21th August, 2004MarkPatent.Org15 …..  Out of 10,592 applications, the number of national phase applications for patent filed at the designated office/ elected office in India during the year was 6351. The united states filed the maximum number of applications (2351) followed by  Germany (877),  Japan(460),  Great Britain(418),  Switzerland (283)  France (281). Conti..

17. 21th August, 2004MarkPatent.Org16 ….. The records of the international bureau of WIPO show that out of 1,00,022 copies of international applications received by the bureau, the number of international applications, in which India was designated was 76,374, contributing 76.35% of said total number of record copies during the year. Conti..

18. 21th August, 2004MarkPatent.Org17 …… A total of 656 applications were accompanied by provisional applications while the remaining 9936 applications were accompanied by complete specifications. A total of 5,104 applications were examined during the year and 44,281 applications were awaiting examination at the end of the Year. Conti..

19. 21th August, 2004MarkPatent.Org18.... 1591 patents were sealed during the year. Of the 654 belonged to Indians and 937 to foreigners. Out of the total 8,320 Patents in force, 1578 patents stood in the name of Indians.

20. 21th August, 2004MarkPatent.Org19 The first big change recently made to the Pct system is that : Applicants Are Now Entitled To An Automatic National Phase Entry Deferral Of At Least 30 Months In Most Countries. There is no need to file a PCT Demand for international preliminary examination in order to obtain the 30 month deferral, since it is provided for under Chapter I of the revised PCT Regulations

21. 21th August, 2004MarkPatent.Org20  The applicant still obtains the benefit of the international search report and, in concert with that, comments in respect of the relevance of the prior art to the invention claimed in the international application.  Another change in the regulations that affects international applications is the elimination of the previous requirement to designate countries at the time of filing. Conti..

22. 21th August, 2004 MarkPatent.Org21 … The international application now automatically designates all countries available at the time of filing so that the applicant need no longer decide on what countries to designate in an international application. This has removed the risk of inadvertently omitting the designation of a country that has newly ratified the PCT.

23. 21th August, 2004MarkPatent.Org22 Traditional Patent Systems Months Local patent application followed within 12 months by multiple foreign applications claiming priority under Paris Conventions. multiple formality requirements multiple searches multiple publications multiple examinations and prosecutions of application translation and national fees required at 12 months some rationalization because of regional arrangement ARIPO, EAPO, EPO, OAPI 0File Application locality 12File Application abroad

24. 21th August, 2004MarkPatent.Org23 PCT Systems Months 0File Application locality 12File International Application 16International Search International Publication 18International Search International Publication 19International Search International Publication 20International Preliminary Examination 30-31Entry into National Phase

25. 21th August, 2004MarkPatent.Org24 Local patent applications followed 12 months by International Application under the PCT, claiming Paris Convention priority, with “National Phase” commencing at 20 or 30 months (At the applicant’s option)  One set of formality requirements  International Search  International Publication  International Preliminary Examination  International application can be put in order before National Phase  Translations and national fees required at 20 or 30 months, and only if applicant wishes to proceed

26. 21th August, 2004MarkPatent.Org25 International Searching Authority and Preliminary Examination Authority ATAustrian Patent Office AUAustralian Patent Office CACanadian Patent Office CNChina Intellectual Property Office EPEuropean Patent Office ESSpanish Patent and Trademark Office FINational Board of Patents and Registration of Finland (Starting date to be announced) JPJapan Patent Office KRKorean Intellectual Property Office RURussian Patent Office SESwedish Patent Office USUnited States and Trademark Office

27. 21th August, 2004MarkPatent.Org26 Field of Technology The main fields of technology to which published international applications related were physics, chemistry and metallurgy, and electricity. The chart below shows the breakdown of PCT applications published in 2003 according to the eight main technical fields of the International Patent Classification (IPC). PCT applications published in 2003: breakdown according to the main technical fields under the IPC Main technical fields (sections) under the IPC: AHuman necessities BPerforming operations; transporting CChemistry; metallurgy DTextiles; paper EFixed constructions FMechanical engineering; lighting, heating, weapons, blasting GPhysics HElectricity For information on the specific contents of each main technical field, consult the IPC

28. 21th August, 2004 MarkPatent.Org27 Thank you