A European Patent Indicator for Access to Genetic Resources and Benefit-Sharing

The EPO Guidelines They Are a-Changin’

Confidentiality of patent applications and delayed release of other patent documents have been the underlying principles of the patent system, but the realities of the modern networked innovation systems undermine their justification. Moreover, traditional secrecy of the patent system may be at least partially responsible for the problems currently challenging the system – that is – deterioration in the patent quality, patent thickets, and evergreening. Lack of transparency may also be standing in a way of efficiency and new innovation. Limiting the secrecy may promote faster technology development and lower the cost (by reducing the volume of low quality applications, where patentability defects would be more easily discoverable). The paper overviews the historical transparency of the patent systems and argues that it is increasingly unjustified. More specifically the transparency through the PCT procedure at the European Patent Office, publication of the search and review outcomes, as well as some features of the main international public patent databases are investigated. The findings have implications to most patent systems worldwide. The paper advocates the need to increase transparency of the patent system in several ways: by advancing the publication of the patent application and the search and review outcomes, as well as by improving patent data availability in the databases. In addition to the systemic benefits, this would also ensure that important patent data is available earlier and is more discoverable, thus contributing to greater efficiency of the patent system.

European Stem Cell Patents: Taking the Moral High Road?

This study describes South African (SA) patenting trends based on data from the European Patent Office’s (EPO) patent statistics (PATSTAT) database. We aimed to answer; where, what, and with whom are South Africans patenting over the past 22 years (i.e., 2000 to 2021). By counting the number of patent families and applications per office/authority we described the intensity in patenting. Counting the patents and technology types indicated the focus areas of these patents. We found that the South African patenting landscape is predominantly domestic, with a trend towards otherwise filing at the major patenting offices (i.e., the United States patenting office – USPTO and the EPO). Generally, there has been a decline in filings at international offices since peaking in 2010. Most granted patents were in human necessities (medicine and agriculture) and physical/chemical processes (petroleum). SA inventors collaborated mainly with US, German, and United Kingdom inventors. This may indicate financial non-viability of South African patent filing/ownership (where inventors relinquish their rights for financial gain), outsourcing of South African inventive capacity, or centralised filings by international firms with headquarters outside of SA. The latter may be part of the larger matter of emigration of South African talent/inventive capacity.

We present a general method for imputing missing information in the Worldwide Patent Statistical Database (PATSTAT) and make the resulting datasets publicly available. The PATSTAT database is the de facto standard for academic research using patent data. Complete information on patents is essential to obtain an accurate picture of technological activities across countries and over time. However, the coverage of the database is far from complete. Our data imputation method exploits detailed institutional knowledge about the international patent system, and we codify it in a SQL algorithm. We provide two datasets related to the imputation of missing country codes and missing technology classification. We also release the algorithm that can be easily adapted to impute other pieces of information that are missing in PATSTAT.

Objective: The aim of this study was to investigate the technology trend on developing based on the analysis of Korean, US, European and PCT patents. Background: The usage of the personal protective equipment such as the safety helmet would be essential for preventing injuries and reducing the severity of injuries depending on the type of activity and the exposed environment. Method: Database of WIPSON was used for searching the patents. The objects were the Korean, US, European and PCT patents registered or opened from January 2011 to December 2014. The keyword to investigate was helmet, and International Patent Classification (IPC) was used for investigating the technology trend of the patents. Results: The cases of US patents annually increased, but the cases of European patents decreased. US patents belonged to all sections but Korean and European patents and PCT patents did not. The largest number of IPC, to which four areas patents belonged, was and the second largest one was In the subgroup level, the most common largest subgroups were Parts, details or accessories of helmets and Masks, shields, or hoods for welders. Korean patents had the lowest ratio of single_IPC at 11%, but the ratios of single_IPC for US and European patents were 52%, respectively. Human necessities, Mechanical engineering, Physics, and Electricity were used as a single_IPC, but lower levels of Performing operations, Chemistry, Textiles and Fixed constructions were used as multi_IPC. Most main applicants had patents which belonged to Human necessities. Conclusion: The cases of US patents annually increased unlike others. The common technologies for creating the helmet were Parts of under Headwear and Shields for welders under Hygiene. Many Korean patents tended to be categorized as multi_IPC, different from others. Application: To know the technological characteristic of patents would be helpful to initial stage developers.

Building on existing analytical frameworks, this book provides a new methodology allowing different language policies in international multilingual organisations (or “language regimes”) to be compared and evaluated on the basis of criteria such as efficiency and fairness. It explains step-by-step how to organise the evaluation of language regimes and how to design and interpret indicators for such evaluation. The second part of this book applies the theoretical framework to the evaluation of the language policy of the Patent Cooperation Treaty (PCT) division of the World Intellectual Property Organisation (WIPO) and the European Patent Office (EPO). Results show that an increase in linguistic diversity of the language regimes of patent organisations can both improve the efficiency of the patent system and lead to a more balanced distribution of costs among countries. This book is a resource for scholars in language policy and planning and for policy-makers in the international and European patent system.

The right to appeal exists as a response to the two main characteristics of every human being. The first refers to the attitude of not settling for adverse decisions, which leads people to seek instruments to remediate these decisions, while the second is the possibility that every human being has to make mistakes and the need to correct these mistakes in decision-making acts that may have been mistaken. Therefore, an appeal is an instrument that enables review of a decision by a higher authority to obtain its modification or revocation. In the patent system, appeals are used basically to reverse decisions of patent examiners during the examination procedure as, for example, the decision to reject a patent. Although all patent offices have procedures for appeal against first-instance decisions taken by these offices, there are significant differences as to how this procedure is conducted in each office. This chapter will study the laws and regulations, rules and procedures on appeals in two of the main patent offices in the world – the European Patent Office – EPO and the United States Patent and Trademark Office – USPTO, and in the Brazilian Patent Office – INPI, pointing out the main differences between them.

Nanomaterials and nanostructures have a broad impact on space missions and programs (e.g., launchers, planetary science, and exploration). Their main benefits are related to reduced vehicle mass improved functionality and durability of space systems and increased propulsion performance. For these reasons, in this paper, we would like to explore the recent evolutions of nanomaterials and nanostructures for space systems, with a focus on patents and market trends related to lightweight structures, damage-tolerant nanoscale systems, nanocoatings and adhesives, nanomaterials, and structures for thermal protection and control. Our analysis examines patent information from a database containing more than 54 M worldwide patent families and combines the data retrieved with market indicators. Such evaluation is useful to assess the technological trends and evaluate their current stage of maturity, within the overall Technology Life Cycle. Using specific sectoral keywords, our study takes into consideration about 3000 patent data on nanostructures, materials, and processes for space applications evaluating, among others, patents trends (2010–2019), International Patent Classifications, country distribution, top assignees, legal state, and forward and backward citations. As a result, we can assess which International Patent Classification is more common and which geographical area is more active. In the area under investigation, we identified that explosives and similar materials (C06B) are widely protected as well as heterocyclic compounds (C07D) and spacecraft and its related equipment (B64G). For what the geographical distribution is concerned, while China and United States confirm their predominance, it is worthwhile noticing that Canada, one of the ESA Member States, is highly active, as well. Our focus on the European patenting activity shows that Great Britain, Germany, and France are the most active countries. From the analysis of the other indicators (e.g., citations, assignees, etc.), we can assess which type of nanomaterial and nanostructure for space applications is growing more rapidly. Furthermore, patent indicators, integrated with market information, provide a clear evaluation of the related technology trends and readiness level. In conclusion, patent metrics provide a valuable asset to measure innovation performance. These data can also be used to monitor activities of worldwide players, create a performance evaluation system in R&D entities, and foresee specific technological trends. Thanks to this type of analysis, we can capture differences in innovation performances. The resulting indicators support strategic roadmapping and contribute to mapping knowledge and competences worldwide. In addition, they provide information on technological gaps and possible opportunities, measuring the results of space valorisation and technology transfer.

The European Patent Office (EPO) provides a simplified, and less costly, means of seeking patent protection in the majority of European countries. We discuss issues in measurement of patenting raised by the European Patent, and then survey patterns in patenting behavior in Europe over the last decade. Notable developments are that: (1) European Patent publications grew by 70 percent between 1991 and 2000; (2) this growth was not at the expense of patents sought directly through national patent offices, which were small in number relative to European Patents throughout the period; (3) the number of destinations designated for protection in a typical European Patent has grown substantially, to the point where most now designate all EPO members. A simple structural model of an inventor’s patenting decision attributes 40 percent of the growth in European Patents and all of the growth in the extent of designation to the evolution of the fee structure for European Patents over the period. JEL classification: O34

The European Patent Office (EPO), the executive branch of the intergovernmental European Patent Organisation (EPOrg), enjoys considerable administrative autonomy. Its tacit policy-making practices have important effects on European patent integration. Considering agencification and the relationship between autonomy and control, and then epistemic communities and their role in policy-making, this paper explores the supranational autonomy of the EPO, and analyses the core mechanisms for the adjustment of substantive patent law to new technological fields. The analysis assesses how the biotechnology patent directive (98/44/EC) was transposed from the EU to the EPOrg system, and how synchronization between the EU and the EPO has occurred. After identifying various deficits in the democratic legitimacy and the accountability of the EPO system, some effects of this transposition on formal and substantive legitimacy issues are discussed. Finally, several normative and practical suggestions for a more comprehensive and accountable co-evolution of the European patent system are made. Copyright , Beech Tree Publishing.

The impact of international patent systems: Evidence from accession to the European Patent Convention

Sui Generis Protection for Plant Varieties and Traditional Knowledge in Biodiversity and Agriculture: The International Framework and National Approaches in the Philippines and India

A patent is an important document issued by the government to protect inventions or product design. Inventions consist of mechanical structures, production processes, quality improvements of products, and so on. Generally, goods or appliances in everyday life are a result of an invention or product design that has been published in patent documents. A new invention contributes to the standard of living, improves productivity and quality, reduces production costs for industry, or delivers products with higher added value. Patent documents are considered to be excellent sources of knowledge in a particular field of technology, leading to inventions. Technology trend forecasting from patent documents depends on the subjective experience of experts. However, accumulated patent documents consist of a huge amount of text data, making it more difficult for those experts to gain knowledge precisely and promptly. Therefore, technology trend forecasting using objective methods is more feasible. There are many statistical methods applied to patent analysis, for example, technology overview, investment volume, and the technology life cycle. There are also data mining methods by which patent documents can be classified, such as by technical characteristics, to support business decision-making. The main contribution of this study is to apply data mining methods and social network analysis to gain knowledge in emerging technologies and find informative technology trends from patent data. We experimented with our techniques on data retrieved from the European Patent Office (EPO) website. The technique includes K-means clustering, text mining, and association rule mining methods. The patent data analyzed include the International Patent Classification (IPC) code and patent titles. Association rule mining was applied to find associative relationships among patent data, then combined with social network analysis (SNA) to further analyze technology trends. SNA provided metric measurements to explore the most influential technology as well as visualize data in various network layouts. The results showed emerging technology clusters, their meaningful patterns, and a network structure, and suggested information for the development of technologies and inventions.

Biodiversity and the Patent System: Towards International Indicators