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REVISION PCT MERGER CH I

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high measure of harmonisation with EPO. Harmonisation should be considered in topics such as: ... Harmonisation should be based on: mutual confidence: ... – PowerPoint PPT presentation

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Title: REVISION PCT MERGER CH I


1
REVISION PCTMERGER CH I CH I,DELETION DEMAND,
  • Not yet!
  • Important gain experience from recently made
    amendments in the PCT Regulations
  • - introduction W O in CH I for instance
  • - await development SPLT
  • - await implementation PLT

2
REASONS
  • The treaty should be amended only concerning what
    is really necessary, if anything
  • because
  • unrealistic that all PCT member States could
    agree to the same amendments to take place at the
    same time
  • consequences
  • - big problems for users and authorities

3
REVISION PCT REGULATIONS
  • Simplifications for the users, third parties,
    offices
  • Good!
  • Recently made revisions
  • Good!
  • Implementation of electronic filing/processing of
    international applications
  • Good!

4
QUALITY CONTROL
  • Revision of PCT International Search- and
    Preliminary Examination Guidelines
  • Good!
  • Basic requirement concerning quality
  • comes from the customer
  • The customer demands
  • legal certainty
  • -top quality state of the art search,
  • -predictable decisions on patentability
  • Not possible to employ external monitoring of
    quality!
  • Quality of service
  • established at the moment of service
  • Quality assurance
  • competence at the source of service

5
  • World reference in patent examination
  • EPO!
  • Therefore
  • High quality in the PCT Procedure
  • high measure of harmonisation with EPO
  • Harmonisation should be considered in topics
    such as
  • -search tools
  • -search methods
  • -search practice
  • -guidelines
  • -examiner competence
  • -quality assurance
  • Harmonisation should be based on
  • mutual confidence
  • commonly agreed standards applied, not on
    institutionalised reports from external
    accountants

6
COORDINATED SEARCHES
  • Not in favour!
  • Will increase the workload in the big offices

7
CONTRACTING-OUT SEARCHES
  • For the time being
  • not a question on the Swedish table
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