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... the European Patent Office (EPO) and the Japan Patent Office (JPO) have announced

the start of a PPH pilot programme?

The Patent Prosecution Highway (PPH) pilot programme will allow applicants to get patents faster and more efficiently from both offices, by enabling each to make use of work previously done by the other and thus reduce duplication. The pilot started on 29 January 2010 and will run for a trial period of two years.

For more details about the JPO-EPO PPH pilot programme, see: http://www.epo.org/patents/law/legal-texts/journal/informationEPO/archive/20100125a.html

... a PPH pilot programme between the Trilateral Offices, based on PCT work products,

also started on 29 January 2010?

The Trilateral Offices (Japan Patent Office (JPO), European Patent Office (EPO) and US Patent and Trademark Office (USPTO)) have also launched a new PPH pilot programme, utilising PCT work products. For more details, see: http://www.epo.org/patents/law/legal-texts/journal/informationEPO/archive/20100125b.html

... new changes have been made to the Korean Design Act?

Revised Korean Design Act regulations entered into force on 1 January 2010. They apply to all design applications filed on or after that date.

The main changes are:

1. The Korean Intellectual Property Office (KIPO) is now also accepting three-dimensional image drawings. These may be filed in DWG (Drawing), DWF (Design Web Format) and 3DS (3D Studio) formats. Two-dimensional drawings are still accepted.

2. The "orthogonal projection" requirement has been dropped.

3. Classification system have been amended.

4. The number of categories of articles eligible for unexamined design applications have been increased from 6 to 10.

Source: KIPO's official website (only in Korean):

http://www.law.go.kr/LSW/lsSc.do?menuId=0&p1=&query=%EB%94%94%EC%9E%90%EC%9D%B8&x=0&y=0

... KIPO has just published its "2009 Fourth Quarterly IPR Trends" report?

Here are some of the main statistics in it:

- applications for patents and utility models fell by 1.6 % and 1.8% respectively compared to the fourth quarter of 2008

- trademark applications were up by 11.1%

- Korean applications increased by 16.2% while non-Korean filings dropped by 11.2%

 - filings from Japan, the US and Germany were down 31.3%, 22.8% and 30.1% respectively over the corresponding period in 2008

- filings by IBM and InterDigital were up 260.3% and 37.1% over the previous quarter

- there was a 14.8% decrease in total IP right registrations

- requests for KIPO to conduct international PCT searches fell by 8.6%

- in December 2009, the examination period for patents and utility models increased by 3.3 months (to 15.8 months)

- the number of trial requests decreased by 27.5%

Source: KIPO website – Public Relations – News – " 2009 Fourth Quarterly IPR Trends"

... the Chinese Supreme Court has issued guidelines on the interpretation of laws on infringement?

Relating to the new Chinese Patent Law, the Civil Procedure Law and other legal texts applicable in infringement cases, these new guidelines clarify issues such as the protection scope of invention and utility models, the principles for determining infringement of a design right, the application of prior art defence and prior use defence. They entered into force on 1 January 2010.

See also: http://www.sipo.gov.cn/sipo2008/yw/2009/200912/t20091229_486452.html (currently Chinese only).

The English website of the SPC is here: http://en.court.gov.cn/.

 

The Chinese text of the guidelines can be found on the Supreme People's Court (SPC) website at: http://www.court.gov.cn/sfjs/show.php?file_id=140350.

... the average examination time in China was further reduced in 2009?

According to SIPO's English website, the average time for the substantive examination of an invention patent has dropped from 25.8 months in 2008 to 25 months in 2009. For utility models, the examination process has been reduced from 11 months to 6.1 months. For industrial designs, the processing time of an application has dropped from 9.5 months in 2008 to 7.2 months in 2009.

More information:

http://www.sipo.gov.cn/sipo_English/news/iprspecial/200912/t20091225_486273.html

... amendments to TIPO's accelerated examination procedure have entered into force?

The Taiwan Patent Office (TIPO) has its own set of procedures based on the Patent Prosecution Highway (PPH) system to accelerate the speed of patent examination. Although Taiwan is currently not part of any PPH agreements with other patent offices, applicants can now submit documents relating to applications recently published or soon to be published in other countries to TIPO in order to help speed up the examination procedure. Following a one-year trial period, TIPO has now introduced a number of amendments to its accelerated procedure. These amendments entered into force on 1 January 2010.

For more information about the amendments to the accelerated examination procedure, see this notice on TIPO's English website: http://www.tipo.gov.tw/ch/News_NewsContent.aspx?NewsID=4269

... TIPO's English database now uses a standardised system for the Westernisation of Chinese names?

Starting with patent applications published after 16 July 2009 and utility models registered after 11 June 2009, the names of applicants and inventors are shown in TIPO's English database using the standardised Hanyu Pinyin format, which is also the standard in Mainland China. This will make it easier to identify the English names of Chinese applicants throughout all Chinese-speaking areas.See the news item on TIPO's English database at: http://twpat.tipo.gov.tw/tipotwoc/tipotwekm

... amended Implementing Regulations will enter into force in China on 1 February 2010?

Revised Implementing Regulations to the new Chinese Patent Law, which entered into force on 1 October 2009, have been approved by the State Council. Published on 9 January 2010, the regulations deal in more detail with specific aspects of the Patent Law, including SIPO's new "confidentiality" or "secrecy" examination, which has to be requested by applicants for inventions made in China before they can file abroad.If the applicant receives no notification of a secrecy examination within four months from filing the request, he may file abroad. Where required, the secrecy examination will be completed within two months.  

The regulations also include details of filing requirements, especially for designs, which from now on are required to include a brief explanation. Furthermore, applicants will no longer have to pay maintenance fees.

More information about the Implementing Regulations is available on the SIPO website at: http://www.sipo.gov.cn/sipo2008/yw/2009/201001/t20100119_488002.html

(currently in Chinese only).

... the Indian Patent Office (IP India) now makes amended patent specifications

available for file inspection?

Until now, parties requesting file inspection in India were provided only with the specification as filed, even if it had since been amended. IP India's Office Order No. 01/2010, published on 12 January 2010, now clarifies how Rule 27 ('Inspection of published applications') of the Patents Rules 2003 is to be interpreted, namely that parties are to be provided with the specification (as filed or as subsequently amended) which is valid when the request under Rule 27 is filed. Source: http://www.patentoffice.nic.in/iponew/office_order01_12January2010.pdf

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