CA/24/14
Orig.: en
Munich, 16.04.2014
SUMMARY
The current
The new
This document proposes an updated, detailed work plan of the
Roadmap, an updated eligibility list for financial support is provided, indicating no change to the financial support entitlement.
The updated work plan and the eligibility list for financial support are provided as annexes to the document.
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A.AREA 1: TRAINING FOR STAFF OF NATIONAL OFFICES AND
f)European Qualifying Examination (EQE) Candidate Support
B.AREA 2:
CA/24/14 e
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-II -
D.EXTENDED
CA/24/14 e
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I.STRATEGIC/OPERATIONAL
1.Operational
II.RECOMMENDATION
2.The Administrative Council is requested to decide on the proposal as set out in this document.
III.MAJORITY NEEDED
3.Simple
IV. CONTEXT
4.Revision of the
Roadmap (Annex 1 to CA/85/11) beyond 2015 and the Eligibility list (Annex 3 to CA/85/11).
V.ARGUMENTS
5.
6.While in the past cooperation between the EPO and the Member States was mainly undertaken on a case by case interaction covering a limited set of specific activities, the current
7.As we move into the third year of implementation of the Roadmap, it seems appropriate to make a balance of the progress and results achieved in the midterm, to plan the actions that might be useful to further enhance the implementation of the Roadmap and to start preparing the future of
8.As a general balance, the present
∙Focus on the needs of the users
∙Partnership, solidarity and openness
∙Complementarity and subsidiarity
∙
∙NPOs at the centre of
∙Support focusing on the
∙
9.One of the main objectives set by the roadmap was to simplify the management and implementation of the
10.The introduction of Bilateral
11.These elements have certainly contributed to the positive implementation of the new
12.At the same time the EPO and the member states advance rapidly and effectively in the implementation of the
13.The European Patent Network events on specific
14 such events organised with some 500 participants from the EPN, in 2013 there were 12 such events with more than 600 participants.
14.Another important aspect which has favourably contributed to the successful implementation of the roadmap is the improved EPO internal coordination, with the introduction of the
International
15.The
∙Federated European Patent Register,
∙Training and support programme for EQE candidates – CSP (Candidate Support Project);
∙General language training for NPO staff and EQE candidates (within the CSP) - MoUs with three major language institutes signed;
∙Development of
∙Integration package for new MS;
∙MoU with OHIM.
16.A number of project were also successfully completed:
∙Pilot project to reorient patent information centres, completed in 2013, with
PATLIB centres delivering search and information services according to the agreed work plans, extensive distance learning programme developed. A total of 11 member states offices participating (CZ, EE, ES, FI, FR, IT , LV, PL, RO, SK, TR);
∙IP
17.The high participation of member states in these projects and the feedback received from participants are clear indicators of the projects’ usefulness.
18.To highlight an example of the positive results achieved in a newly launched project,
19.With regard to the Training and support programme for EQE candidates, in the pilot year (2012) 16 students from 3 member states started with the programme, in the second year the number increased to 23 students from 12 member states, showing the growing interest in the participation to the programme.
20.The discussion platform for exchange on Patent procedures was successfully organised in five IP offices (BG, IT, PT, RS and ES) in 2013.
21.With regards to the Machine Translation project, translation services for 14 languages were available end of 2012, and by end of 2013 all 28 languages of the
38 EPO Member States to and from English, French and German became operational, one year ahead of schedule.
22.A remarkable example of the
23.The EPO’s extranet for NPO users (i.e. the epoxy website), providing a wide range of technical information and documentation, was updated to make it fit for purpose. A more
24.A detailed report on the implemented
CA/16/13 and CA/16/14.
25.Financially, an annual budget of 13 Million Euros has been allocated to the Co- operation Roadmap. At the same time, the EPO abolished the invoicing of EPO Central Staff Costs as well as the previous ceiling policy, therefore drastically reducing the related administrative burden (§ 32 of CA/185/06).
26.At the end, the present
27.In this sense, it seems wise to maintain the framework and working principles set by CA/85/11.
28.Nevertheless, after two years of implementation of the
29.Annex 1 proposes an updated Work Plan that takes into account the feedback received from the member states. The elements in the work plan can be categorised in three different groups:
(i)continuation of running projects, i.e.:
∙institutional strengthening
∙development of
∙discussion platform for exchange on patenting procedures
∙European Qualifying Examination (EQE) Candidate Support Project (CSP)
∙patent awareness events and materials
∙harmonisation of videoconferencing equipment
(ii)update of those projects requiring it, i.e.
∙judges training
∙language training
∙Federated European Patent Register
∙
∙language translation services for patents
∙ IP
(iii)launch of new projects, i.e.:
∙new Espacenet
∙
∙office to office data exchange
European PatentLearn initiative targeting universities.
30.Extended
VI. ALTERNATIVES
31.To keep CA/85/11 in force unchanged.
VII. FINANCIAL IMPLICATIONS
32.The EPO
33.According to CA/85/11 a review of the eligibility list for financial support to the member states shall be presented to the AC after 2 years. The corresponding table can be found as Annex 3 and shows that there is no change in the eligibility categorisation.
VIII. LEGAL BASIS
34.Art. 10 (2) EPC
IX. DOCUMENTS CITED
35.CA/29/10 Rev.1, CA/85/11, CA/27/12 Rev. 1, CA/T 13/12, CA/101/09, CA/185/06,
CA/16/13, CA/16/14.
X.RECOMMENDATION FOR PUBLICATION
36.Yes
ANNEX 1
1.
2.Each project will be implemented by the competent implementing unit(s) for the specific areas of
3.The concrete implementation measures and expected results in all areas of co- operation will be outlined in the bilateral
A.AREA 1: TRAINING FOR STAFF OF NATIONAL OFFICES AND OTHER
RELEVANT TARGET GROUPS
a)Institutional strengthening
4.The European Patent Academy of the EPO will continue to provide relevant, high- quality and
∙Documentation and Classification
∙Patent information
∙Patent administration and formalities
∙Search and examination
∙Legal and procedural issues
∙IP Office tools and techniques
∙IP and innovation management
∙Other topics relevant to enhance and strengthen the EPN.
5.In view of the upcoming unitary patent process and the Unified Patent Court, the EPO will strengthen the training in this area and plans to organise seminars to present the state of affairs to various relevant stakeholders.
7.This programme offers support for improving the language proficiency of NPO staff not having English, French, or German as their official language. To facilitate and harmonise the training in the various member states, the EPO has signed MoUs with three leading language training providers, British Council, Goethe Institut and Institut Français and
8.The language training programme comprises two projects:
(i)General language training:
For the delegates of the EPO Administrative Council and its bodies, the general language training is on a
(ii)Patent terminology language training
The project complements the general language training and aims at enhancing the specific language skills of NPO staff members and other relevant target groups at national level in order to support their professional development. The programme shall be offered in the three EPO official languages to six different target groups:
∙Delegates of EPO Administrative Council and its bodies (BFC, TOSC, ASB, PLC)
∙Examiners in national offices
∙Lawyers in national offices
∙EQE candidates
∙Patent attorneys
∙Patent judges.
Eighteen patent terminology training books (6 in English, 6 in French and 6 in
German), currently being developed for these six target groups, will constitute the basis for the specialised language training. The patent terminology training is expected to start once the training material and the training deployment plan are ready.
d)Development of
9.In this area the following initiatives are proposed:
∙A
∙Development and hosting of
∙Complementing the national training by the European and PCT perspectives via appropriate learning concepts.
∙Exchange of practices and defining the methods of marketing
∙Cooperating with OHIM to harmonise approaches.
e)Discussion platform for exchange on patenting procedures
10.To exchange information and disseminate knowledge on the latest developments in the patenting practices and procedures, discussion fora can be organised at the
NPO premises involving the EPO examiners’ delegation and NPO examiners in a
specific field or sector. These can be extended to the users of the patent system interested in the same topic (pharmaceutical sector, automobile sector, etc.).
f)European Qualifying Examination (EQE) Candidate Support Project (CSP)
11.The project is supporting the preparation of candidates for the EQE in order to foster the development of the profession in those member states having fewer than five EQE qualified patent representatives. This project complements the broad range of activities already implemented by the European Patent Academy for this target audience.
12.The EPO’s support extends to the development and full funding of a comprehensive candidates training programme as well as related study materials. Bursaries for students enable them to dedicate more time to their EQE studies.
13.The project is made possible through the extensive
B.AREA 2:
TOOLS
14.Based on the principle of partnership, IT
National offices are encouraged to offer their solutions for
15.Basically,
a)
16.In order to achieve this goal of providing harmonised
∙Espacenet:
The EPO will progressively integrate the national documents of its member states into the future Espacenet service with the aim of offering access to all
European patent documents, irrespective of their origin (starting with those documents already available in Espacenet level 1). These documents will be translatable via the machine translation facilities integrated in Espacenet. The responsibility for the quality and the completeness of the documents and data and first level user support in
∙Online filing:
The EPO will continue to provide support for the existing online filing installations on a best effort basis. The current online filing system will be supported and maintained by the EPO for a transitional period of two years after the new system is in place. The EPO will offer to all interested national offices a
∙Federated European Patent Register:
The EPO and the NPOs offer electronic Register services. So far these services are not fully interlinked, with the consequence that the user needs to consult multiple,
European patent. The project will follow the "quality at source approach", meaning that the European Patent Register will not duplicate national registers but simply provide a harmonised
(a)Direct access to several registers by providing direct links to the national registers for a specific application or publication number ("deep linking");
(b)
Patent Register web site (“federated display”).
Necessary developments related to the web service will be fully funded by the EPO (the EPO will
b)
17.As a general principle,
18.Whenever deemed appropriate, the EPO will provide advice and consultancy with reference to business processes, and share EPO knowledge and expertise. This can be done in bilateral meetings or in workshops for participants from all interested member states.
19.As most national offices do not only deal with patents, the EPO will continue to work very closely with OHIM on possible common IP related IT solutions.
c)Office to office data exchange
(i)General principles:
20.The concept of
be responsible for its own application, but software solutions will be made available "as is":
∙Solutions for
∙
(DVD's, hard disks, tapes, etc.) by a standard
∙Dossier Access Service in the context of the introduction of a utilisation scheme (CA/101/09) and further tools to support
∙Tools to support
(ii)Data acquisition with Quality at Source:
21.The current exchange of publication front file data between the EPO and the
NPOs of the member states is not optimal in the interoperability perspective.
22.The challenges can be classified in three groups: the standards and formats used, the accuracy of the data sent, and the timeliness and regularity of delivery.
23.In addition there are also shortcomings in the back file. Documents are not present at all or are only partially available (e.g. no images or
24.Therefore, a new project will be proposed in order to establish a front file delivery of patent data, in the EPO defined form based on the concept of Quality at Source (Q@S). When the front file delivery is well established for an NPO, fulfilling all the EPO quality criteria, then the missing back file patent data from 1973 to date will be collected in digital format covering bibliographic, image and
will provide additional patent corpora, which could be used to further improve the quality of the Patent Translate service.
25.The main activities related to the project will be: the creation of an Authority File per NPO allowing to easily identify gaps to ensure the completeness of the patent data collection, the adoption of standards and formats for the data delivery as proposed in CA/T 13/12 – Interoperability in the area of data provision. The EPO would provide and/or support in cooperation with NPOs: software tools that offer plausibility checks at the source of the data, exchange of good practices within the EPN, training opportunities etc.
26.For the back file data collection, the EPO will fully finance the scanning of all missing patent documents from 1973 onwards. This exercise should ideally be done via local service providers. The EPO will also finance the OCRing of these documents (at least for one patent document per national family).
(iii)Electronic exchange of National Searches
27.For those NPOs having a Search Agreement with the EPO, a project will be proposed in order to automate the exchange of Search Requests (from NPO to
EPO) and subsequently the delivery of Search Report and Written Opinion (from EPO to NPO). This project is promoting the idea of
28.The EPO has already created and tested a workflow for this interaction which is implemented over the secure network of Patnet. This means that no additional hardware is needed.
(iv)IT security and PATNET
29.A set of IT services that support the business processes of National Offices is made available over Patnet. The services comprise search tools and printing (i.e.
EPOQUE Net), hosting of dossier management software, sensitive document exchange, connectivity for EPTOS usage and control, and several others.
30.In order to ensure the availability and high security of critical services operated over Patnet, the EPO will finance 100% the replacement of the Patnet equipment, at intervals agreed between the EPO and the NPOs. The equipment shall be bought locally by the NPO based on the EPO’s technical specifications and eventually reimbursed by the EPO. The NPO is fully responsible for the maintenance of its Patnet equipment, while the EPO is responsible for globally operating the Patnet system.
31.IT security is crucial to ensure the inviolability of confidential information exchanged between the EPO and the NPOs. As several NPOs have expressed their interest in exchanging experiences with the EPO and other NPOs, the EPO will arrange a suitable seminar / workshop to address these requests.
(v)EPOQUE Net
32.In order to carry out prior art searches, NPOs have access to EPOQUE Net through the EPO’s infrastructure. Details on the functionalities, distribution modalities and pricing policy for EPOQUE Net are dealt within the EPOQUE Net dissemination and pricing policy (see CA/27/12 Rev. 1) endorsed by the
Administrative Council in June 2012. Access to EPOQUE Net service will continue to be granted to the national patent offices for their internal use and will be provided as an access to the EPO’s patent search IT service ‘as is’.
33.For data, where access is subject to
C.AREA 3: PATENT INFORMATION SERVICES AND AWARENESS:
34.Exchange of best practices and
35.
a)Patent awareness events and materials
36.It is at the core of NPOs competences to develop and implement awareness activities at the national or local levels. Respecting the principle of subsidiarity, local events in national languages are the sole responsibility of national IP offices. This programme therefore foresees mainly:
∙Support for activities focusing on raising the awareness of the European patent system;
∙Support for translation of EPO and EPN partners' publications and materials.
b)
37.The network of national patent information centres provides a set of
38.Appropriate training (included in the Academy Annual Work Plan) will be open to the patent information centres to enhance the qualification of their staff and to enable them to offer high quality innovation support services.
39.The EPO will take measures to enhance the visibility of the European patent information centres and their services to the end users (e.g. via the EPO website).
40.The pilot project to reorient patent information centres has been completed. The most successful and relevant elements of this pilot project shall be offered to a wider group of centres. Respective activities will include
∙a dedicated distance learning programme
∙a repository of information material supporting patent information centres in assisting their users
∙development and promotion of enhanced search services tailored to the needs of less experienced users of patent information
∙coaching by already well performing and experienced patent information centres.
c)Language translation services for patents
41.As outlined in CA/29/10 Rev.1, and the IT Roadmap, the integration of language technology services in patent information tools is a means of overcoming language barriers and a direct contribution to the improved use and dissemination of patent information, and consequently improved
42.The implementation of the project as defined in CA/29/10 Rev.1 will be concluded as such at the end of 2014. At the same time the project will enter, according to plan, the maintenance phase. This will cover both the functionality as well as the language quality aspects.
43.The functionality aspect will be pursued, based on the feedback from users, with the aim to offer additional
44.The EPO will strive to continuously increase the quality of the translation service.
This will entail two main streams of action: 1) the continued training of the translation engine with new corpora, which will be by default part of the data exchange activities (see Office to office data exchange); 2) considering the additional use of machine translation providers specialised in certain languages.
45.The support of the member states’ NPOs, by providing access to the necessary corpora, has been crucial for the success of the project. This close
46.Those NPOs who wish to have Patent Translate integrated into their own national tools will be able to do so under their own responsibility, following the EPO technical specifications. The EPO is currently working at a harmonised solution to be made available to all.
d)IP
47.In
48.The EPO would provide financial support, based on eligibility criteria, to cover training in delivering IPD services, IPD promotion activities, translation of the IPD methodology, production of initial information and promotional materials and the cost related to the delivery of IPD services to the SMEs. However, this financial support is only provided to those NPOs offering the service for free.
D.EXTENDED
49.Only by strengthening the ties between the EPO, OHIM, WIPO and other regional and international IP Organisations through the implementation of customer oriented and harmonised
50.The EPO will further pursue an active
a)OHIM
51.The EPO will continue to participate as an Observer in OHIM´s bodies and Working Group Meetings, taking benefit from, and contributing to, the share of information, knowledge and best practices between OHIM, its
Users Organisations.
52.Concerning the
Systems.
53.Regarding the
Promotion of IP, this will be mainly carried out by both organisations Academies and will include the organisation of Joint Seminars, the completion of the IP Teaching Kit, and
54.In relation to the field of
55.The organisation of joint training initiatives addressing IP Offices, students, judges and IP professionals, in some cases also involving WIPO, are also planned to take place in
56.In the IT field
57.Staff Exchange might be further pursued in coming years, on the basis of the mutual interest and benefit of the Offices.
b)WIPO
58.Concerning the
Service), patent examiner training, patent information dissemination, statistics and economic, data exchange and development of standards.
E.OTHER
a)European PatentLearn initiative targeting universities
59.This initiative aims to promote the use of patent information and especially EPO patent information tools and services, NPO tools and services, and possibly OHIM tools and services among students and faculties of European technical universities for gaining further educational, research, innovation and business value from patents. Based on a modular approach, a number of building blocks of activities may be offered with focus on:
a)recruitment of EPO examiners and patent experts via career events, career centres
b)improved knowledge and use of EPO patent information tools and services,
NPO tools and OHIM tools (for trademarks and designs);
c)support for teaching IP via IP curriculum development,
d)support the development of patent related services for enabling patenting of university research work.
60.These activities are covered within the mandate of the European Patent Academy.
b)Cooperative Patent Classification (CPC)
61.The CPC is a more specific and detailed version of the International Patent Classification (IPC) system, which has been jointly developed by the EPO and the
United States Patent and Trademark Office (UPSTO) in order to harmonise their existing classification systems, namely European Classification (ECLA) and United States Patent Classification (USPC) respectively and migrate towards a common classification scheme. The CPC is substantially based on the European Classification system (ECLA), which will be decommissioned.
62.The CPC has been in force since 1 January 2013 and can be used directly for search of prior art in Espacenet and EPOQUE Net. At the end of 2013 almost 40 million documents from all around the world already carry CPC symbols.
63.The CPC is being adopted as the standard classification scheme by larger member states NPOs and by NPOs around the world. Around 2 million new documents per year are already classified in CPC.
64.The EPO will continue to promote the use of CPC in the member states and provide support, if needed, in the form of training and IT.
c)Harmonisation of videoconferencing equipment
65.As part of its Cooperation Fund, OHIM implemented a new Video Conferencing Network for its 27 EU member states.
66.Thus, the EPO is willing to provide compatible hardware to all interested EPO member states, especially those ones not eligible for the OHIM programme.
ANNEX 2 ELIGIBILITY LIST
1.Presently valid eligibility list
2.Eligibility list based on the proposed formula GDP+1000*Renewal Fee Income (RF) per capita1
Values below 22.000 Euro entitle for 75% financial support from the EPO, values between 25.000 Euro and 22.001 Euro entitle for 50 % financial support from the EPO and values above 25.000 Euro entitle for 25% financial support from the
EPO.
The calculations are based on 2012 data as the GDP data for 2013 were not available at the time of writing of this document. Based on the trends available for
2013 GDP data, no changes in the financial support entitlement are expected.
1Sources: EPO Controlling Office (for the renewal fees); EUROSTAT for all member states except LI, MC and SM (for population figures); Amt für Statistik - LI; "Rapports et statistiques"/ Principauté de Monaco's website - MC; UNCTAD handbook of statistics - SM