Presentation on theme: "Contribution of Dr Konstantinos Karachalios European Patent Office Relations with International/Intergovernmental Organisations to Panel 5: International."— Presentation transcript:
Contribution of Dr Konstantinos Karachalios European Patent Office Relations with International/Intergovernmental Organisations to Panel 5: International Cooperation/global markets and EU competitiveness: how to ensure win-win partnership through standards ETSI Workshop Standards & Interoperability in ICT ETPs Sophia-Antipolis 23-24 October 2006
R&D innovation international cooperation, TA free trade rules WTO IP, Patents TRIPS Business, globalisation, global markets Society, politics, public debate fair competition standards setting knowledge exclusive private property public good economic, sociological studies norm setting developing supporting interfering fostering
EPO's contribution to innovation and to quality standards setting To foster innovation is the raison d'être of any patent system By its central role within the PCT system, the EPO supports innovation not only in Europe, but worldwide Through its recognised high quality it promotes European legal and procedural standards worldwide
EPO as PCT authority EPO carries out currently around 47 % of International Search Reports and 56 % of International Preliminary Examination Reports (as of July 2006). There is a relative decrease compared to the past, due to self-imposed restrictions (ceiling) by EPO (backlog problem) and to the proliferation of new International Search and Examination Authorities. However, the rates may increase again since EPO abandoned the mentioned ceiling and it is not sure that the newcomers will be able to deal with the additional workload in the mid and long term.
Patent quality standards setting It is worldwide perceived as fact that the EPO provides high level PCT services, both in terms of timeliness and in terms of quality of the specific "products" (ISR, WOISA, IPER). A genuine European organisation serves thus as a reference for worldwide quality standards in the IPR field.
EPO's contribution to international co-operation Mandated by its founding diplomatic conference in 1973 to deliver technical assistance in the IP field to developing countries and to promote their technological progress Global player with bilateral and multilateral programmes, funded by its own and by EC budgets, in East Europe (all new EU entrants became first EPO members), Asia (CIS and Russia, China, ASEAN, Middle East), Africa (Arab and Sub-Saharan states, including South Africa), Central and Latin America More information: see http://int-rel.european-patent-office.org/http://int-rel.european-patent-office.org/
Impact of our TA programmes Although TRIPS and its worldwide expansion was, at least initially, a process driven by the US, most developing countries, including China, have adopted a more European patenting practice, including the first to file approach. Moreover, China, EAPO and Brazil use EPO own databases and thus methodology for their patent searches, Canada is in the loop. Thus, European investors find all over the world a patent system, the material terms of which are similar to the ones prevailing in Europe.
Our international cooperation partners The EPO works closely with its member states and co-operates with several international organisations, in particular with WIPO, and with other European and international bodies active in related fields (WHO, UNCTAD, etc.).
Links with the EC The European Commission has turned to the EPO to run many EC-financed programmes in the field of patents and industrial property, in particular several large scale projects in in China, in the ASEAN region (ECAP I + II), RIPPS (East Europe), CARDS (Balkan states), in Ukraine, in the CIS countries, etc. These programmes feature in the EU’s trade and intellectual property negotiations with partners around the world.
Building a worldwide network Through its solid, undogmatic and practically oriented TA programmes, the EPO has established a worldwide network and relations based on trust and mutual respect. This enables us to enrich our patents databases with documentation from all important countries and regions and proves very helpful also when we need reliable information, data (statistics, legal state, etc.) and realistic background information (for case studies, etc.).
The Trilateral co-operation Another very important aspect is the Trilateral Cooperation between USPTO, EPO and JPO, which started in 1983. More than 85% of all patent applications filed worldwide, including PCT applications, are processed by the Trilateral Offices. Through harmonisation and development of industrial property administration and protection of industrial property rights, the Trilateral Offices strive to contribute to an increasingly efficient worldwide patent system in the 21st century. More information: see http://www.trilateral.net/http://www.trilateral.net/
EPO's contribution to the public debate: IP Scenarios for the Future This large scale project started 2 years ago and will be accomplished in April 2007. We have identified four major forces driving the system and which combined or alone may alter drastically the current worldwide IP landscape. The general contexts, for which we have constructed „simulation wind channels“, are related to society, technology, geopolitics and to business interests. The project is already now considered to deliver a major contribution to organising the international public debate around IP issues. See http://www.ip-watch.org/weblog/index.php?p=376&res=1600&print=0http://www.ip-watch.org/weblog/index.php?p=376&res=1600&print=0
Dialogue with SDOs Having realised that patents and standards may follow conflicting trajectories, we have recently invited representatives of selected SDOs to Munich to find out in an open discussion, what can be done to improve the situation. Although quite tense at the beginning, the event took eventually a positive turn and will have surely several follow-ups and practical consequences. A side effect was that through our trilateral contacts we established a promising link between the USPTO and ANSI !
EPO-supported studies In co-operation with the OECD it establishes annually the compendium of patent statistics The (still unpublished) edition for 2006 includes, besides general patenting and R&D trends (per country, institutions, technical field), data focused specifically on ICT, including institutional and foreign/domestic ownership of patents
Brand new OECD data on triadic patent families * Triadic patent families are defined at the OECD as a set of patents taken at the EPO, JPO and USPTO that share one or more priorities. In terms of statistical analysis, they improve the international comparability of patent-based indicators, as only patents applied for in the same set of countries are included in the “family”: home advantage and influence of geographical location are therefore eliminated. Patents included in such a family are typically of higher value: patentees only take on the additional costs and delays of extending protection to other countries if they deem it worthwhile. Therefore, they are thought to better reflect inventive activity, than usual patent filing statistics. *Soon under : http://www.oecd.org/document/10/0,2340,en_2649_34797_1901066_1_1_1_1,00.htmlhttp://www.oecd.org/document/10/0,2340,en_2649_34797_1901066_1_1_1_1,00.html
Growth rates in patenting ICT in Europe Growth in ICT- related patent applications to the EPO, 1995-2003: Europe increasingly targeted by emerging economies, but absolute numbers still very low. China and India applied for 360 and 97 EPO ICT patents, respectively, in 2003, up from less than five in 1995. Source: OECD (not published yet)
Country files The Principle Directorate for European and International Relations establishes files for countries and regions including a variety of data, a part of which may be made available to our cooperation partners (also SDOs) on demand. An example follows.
Example of information from a country file: CHINA In 2006, SIPO received more patent Applications than the EPO
Country statistics CHINA Applications received by SIPO 200320042005 105 318 130 133 173 327 FDI Inflows Millions of $ China R&D Expenditure DIRD: 2003: 1,31% 2004: 1,44% Public: 29,9% Private: 70,1% Exchange of technology with EU-25 (2005) Billions of € 83,5 37,3 China exports to EU / imports from EU 200320042005 No. Patent docs. 142 472179 493226 632 Annual growth rate: 26% Patent Documentation Annual growth rate: 28,3% Details balanced domestic-foreign
China: staff numbers and applications from EU Year2004200520062007 (forecast) Staff (Total)200038004400 5200 Examiners--2000 Staff of the Patent Office: 200320042005Total DE4 5225 9177 50217 941 NL1 3762 9603 9888 324 FR1 9412 4653 1907 596 CH1 3741 7442 1605 224 UK1 3141 4011 6134 328 IT 7651 1671 6323 564 SE 694 8991 1012 694 FI 598 817 8512 266 DK 315 406 4781 199 ES 164 213 373 750 Top ten EU countries in SIPO applications
CHINA Statistics Due to relatively poor quality, granting rate for domestic applications is still low. However, trends show that quality, and thus possibly "exportable" applications, are rising rapidly. Foreign: 65% Patents granted 2001-2005 Domestic: 35%
CHINA Statistics Share of countries in total SIPO patent applications in 2001 16% 24% 14% 38% 8% EU Japan United States China Other countries
Growth rate in European patent applications for China, Japan, Europe (EPO member states) and the United States 1996-2004
Comments on rise of application numbers from China Even if the rate of Chinese EPO- patent applications rose very fast, the absolute numbers compared to the global economic players still remain quite low. Only 538 European or EURO-PCT applications were filed or entered the regional phase in 2005.
END OF SLIDES TO BE PUBLISHED On request available background information on Statistical data Statistical data EPO's international cooperation programmes with developing countries and with Trilateral partners (USPTO, JPO) EPO's international cooperation programmes with developing countries and with Trilateral partners (USPTO, JPO) Examples, data and statistics from country files Contact: firstname.lastname@example.org Examples, data and statistics from country files Contact: email@example.com