Intellectual Property Law

Full speed ahead for fast-track patents

By Johanna Gibson, David Pearce, Jeremy Phillips and Ilanah Simon.

"The Intellectual Property Office ... today introduced the scheme to help tackle the worldwide backlog of patent applications, which costs the global economy an estimated £7.6 billion a year. The UK is among the first to introduce such a fast-track scheme [repetition of the above sentiment by David Cameron deleted]. Intellectual Property Minister Baroness Wilcox welcomed the announcement. She said: ?Innovation is one of the main driving forces for Britain?s economic recovery. Delays in dealing with patent applications prevent firms from expanding and creating new jobs [Evidence?]. ... ?The new fast-track procedure will make it quicker for business to turn innovation and ideas into products and jobs.

?Britain is leading the way in identifying and dealing with the patent backlog [This makes up for the country's miserable performance in the Eurovision Song Contest]. I hope other countries will establish similar fast-track schemes to tackle this problem.? [That's magnanimous: a lesser soul might have wished that British competitiveness would be at the expense of its competitors ...]
The new procedure will apply to applications filed under the international Patent Cooperation Treaty (PCT). The UK is one of 142 countries which have signed up to the Treaty. Under the PCT, applications undergo a preliminary assessment of their patentability before being passed to individual nations to consider the details. The Treaty aims to stop work being duplicated when an applicant wants patent protection for the same invention in several countries.

Now businesses and individuals can apply for their application to be dealt with under the PCT (UK) Fast-Track when it has been approved in the international phase. Applicants requesting the fast-track service will receive an examination report within two months. Under current timescales this could take more than 18 months.

The examination report will either approve the application or detail any changes needed before a UK patent can be granted. Any substantial issues will have been addressed in the international phase.

The UK is among the first to introduce a fast?track procedure. It is hoped other countries will establish similar schemes to encourage applicants to make full use of the international phase. This will help deal with the global backlog of patent applications.

The new scheme will work in the same way as the IPO?s existing fast-track procedures, which include the ?Green Channel? for inventions with environmental benefits".

Full post as published by IPKat on May 31, 2010 (boomark / email).