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Patent Attorney Axel H Horns' Blog on Intellectual Property Law.

 

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Monday, January 15, 2007

 

UPP Starts in Germany on March 01, 2007.

Within the framework of the EXTERNAL LINKUtilisation Pilot Project (UPP) adopted by the Administrative Council of the European Patent Office the German Patent and Trade Mark Office will, from March 01, 2007 onwards, randomly pick a limited number of first filings of patent applications and dispatch tickets for participating in the UPP. This means that some applicants and/or their representatives will find an information leaflet attached to a search report or to an Office Action, explaining the UPP and enabling the applicant, on a strictly voluntary basis, to request special processing for a related subsequent priority-based European Patent application.

See the EXTERNAL LINKOfficial Notice of the President of the German Patent and Trade Mark Office [in German only, sorry].

The European Patent Office will process all UPP patent applications on the fast lane; they promise to deliver the first Office Action within 6 months from filing of the European patent application.

The objectives of the UPP are to test the process by which work carried out during the priority year on a first filing at a National Patent Office (NPO) can be further utilised by an applicant and the EPO in the treatment of a subsequent filing. Following this test, the European Patent Office (EPO) and the member states of the European Patent Network (EPN) should be able to answer the following questions:
  • is the efficiency of the European patent application/examination procedure improved by utilising NPO products?
  • what is the detailed process by which NPO products are transferred to the EPO?
  • what is the process by which the NPO products will be accepted and their benefits evaluated?
  • what procedural, technical and financial impacts will the process have on the following:
    • the NPO within the EPN which processes the national first filing?
    • the applicant and the users of the European patent system?
    • the EPO?
  • what costs are incurred by the applicants, the NPOs and the EPO?
  • what financial rewards can be given to the applicant in the full scale system?
  • what impact does the Utilisation process have on the other elements of the
    EPN?
  • what further constraints need to be met in order to implement the utilisation
    process throughout the EPN?
Still more details can be derived from a EXTERNAL LINKpresentation [in German only, sorry] given by Mr. Fastenbauer of the Austrian Patent Office.

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INTERNAL LINK Dipl.-Phys. Axel H Horns is Patentanwalt (German Patent Attorney), European Patent Attorney as well as European Trade Mark Attorney. In particular, he is Member of:

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