IP5 – Patent collaboration across the world

The five largest Intellectual Property Offices (IPOs) are:

• the European Patent Office (EPO);
• the Japanese Patent Office (JPO);
• the Korean Intellectual Property Office (KIPO);
• the State Intellectual Property Office of the People's Republic of China (SIPO); and
• the United States Patent and Trademark Office (USPTO).

Interestingly, the “IP5” Offices account for 90% of all patent applications filed worldwide and for 93% of all work carried out under the Patent Cooperation Treaty (PCT). The majority of the IP5 recorded rapidly increasing backlogs in pending patent applications between 2000 and 2008. The heads of the respective organisations met in 2008, along with the head of the World Intellectual Property Organisation (WIPO), which administers the PCT, with a view to addressing issues commonly faced and, in particular, raising backlogs. As a result of that meeting, a common vision was established as follows:

"The elimination of unnecessary duplication of work among the offices, enhancement of patent examination efficiency and quality, and guarantee of the stability of patent right"

The third "IP5" summit was recently held in Guilin, China and, as a result, the respective heads agreed to expedite the “foundation projects”, which look at issues such as using common documentation, a common application format, common access to search and examination results and, common examination practice rules and quality management.

It is clear that a number of strategies have already been implemented between various IPOs including, for example, the Patent Prosecution Highway (PPH), which allows for accelerated prosecution of an application if a grant has been achieved in a corresponding country operating the PPH scheme. IP Australia currently has a PPH scheme with the USPTO, so examination of a corresponding US patent application could be expedited if an Australian patent application was granted.

In addition, the IP5 have made it clear that they believe the PCT is a useful vehicle to allow efficient work sharing between offices and, therefore, have agreed to work towards improving the PCT process to help achieve this goal.

Overall, the message to persons involved in patent applications is that the IP5 are trying to break down traditional barriers to provide a more efficient patent system worldwide. Hopefully, this will mean quicker grants with out a loss of quality in patent examinations.

The IP5 intend to meet again in 2011 to assess the progress made by that date. More information can be found at the IP5 website www.fiveipoffices.org

IAN LINDSAY
UK & European Patent Attorney