18th maj, 2009

DKPTO looking forward

 

If the world is in a crisis the IP-system appear to be in a similar condition. At the annual meeting for the IP sector in Denmark the DKPTO spelled out a dark future for IP.
 

 

Jesper Kongstad started out with a state of the union focusing on what is putting the IP-system under pressure. A mix of conflicts between the developing and developed nations, competition between IP offices for work and increased competition on the markets are all fueling the pressure on the system. Jesper Kongstad proposed the fixing the problem by harmonizing the legal basis, increasing utilization and corporation. Work sharing for IP offices seemed to be one of the key words for solving the problems. The problem with this solution is that the prerequisite of work sharing is trust and willingness to change…something which is lacking very much in the IP field.
 

After the Danish view to international guests spoke. Francis Gurry of WIPO and Takashi Suzuki Commissioner at the JPO. Gurry was a breath of fresh air as he covered the challenges to the IP system in a broad perspective including copyright. Mr. Suzuki gave an interesting perspective on the patent prosecution highway.
 

After the plenary session the participants was divided into two groups (patents and trademarks) and was allowed to give their view on how to meet the future challenges in a workshop set up. The workshop idea was both new and worked out pretty good. My group focused on what should be patentable in the future. Some of our conclusions were:
1. Don’t remove the EPC restrictions in art 52 and 53 (I’m not sure that I agree that they serve a function other than a political one , but ok)
2. Limits on patentability could be regulated through fee structure fx on claims (above 15 claims a high fee should be paid). Another idea could be to reverse the fee structure so that entry and annual fees are high in the beginning and decrease further down the line.
3. Establishing an easy way to highlight prior art for issued patents without starting an opposition or similar.
 

The conference proved to be an interesting afternoon which gave me a lot of knowledgeable people and hear their opinion. And a brave theme indeed from the DKPTO. Read the DKPTO blog for details and presentations.

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