The Council of the European Patent Organisation earlier this month announced
that it had backed a strategic approach to handling future workload in the European
patent system.
The proposal was outlined in a study presented by the Board of the Organisation's
Administrative Council, and was endorsed at the Administrative Council's meeting
on 14 December.
It contains a set of strategic recommendations on how the European Patent Office
and the patent offices of the member states should best address the challenge
of ever-growing numbers of patent applications, increasing backlogs and securing
the quality standards of European patents.
The study, drafted in close cooperation with the Organisation's 32 member states,
the European Patent Office (EPO), the Organisation's executive body, and after
consultation with interested circles, addresses the workload situation from
a global perspective.
"The patent activity follows the pattern of globalisation, making the
patent landscape in Europe very dynamic but also very complex", explained
Roland Grossenbacher, Chairman of the Administrative Council.
He continued:
"The challenges the European patent system is facing fully reflect that
global character: New players are appearing on the scene, causing application
numbers to rise dramatically, while new emerging technologies contribute to
the complexity and volume of patent applications. All these factors need to
be taken into account if the system should efficiently maintain its support
function for the European economy."
"The study confirms that the Board of the Administrative Council and the
management of the Office very largely share a vision of the situation the European
patent system finds itself in," added Alison Brimelow, President of the
EPO. "It provides important insights into the route to make the European
patent system fit for the future. Moreover, it is an endorsement of the new
strategic approach the Office is taking in this respect."
The report highlighted that in the past 25 years, the volume of patent applications
at the EPO has quadrupled to reach 208,500 in 2006, and is expected to increase
further.
Much of this growth is also attributable to the enhanced global activity of
companies, to emerging economies such as China, India and South Korea in the
field of patents, and the increasing importance of new technologies, such as
information and communication technology and biotechnology, rendering the patent
grant procedure also more difficult and costly.
As a result, workload and backlogs at the patent offices increase, causing
quality problems and long waiting periods, which can adversely affect the innovation
process.
On the basis of these findings, the report pinpointed five strategic directions
for dealing with the future workload of the European patent system. These were:
- Utilising work done by others (other patent offices in Europe or outside
Europe, applicants and third parties).
- "Raising the bar" (i.e. granting exclusive rights only for technical
innovations with sufficient inventive merit)
- Improving the efficiency of the process (coming up with new measures to
deal with the workload in an efficient way)
- Enhancing cooperation within Europe (e.g. by building the European Patent
Network that consists of the EPO and the national patent offices)
- Making the Organisation and the EPO fit for the future (enhancing their
capability to deal with new challenges, reviewing governance and finance).
The report formulated policy recommendations for each of these five areas,
which can form the basis of a work programme for the EPO, now that they have
been endorsed by the Administrative Council.