Monthly Archives: June 2014

Guidance: IPO: Customer charter

Updated: Customer charter updated.

The IPO customer charter sets out the standards of service we aim to provide. It also provides information on how you can give us feedback on your experience of doing business with us.

Source: UK IPO News

Corporate report: John Alty external stakeholder meeting schedule

Updated: John Alty stakeholder meetings May to July 2016 updated.

As part of our commitment to transparency, Viscount Younger of Leckie, Parliamentary Under Secretary of State for the Department for Business, Innovation and Skills, promised that the Chief Executive Officer of the Intellectual Property Office would make public his meetings.

This guide lists Chief Executive Officer John Alty’s meetings with external stakeholders.

Source: UK IPO News

Detailed guide: Patents: accelerated processing

Updated: Additional content added: As of 1st July 2016 the PPH pilot programme has been extended indefinitely.

Patents fast grant

Our Patents fast grant guide provides further information on how to get your patent application granted more quickly.

Green Channel

The Green Channel for patent applications was introduced on 12 May 2009. This service allows applicants to request accelerated processing of their patent application if the invention has an environmental benefit.

The applicant must make a request in writing, indicating:

  1. How their application is environmentally-friendly.
  2. Which actions they wish to accelerate:-search, examination, combined search and examination, and/or publication.

The service is available to patent applicants who make a reasonable assertion that the invention has some environmental benefit. If, for example, the invention is a solar panel or a wind turbine then a simple statement is likely to be enough. However a more efficient manufacturing process which uses less energy is likely to need more explanation. We will not conduct any detailed investigation into these assertions, but will refuse requests if they are clearly unfounded, for example if the application relates to a perpetual motion machine. Applications will only be accelerated when requested by the applicant; there is no automatic Green Channel entry for particular areas of technology.

This service may be requested in relation to applications filed prior to 12 May 2009 as well as in relation to those filed after this date. The written request can be made electronically as a covering letter using the Office’s online patent filing services, or can be posted to us. The request can be made at the same time as filing the application, or can be made on a later date, quoting the application number.

We have created a database that enables a search for published applications and granted patents which have been accelerated under the Green Channel.

There is no fee for using this service.

Patent Cooperation Treaty (PCT) (UK) Fast Track

This acceleration service is available to international (PCT) applications entering the national phase if the claims have been found to be acceptable in the International preliminary examination report or the written opinion of the International Searching Authority. Further information is available in the form of a practice notice.

There is no fee for using this service.

Patent Prosecution Highway (PPH)

The PPH is an initiative which provides you with a means of significantly accelerating examination of your patent application if examination work has already been conducted at another intellectual property office.

Under the PPH agreements, if the claims of your application have been found to be acceptable by a first intellectual property office, you may request accelerated examination of a corresponding application at a second office.

The PPH puts in place a procedure whereby intellectual property offices can make use of relevant work already conducted by another office when conducting the patent examination.

Making use of this work greatly improves our efficiency and can also improve the quality of the patents that we issue. The procedure can provide you with a granted patent for your invention much sooner than would normally be possible.

There is no fee for using this service.

Global Patent Prosecution Highway (GPPH)

The GPPH pilot programme was launched in January 2014, allowing applicants who have had claims allowed by a first participating office to request acceleration of one or more co-pending applications at any or all of the other participating offices, with all of the participating offices evaluating such requests based on the same set of agreed criteria.

A full list of the offices participating in the GPPH can be found on the PPH Portal. Please note that the GPPH supersedes our existing agreements with:

  • the Japan Patent Office
  • the United States Patent and Trademark Office
  • the Korean Intellectual Patent Office
  • the Canadian Intellectual Patent Office
  • the German Patent and Trade Mark Office

Requests for accelerated processing at the IPO under the GPPH should be made in accordance with the respective guidelines.

China

On 1 July 2014 we launched a bi-lateral pilot PPH programme with the State Intellectual Property Office of the People’s Republic of China. As of 1 July 2016 the PPH pilot programme has been extended indefinitely.

Request for accelerated processing at the IPO based on the UK-China PPH agreement should be made in accordance with the respective guidelines. The guidelines for requesting acceleration under the pilot programme at the State Intellectual Property Office are also available.

Background

In the modern global economy many companies and some individual applicants have a growing need to acquire patent protection for the same invention in a variety of different countries. This may require separate patent applications being prosecuted at many different intellectual property offices, with each office considering the patent application independently of the others.

With this in mind, and following the recommendations of the Gowers Report, we have been investigating the possibility of international collaboration with other intellectual property offices to enable offices to exploit relevant work already conducted by another office. This has led to PPH agreements with various countries being considered.

Further Information

Further information relating to the Patent Prosecution Highway initiative can be found on the Patent Prosecution Highway Portal Website, hosted by the Japanese Patent Office. The site includes information on the international PPH network and guidelines on making PPH applications between specific Offices. For further information contact Charles Jarman on +44 (0)1633 814782 or email PPH@ipo.gov.uk.

Source: UK IPO News

Guidance: Intellectual property rights in India

Updated: Intellectual property rights in India PDF document updated.

Protecting your Intellectual Property in India

India is a significant market for UK business, worth over £8bn each year. In terms of emerging markets, it is the UK’s second largest export market after China. You should consider how to manage or protect your intellectual property (IP) if you are thinking about:

  • exporting to India
  • manufacturing your products in India
  • licensing your IP in India

India’s economy is one of the fastest growing in the world, with a rapidly expanding consumer class. The UK has strong ties with India, and UK companies are well positioned to take advantage of this growing export and investment market.

It’s important you choose the right form of IP protection for your product or service. The online IP Health Check from the UK Intellectual Property Office (IPO) can help you learn more about IP and your business.

Further information on each of the IP rights in India is available in the above guidance.

Seeking professional advice

The UK IPO has information on the different types of IP rights and what they protect. However, IP rights are protected differently in different countries. It is important to get the right advice on IP strategy and the different ways you can protect your IP so you can use the IP system to your advantage. If you are seeking to register your IP, or if your IP is infringed in India, we strongly advise you to seek advice from local IP lawyers to guide you through the processes.

Intellectual Property Management Toolkit for Indo-UK R&D Collaborations

This Toolkit (listed above) is intended to help UK and Indian research institutes or universities and businesses which wish to undertake collaborative research projects with each other, especially institutes/universities and small and medium sized enterprises that are inexperienced in technology transfer or knowledge sharing and do not have the resources to buy-in expensive expertise.

The objectives of the Toolkit are to:

  • facilitate negotiations between potential collaborators
  • reduce the time and effort required to secure agreement
  • provide examples of good practice
  • provide a useful starting point which can be adapted where necessary. The Toolkit cannot cover every issue arising from research collaboration to meet the needs of all parties

Source: UK IPO News

Guidance: Intellectual property rights in Brazil

Updated: Change in attache contact information.

Intellectual Property Office (IPO) representative – since August 2012 the IPO has based an attaché in the British Embassy in Brasilia, working with representatives from UK Trade and Investment (UKTI) and the Foreign and Commonwealth Office. The position is central to the government’s plans to enhance trade relations and to support IP and innovation-led businesses abroad.

Our attaché in Brazil, Sheila Alves has now left the Intellectual Property Office of the UK. We are currently in the process of recruiting a new attaché and will place their contact details on this webpage as soon as they are in post.

UK diplomatic posts – there is a British Embassy in Brasilia, Consulates-General in Rio de Janeiro and Sao Paulo, and Commercial Offices in Porto Alegre and Recife. They cannot intervene with Brazilian legal or administrative processes, but they may be able to keep a watching brief when cases are brought to Brazilian courts, or lobby on your behalf if progress is slow.

Find out about the work and services of UK diplomatic posts in Brazil on the UK and Brazil pages.

British Chambers of Commerce (Britcham) – have branches in Brazil and organise IP related events, and their members include local UK lawyers as well as businesses with direct experience of IP issues. Britcham has offices in Rio de Janeiro, Sao Paulo and Rio Grande do Sul.

National Institute of Industrial Property – is the body responsible for operating the patent, utility model, industrial design and trade mark system in Brazil. The information is however predominately in Portuguese.

Law companies – many law companies, both local and international, have offices in the major cities of Brazil, as well as patent and trade mark attorneys.

Source: UK IPO News