Patent Japan

Tuesday, December 05, 2006

B+ Group Meeting

On November 20 and 21, 2006, the Meeting of the B+ Group (developed countries) was held on the issue of patent harmonization, as mentioned yesterday.
Experts were gathered from 24 countries and 2 organizations to have a working group meeting on patent harmonization. It was agreed that a treaty text will be drafted based on the outlines proposed by the Chairperson, while the request for amendment would be taken note.

The Outlines of the Treaty
1) First-to-File
Draft Treaty: First-to-File
(Current JP & EP: First-to-File)
(Current US: First-to-Invent)
2) Grace period
Draft Treaty: Twelve months, Automatic
(Current JP & EP: Six months, Declaration required)
(Current US: Twelve months, Automatic)
3) Secret Prior Art
Draft Treaty: Destroys Novelty & Inventive Step, without Self-Collision
(Current JP: Destroys Only Novelty, without Self-Collision)
(Current EP: Destroys Only Novelty, with Self-Collision)
(Current US: Destroys Novelty & Inventive Step, without Self-Collision)

It is scheduled that a plenary session on this matter will be held in May or June 2007, at the Commissioner level.

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