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Addressing the cost and quality issues in patent reform

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Addressing the cost and quality issues in patent reform Claude Quintelier April 6, 2011 www.gevers.eu * * Addressing the cost and quality issues in patent reform EPO ... – PowerPoint PPT presentation

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Title: Addressing the cost and quality issues in patent reform


1
Addressing the cost and quality issues in patent
reform
  • Claude Quintelier
  • April 6, 2011

2
Addressing the cost and quality issues in patent
reform
  • EPO fee policy
  • Do the filing, search and examination fee
  • really cover the costs?
  • In general they do not cover the real costs,
  • but the renewal fee payments finances for
  • a substantial part the work done at the EPO

3
Addressing the cost and quality issues in patent
reform
  • What about the opposition, the appeal fee
  • and the petition for review fee?
  • Opposition fee 705
  • Appeal fee 1 180
  • Petition for review fee 2 625

4
Addressing the cost and quality issues in patent
reform
  • The opposition and appeal fee also clearly
  • do not cover the real work, whereas it looks
  • like that in all but one of the cases, the fee
  • for the petition of review has probably been
  • of financial benefit to the EPO

5
Addressing the cost and quality issues in patent
reform
  • Taking into considerations that an opposition
  • and/or an appeal are generally filed at a
  • moment where the economical value of the
  • patent (application) can be much better
  • evaluated than at the filing stage, it seems
    justified to increase the opposition and appeal
  • fee so as to better reflect the real costs.

6
Addressing the cost and quality issues in patent
reform
  • For what concerns the petition for review fee,
  • there is clearly a problem taking into account
  • that a majority of the cases are judged as
    beinginadmissible
  • The EPO should therefore consider on the on
  • hand to raise the petition for review fee,
  • for example, to 5 000, but reimburse 4 000
  • if the petition is judged as being inadmissible

7
Addressing the cost and quality issues in patent
reform
  • Machine translations
  • On March 24, 2011 the EPO signed an
  • agreement with Google to collaborate on
  • machine translations of patents into multiple
  • European, Slavonic and Asian languages
  • This partnership will enable free,
  • real-time translation

8
Addressing the cost and quality issues in patent
reform
  • Why free?
  • The EPO could have considered users to pay
  • a subscription fee for using the tool.
  • For free signifies that the applicants will pay,
  • who else?

9
Addressing the cost and quality issues in patent
reform
  • The tool is nevertheless welcome as it will make
    accessible a substantial amount of patent
    literature and will thus contribute to increase
    the quality of granted patents or applications to
    be filed

10
Addressing the cost and quality issues in patent
reform
  • However no legal value should be accorded to
    such a machine translation.
  • Filing a machine translation as the translation
    of a document used as prior art in an opposition
    should be inadmissible

11
Thank you very much for your attention
  • Claude Quintelier
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