Harmonisation of patent practices and procedures
In order to enhance the efficiency of the global patent system the IP5 Offices endeavour to explore the harmonisation of their practices and procedures.
In response to the impetus provided by the IP5 Industry associations in 2013 with the submission of the (provisional) list of harmonisation topics, the Patent Harmonisation Experts Panel (PHEP, a technical body of the IP5) has initiated work on the following items under the lead of the Offices in brackets:
- unity of invention (EPO, CNIPA)
- citation of prior art (KIPO, USPTO)
- written description/sufficiency of disclosure (JPO).
Significant progress has been made in all three topics. The IP5 Offices produced comprehensive reports outlining the relevant practices of the IP5 Offices regarding unity of invention and citation of prior art and compiled a list of terminology on written description/sufficiency of disclosure.
- Download IP5 report on unity of invention (PDF, 410 KB)
- Download IP5 report on citation of prior art (PDF, 112 KB)
In July 2015, the IP5 Offices launched a consultation process on these reports.
In August 2018, the IP5 Offices published the report of the first case studies (chemistry field, support requirement) on written description/sufficiency of disclosure.
Work in these areas will continue with a view to
- aligning the IP5 practices in international applications focussing on the consistent application and better implementation of the unity of invention standard embedded in the PCT;
- exploring IT based solutions for the submission and exchange of citation data;
- developing the methodology to address issues under written description/sufficiency of disclosure.
The analysis of the above issues is being done in close co-operation with the stakeholders of the respective IP5 regions.