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Announcement Description
  

From June 11 - 14, 2018,  AIPLA Leadership and AIPLA Harmonization Committee members represented AIPLA at meetings of the Industry Trilateral, Industry IP5, and IP5 Patent Office Heads in New Orleans, Louisiana.  The delegation included Myra McCormack, AIPLA President, Lisa Jorgenson, AIPLA Executive Director, Chen Wang, AIPLA Deputy Director for Regulatory Affairs, Tony Venturino and David Hill, Co-Chairs of the AIPLA Harmonization Committee, and Committee members Alan Kasper, John Osha, and Sal Anastasi.  The Industry Trilateral meetings on June 11, 12, and 14, focused on continued discussions of the key issues being considered by the Industry Trilateral in an attempt reach consensus on a broad package of substantive legal matters, including grace period, prior user rights, conflicting applications, 18 month publication, and prior art. 

On June 12, the delegation also met with other members of the IP5 Industry Organization, including the Intellectual Property Owners (IPO), the Japan Intellectual Property Association (JIPA), Business Europe (BE), the Korea Intellectual Property Association (KINPA) and PPAC, to discuss ongoing projects of the IP5 Patent Offices and to finalize preparations for a June 13 meeting with the IP5 Patent Office Heads.  

On June 13, the US Patent & Trademark Office, AIPLA and IPO hosted the annual meeting of the IP5 Industry Organization with the IP5 Patent Office Heads from the Japan Patent Office (JPO), the European Patent Office (EPO), the U.S. Patent and Trademark Office (USPTO), the Korea Intellectual Property Office (KIPO), and the China Intellectual Property Office (SIPO).  The agenda included updates from each of the JPO, EPO, USPTO, KIPO, SIPO, and WIPO on statistics and recent trends in each office.  In addition, an update was provided on the Global Dossier Task Force meeting held in January in Japan, and a discussion was held as a followup on the Industry Consultation Group meeting of February 1, 2018.  The USPTO, SIPO, and JPO lead a discussion on IP5 strategic topics, including “IP5 Project management,” “Thorough searches: access to data in the information age,” and “IP protection in the era of the fourth industrial revolution”.

An update on the Patent Harmonization Expert Panel (PHEP) focused on results of a comprehensive review of all previous projects and a discussion of new topics for possible consideration by that group. Further open discussions included patent quality, and the future evolution of the IP5.

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AIPLA Participates in Industry Trilateral and Trilateral Patent Office Heads Meetings

On February 27 and 28, 2018, AIPLA Leadership and AIPLA Harmonization Committee members represented AIPLA at meetings of the Industry Trilateral in Tokyo, Japan.  The delegation included Lisa Jorgenson, AIPLA Executive Director, Chen Wang, AIPLA Deputy Director for Regulatory Affairs, David Hill, Co-Chair of the AIPLA Harmonization Committee, and Committee members Alan Kasper, John Osha, Ray Farrell, and Sal Anastasi.  These meetings focused on continued discussions of the key issues being considered by the Industry Trilateral in an attempt reach consensus on a broad package of substantive legal matters, including grace period, prior user rights, conflicting applications, 18 month publication, and prior art.  The AIPLA delegation also had an opportunity to meet separately with the new Under Secretary of Commerce for Intellectual Property and Director of USPTO, Mr. Andrei Iancu, to provide him with a briefing on AIPLA activities and patent harmonization efforts.

On March 1, 2018, the delegation moved to Hakone, Japan, where the Japanese Patent Office (JPO) hosted the annual Trilateral Patent Office Heads meeting with the Industry Trilateral. The agenda included updates from the JPO, the European Patent Office (EPO), the U.S. Patent and Trademark Office (USPTO), and WIPO on statistics and recent trends in each office.  In addition, a presentation was provided by the Industry Trilateral on the current status of its harmonization discussions, and a report was given on a survey directed to examination practices in the JPO and EPO for computer-related inventions.  The final topic focused on the 4th Industrial Revolution, and the use of Artificial Intelligence and other new technologies in the patent procurement process.

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AIPLA participated as a member of the Industry Trilateral Organization in a B+ Sub-Group/Industry symposium entitled “Cornerstones for Harmonization” at the European Patent Office on June 20, 2017.
 
Lisa Jorgenson, AIPLA Executive Director, Tony Venturino, Chair of the AIPLA Harmonization Task Force, David Hill, Vice Chair of the Task Force, and Alan Kasper and John Osha, members of the Task Force, along with representatives of Business Europe (BE), the Japan Intellectual Property Association (JIPA), and the Intellectual Property Owners (IPO) represented the Industry Trilateral Organization (IT3) in presenting its current views on patent harmonization to attendees of the symposium. Members of the IT3 spoke on the issues of Prior User Rights, Conflicting Applications, and Non-prejudicial Prior Art (Grace Period), as well as a possible new concept of a Defense for Intervening Users, which have been major areas of focus for achieving progress in harmonization efforts.
 
Presentations were also made by representatives of relevant organizations from Australia, New Zealand, Canada, and South Korea, with their views on the current proposals from IT3. Following those presentations, comments were made by AIPPI, EPI, FICPI, JPAA, and other organizations with their general views on the topics being discussed. Open discussions were held on all of the presentations, and on the B+ workstream reports that had been previously completed and distributed to attendees addressing the key harmonization issues.
 
The Chair of Group B+ and the Symposium, Ms. Patricia Kelly of Australia IP, concluded the meeting by thanking all the participants, and describing plans for future harmonization work of the B+ Sub-Group.

 

  


AIPLA participated in meetings from May 28-30, 2017 of the Industry Trilateral organization, the IP5 Industry organization, and the IP5 Patent Office Heads in Malta.
 
Mark Whitaker, AIPLA President, Lisa Jorgenson, AIPLA Executive Director, David Hill, Vice Chair of the AIPLA Harmonization Task Force, and Alan Kasper, John Osha, and DeAnn Smith, members of the Task Force, met with representatives of Business Europe (BE), the Japan Intellectual Property Association (JIPA), and the Intellectual Property Owners (IPO) on May 28-29 to continue the work of the group on substantive patent harmonization. Discussions centered on the issues of Prior User Rights, Conflicting Applications, and Non-prejudicial Prior Art (Grace Period), which have been the major areas of focus for achieving progress in harmonization efforts, and preparations for the B+ Symposium on Patent Harmonization, scheduled for June 20 at the EPO in Munich.
 
Also on May 29, the Industry IP5 delegates, including the above-mentioned delegations as well as representatives from KINPA in South Korea and PPAC in China, met to discuss pending IP5 projects and to prepare for the IP5 Patent Office Heads meeting on the following day. That meeting took place on May 30 with the IP5 Patent Office heads, where delegates received updates from each of the Japan Patent Office, the U.S. Patent & Trademark Office, the European Patent Office, the Korea Intellectual Property Office, and the Chinese Intellectual Property Office on major activities of the past year. This was followed by reports from the offices on the status of various ongoing IP5 projects, strategic topics on work sharing, and other possible future initiatives. Further items on the agenda included feedback from the 4th IP5 Global Dossier Task Force meeting and the 1st IP5 Industry Consultation Group meeting, both of which took place in January, 2017.

  

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Industry Trilateral Meetings and Trilateral Patent Office Meeting
AIPLA participated in meetings on March 27-28, 2017 of the Industry Trilateral Organization. Lisa Jorgenson, AIPLA Executive Director, David Hill, Vice Chair of the AIPLA Harmonization Task Force, and John Osha, a member of the Task Force, met with representatives of Business Europe (BE), the Japan Intellectual Property Association (JIPA), and the Intellectual Property Owners (IPO) to continue the work of the group on substantive patent harmonization; discussing issues such as Prior User Rights, Conflicting Applications, and Nonprejudicial Prior Art (Grace Period).
 
On March 29, the delegates met with the Trilateral Patent Office heads and were updated on each offices' major activities of the past year and the status of the group's harmonization discussions. This session included an opportunity to have an open discussion of substantive patent harmonization.
Attachment
  
  
  
See the Industry Trilateral Policy and Elements for
a Possible Substantive Patent Harmonization
Package listed under Committee Documents.
 
 
However, it summarizes the issues for potential harmonization,
lists points of agreement by the industry groups on these issues,
and in the case of disagreement, lists the positions
of each industry group. 
  

​See the AIPLA Global Dossier pagehttp://www.aipla.org/globalip/Pages/GlobalDossier.aspxfor the latest announcement information regarding this important IP5 project.Global Dossier will facilitate work sharing by theoffices and make it easier for patentees and patentapplicants to manage their worldwide portfolios.