Patent Challenges for Standard-Setting in the Global Economy Lessons from Information and Communications Technology (2013) / Chapter Skim
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7 Patent Office-SSO Information Sharing
7 Patent Office-SSO Information Sharing
Pages 113-120
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From page 113... ...
These include finalized standards documents, preliminary and temporary drafts, and other disclosures of technical information to working groups. These standards-related materials are thought to affect 30 to 40 percent of patent applications in certain ICT fields.3 Patent offices and standards bodies are considering ways of cooperating to increase the availability to examiners of standards documentation that will improve the examination process.
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From page 114... ...
Applications approved by the EPO may be granted EPO patents and also granted by the patent offices of individual member states.4 The EPO processes the third largest volume of patent applications in the world after the Chinese State Intellectual Property Office (SIPO)
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From page 115... ...
The interlinking of EPO and SSO databases benefits SSO members by providing updated information on patent applications and claims and generating automatic identification of classifications and types of patent families, all subject to the agency's quality controls. ETSI independently modified its IPR policy to extend disclosure and FRAND licensing commitments from a specified member of a patent family to all existing and future essential patents of that family unless there is an explicit exclusion of specified patents at the time of the undertaking.6 ETSI also took advantage of its cooperation with EPO to launch a new information architecture in 2011, increasing transparency, functionality, and user 6 ETSI has a unique definition of patent families with respect to licensing commitments.
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From page 116... ...
Establishing mechanisms to record patent transfers, preferably in the patent office where the national patent was granted, would help in achieving the goal of identifying the ownership of SEP patents.7 Despite practical concerns, such measures would enable an implementer or standards developer to search official records to determine who owns a SEP, whether it is declared or not, and whether it has been assigned. 7.3 Legal Status of Standards Information Final standards are part of the available prior art, except in the case of private standard consortia that do not publish them but make them available only to specific parties under non-disclosure agreements.
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From page 117... ...
In this regard, the Scientific and Technical Information Center (STIC) , a central library facility operated by the USPTO, frequently receives requests from examiners to provide the text of standards thought relevant to the patentability of inventions under consideration.
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From page 118... ...
In switching the United States from a first-toinvent to a first-inventor-to-file priority system for patent applications filed on or after March 16, 2013, the America Invents Act of 2011 has ostensibly moved U.S. patent law in the direction of European law and other international patent systems.
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From page 119... ...
Explore with leading SSOs, including possibly ETSI, IEEE-SA and ITU, information sharing arrangements similar to those concluded by the EPO; Work with other patent offices to establish uniform fields and templates for standards-based prior art documents, such as early drafts of specifi cations, published minutes, and the like, and deliberate with other of fices on the definition of sharable information in this context; Improve standards technology education for U.S. patent examiners.
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