AIPPI: PATENT HARMONISATION 2) Te grace period shall not exclude from
the prior art: a) Disclosures from a third party that are
not derived from the inventor or his successor in title, even if said disclosures occur aſter a non-prejudicial disclosure; and b) Disclosures resulting from the proper
publication by an IP office of an application for or the grant of an IP right filed by the applicant or his successor in title. Te remaining elements of the AIPPI
resolution were: • A duration of 12 months preceding the filing dates or earliest relevant priority date;
• No requirement to deposit a statement or declaration;
• Tat the grace period has no effect on the date of publication of the patent application; and
• Te burden of proof to exclude prior art is on the party claiming benefit of the grace period. Following the AIPPI resolution, issuance of
the final consolidated report from the Tegernsee consultation process in April 2014, and with the express purpose of pushing the harmonisation discussion forward, the Japanese Patent Office
“THE MOST FREQUENT USERS OF GRACE PERIOD PROVISIONS ARE UNIVERSITIES, RESEARCH INSTITUTES, AND SMALL AND MEDIUM-SIZED ENTERPRISES.”
(JPO) organised the ‘Tegernsee symposium focused on a grace period’, which it hosted in Tokyo on July 10, 2014. At the invitation of the JPO, AIPPI and the
International Federation of Intellectual Property Attorneys acted as co-hosts for the symposium. A wide range of stakeholders and jurisdictions were
represented at the symposium; they
again reflected differences of opinion over implementation details, but showed strong overall support for harmonisation of laws in this area.
report
It was noted, based on the final consolidated from the Tegernsee consultation
process, that around the world by far the most frequent users of grace period provisions are universities, research institutes, and small and medium-sized enterprises. Large corporations seem generally not to rely on the grace period.
Prior user rights As this work on the grace period was proceeding, AIPPI also turned to the related issue of prior user rights. Reports from the national and regional AIPPI
groups were
solicited in early 2014, resulting in 32 national reports being received. Based on these reports, a draſt resolution was prepared for debate during the 2014 AIPPI congress in Toronto. Following an active debate, the executive committee of AIPPI passed, by a majority in excess of 90%, a resolution supporting a balanced prior user rights regime as follows: 1) A prior user right should be recognised
when a party has used an embodiment falling within the scope of a patent before the filing date or, if earlier, the applicable priority date of the patent. A prior user right should also be recognised, at a minimum, when serious
22 World Intellectual Property Review Annual 2015
World Intellectual Property Review November/December 2014
www.worldipreview.com
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