Annual Technical Report on Patent Information Activities in 2017 submitted by IRISH PATENT OFFICE
I. GENERAL OVERVIEW OF RECENT DEVELOPMENTS IN PATENT INFORMATION ACTIVITIES CARRIED OUT BY THE OFFICE
Outline of main policies and plans aimed at development of patent information activities and expected time frames for their realization
Promotion of IP awareness
One of the main objectives of the Patents Office is to assist businesses, innovators and entrepreneurs to understand how IP can help them create value from their ideas and to be able to access information on IPRs (Intellectual Property Rights) which will enable them to use, manage and enforce their intellectual property to its fullest potential. The Office has specifically directed its IP awareness programme towards assisting small and micro-enterprises and individual entrepreneurs and innovators.
The Office continued with its outreach programme of increasing awareness of intellectual property amongst the general public and directed particularly at the small business start-up sector and students.
During 2017, the Office participated in 60 events speaking on IP at “Start your own business” courses run by the Local Enterprise Offices. The Office engaged in IP awareness raising activities at various business advice and enterprise exhibitions throughout the country, including the All Ireland SME Summit, the National Ploughing Championships and at the Medical Technology Ireland event in Galway. Additionally, the Office co-hosted an IP seminar with Enterprise Ireland in Dublin as well as taking part in the National Research & Innovation Expo and various events including the Business Support Showcase during Enterprise Week.
The Office also held 47 IP clinics in 2017, which give an opportunity to the public, inventors, entrepreneurs and business people to discuss on a one -to-one basis with Patents Office staff, matters concerning IP applications they intend to make or have already made to the Office. Pre-filing interventions are carried out by examiners for non represented applicants who do not fully understand the requirements of the Patents Act and Rules. This approach has been found to be very helpful in providing basic guidance on procedures and forms required for the registration of IP rights, the processes of obtaining IP protection in Ireland or abroad. Assistance in constructing a do-it-yourself search strategy for patents and accessing and using online patent databases is also provided.
Re-introduction of substantive examination
The Patents (Amendment) Rules 2017 (S.I. No 206 of 2017) re-introduced substantive examination of Irish patent applications. The rules set out the procedural changes to support substantive examination including the submission of a search report and written opinion as to patentability of an invention. Third party observations to the Controller in relation to the patentability of applications are also provided for.
Available patent documents
A project to electronically archive Irish national patent documents continued throughout 2017. The aim of the current project is to scan all available patent specification documents from the 1960s to the early 2000s, and to make them available to the public via our website. It is estimated that there are approximately 58,000 documents to be scanned. This project will facilitate ease of access to the data for both the public and for staff, as well as reducing the requirement for storage space for paper files. The project continued in 2017 with over 38,000 documents scanned to date. It is estimated that the project will take another 2 years to complete. As a cost saving measure and to allow continued access to the documents, the Office decided not to outsource this work but use its own internal staff resources and equipment.
PTOLEMY Developments
In relation to improving technological efficiencies, five substantive enhancements to the PTOLEMY administration system were developed during the year. All of these were aimed at improving operational efficiency and ensuring the Office’s core business systems remain current. The Office also migrated its servers to a new off-site infrastructure in 2017, with a more modern operating system. The Office also commenced the migration from Windows to Linux webservers.
E-Services
The Irish Patent Office is currently developing an e-filing system for Patents and Supplementary Protection Certificates (having introduced e-filing of trade mark applications in 2014, design e-filing in 2015). This is predicted to have a go-live date of late 2018.
In 2011 the Office introduced an electronic drop box to facilitate the submission of encrypted patent, applications electronically and securely. The drop box is used by IP attorneys and at the end of 2017, 24 firms had access to the facility. The drop box facility will be discontinued when patent and SPC e-filing becomes operational.
The Office actively pursues an e-services programme which aims at improving service delivery and more efficient processing by combining electronic filing, electronic file processing and electronic communications in a way that will ultimately facilitate the introduction of paperless processing in the Office.
The vast majority of Office correspondence is now issued by email and customers are encouraged to correspond by email with the Office, where possible.
In line with Government policy to promote the increased use of electronic payments, the Irish Patent Office established two new commercial bank accounts which has improved the fee payment options available to its customers. The Office operates an online payments system which facilitates the online payment of all national Trade Mark and Design fee types as well as all grant and renewal fees for Patents. Almost 100% of the Office’s statutory fees are now paid electronically. For customers who can’t avail of the online payments facility, the Office also uses a credit card terminal (CCT) to further facilitate payment of fees over the telephone.
The Office is currently working on the implementation of an E-Services project which will provide for online payment of all IP fees.
Upgrade of website
An upgrade of the website infrastructure and webservers was carried out in order to replace out of date and unsupported operating systems. A new content management system was also put in place to facilitate refinement of web pages, thus expanding capabilities to manage graphics, photos, video, audio, etc. to provide an improved service to users.
A project has been completed for an overall redesign of the Irish Patent Office website. This is expected to ‘go-live' in late 2018. This will allow easier, more logical pathways to the relevant information.
In addition to online free-of-charge access to its registers, databases, and Official Journal, the Office also provides online access to various customer friendly search tools such as Espacenet and the Federated Patent Register through the Irish Patents Office website.
New projects launched or resumed this year in the context of the policies and plans mentioned above, short description: aims, partners, tasks
The Office engages in various co-operation and training activities as a participant in the European Patent Network which is supported by the European Patent Office (EPO). In 2017, the Office continued a “Quality at source” project to ensure standardised patent data information exchange (for inclusion in Espacenet) in compliance with EPO XML formats and WIPO standards. This project will allow us to firstly, establish a standardised front file delivery of patent data and secondly, collect missing back file patent data from 1973 to date in digital format covering bibliographic, image and full-text data (when the quality of the original document allows it).
The Office commenced a project to develop e-filing for Patents and Supplementary Protection Certificates (having introduced e-filing of trade mark applications in 2014 and design e-filing in 2015). This involves the development of a new structured user front end system, hosted on the Patents office website, and a complex redesign of the current administrative software system (Ptolemy) to facilitate a paperless Office
The Office has also developed a ‘Patent Specification Template Tool’ which will assist applicants (unrepresented by an Agent) to complete and fully understand the requirements of a patent application to be filed. It will produce four fully detailed specification sections to be filed electronically at the Office. These two projects have been commenced simultaneously and are predicted to have a go-live date of late 2018.
Please see entry above in relation to the development of patent information activities.
Statistics: changes in terms of application filings and grants with respect to previous year; trends or areas experiencing rapid changes
The Irish economy continued to grow in 2017, mainly due to very strong domestic activity and a better than expected growth in GDP. The manufacturing sector in particular grew strongly, expanding by 5.1% and the information and communications sector expanded by 5.8%. While Ireland remains one of the fastest growing economies in Europe, risks to the economic outlook are very strongly linked to the outcome of the Brexit negotiations between the UK and the EU.
In recent years, the MedTech or medical devices sector in Ireland has been recognised as one of the key drivers for industrial growth in the future. According to Enterprise Ireland, 17 of the world’s top 25 medical technology companies have invested in Ireland and 60% of Med Tech companies are indigenous SMEs. Ireland is now one of Europe’s medical technology “hotspots”, employing over 25,000 people in over 100 companies.
National full term Patent filings received during 2017 decreased by 8% on 2016 (from 149 to 137) while the number of short term patent applications filed also decreased by 5% on 2016 (from 138 to 131).
The presence of IP intensive firms in the export led, FDI and multinational sectors does mean that first patent filings are unlikely to be Irish National filings. This is because many Irish based foreign owned firms which develop IP in Ireland often have a policy of filing applications to protect those IP rights in foreign markets through their parent company which is headquartered abroad. The decrease in national patent filings does not necessarily reflect the extent to which Irish based firms or inventors are engaged in innovative activity as firms may choose to file via the European route or using the PCT route rather than through the national office.
As at 31 December 2017, there were a total of 1,166 pending applications on hand. Of these, 180 applications were awaiting the submission of evidence of novelty.
The Office granted 87 national patents.
The number of applications received from applicants in the State was 182 compared with 22 in 2016.
The Office acts as a receiving office for European (EP) applications and also for applications filed under the Patent Co-operation Treaty (PCT). The number of EP applications filed in 2017 was 2. The number of PCT applications filed decreased from 23 in 2016 to 15 in 2017.
The number of European patent applications filed with the EPO in 2017 and designating Ireland was 165,629, an increase on the 2016 figure of 159,358.
Other general patent statistics include:
Patents and patent applications the subject of assignments 794
Patents revoked 0
Patents surrendered 1
Patents lapsed 77,528
Patents restored/reinstated 6
Patents renewed 47,837
Patents expired 1240
Patents in force 169453
National applications were filed in the following technical fields in 2017, according to the classes of the International Patent Classification (IPC):
A – Human Necessities – 20.13%;
B – Performing Operations – 20.13%
C – Chemistry – 4.40%
D – Textiles, Paper – 0.63%
E – Fixed Constructions – 22.01%
F – Mechanical Engineering, Lighting, Heating, Weapons, Blasting – 9.43%
G – Physics – 13.84%
H – Electricity – 9.43%
A total of 63 requests for Supplementary Protection Certificates were received during the year under the European Communities (Supplementary Protection Certificates) Regulations, 1992 (medicinal) and 1996 (plant protection products). During the year, 74 certificates were granted (medicinal and plant protection), 10 were rejected and 11 requests were withdrawn. At the end of the year there were 175 requests pending.
Other matters and useful links (URLs): annual report of the Office, news page, statistics, etc.
Our website offers a current news page, and news archive, which can be found at: https://www.patentsoffice.ie/en/News
Statistics related to patents at the Intellectual Property Office can be accessed through the annual reports, annual reviews and facts and figures at:https://www.patentsoffice.ie/en/Publications/Annual-Reports
Information on filing, including a patent application guide and other materials for users, is available from the following web page: https://www.patentsoffice.ie/en/Patents/How-to-Apply
Information regarding the patent procedure, including post examination and post grant, can be found at: https://www.patentsoffice.ie/en/Publications/Information-Booklets
Information regarding dispute resolution, including hearings relating to patents and SPCs can be found at: https://www.patentsoffice.ie/en/Publications/Written-Grounds
A link to the IE patent journal can be found at: https://www.patentsoffice.ie/en/Publications/Download-a-Journal
A link to electronic searchable patent journals (from 2002 onwards) can be found at:https://webjournal.patentsoffice.ie
Information regarding the current patent legislation (Act and Rules) is available from: https://www.patentsoffice.ie/en/Legislation
Information regarding fees, payments and our online fee payments module are available at: https://www.patentsoffice.ie/en/Payments/Fees
https://www.patentsoffice.ie/en/Payments
https://epayment.patentsoffice.ie
Other business practices and procedures are covered by web pages accessible from the main patents page: https://www.patentsoffice.ie/en/Patents
Information regarding protection of patents outside the IE jurisdiction is available at: https://www.patentsoffice.ie/en/Patents/Protection-Abroad
The Irish national patent register may be searched by application or grant number at:https://eregister.patentsoffice.ie/PTRegNr.aspx
The Irish national patent register may also be searched over several fields such as: title/abstract; application, grant or priority number; application date range; grant date range; legal status; IPC; inventor name; applicant name; etc. at:https://eregister.patentsoffice.ie/query/PTQuery.aspx
A link to the EPO search facility Espacenet, the EP Patent Register and WIPO Patentscope database is provided from: https://www.patentsoffice.ie/en/Patents/Patent-Searching
II. SERVICES AND ACTIVITIES RELATED TO PATENT INFORMATION CARRIED OUT BY THE OFFICE
Information on filing, including a step-by-step patent application guide and other materials for users, is available from the following web page: https://www.patentsoffice.ie/en/Patents/How-to-Apply
Information regarding the patent procedure, including post examination and post grant, can be found at: https://www.patentsoffice.ie/en/Publications/Information-Booklets
The newly developed ‘Patent Specification Template Tool’ (which guides users through the formulation of a patent specification) is expected to go live in late 2018.
Availability of the application dossier in electronic form
The Irish national patent register may be searched by application or grant number at: https://eregister.patentsoffice.ie/PTRegNr.aspx
The Irish national patent register may also be searched over several fields such as: title/abstract; application, grant or priority number; application date range; grant date range; legal status; IPC; inventor name; applicant name; etc.:https://eregister.patentsoffice.ie/query/PTQuery.aspx
Classification1, preclassification2 (if applicable), reclassification3 activities; classification systems used (e.g., International Patent Classification (IPC)); matters concerning indexing of patent information
All patent applications are classified, to main group level, according to the latest edition of the IPC 2017.01. The Office applies the latest edition of the IPC to all its published documents. No indexing schemes are used in the Office.
Reclassification is done on an application-by-application basis by the examiners.
Abstracting, reviewing, and translation of the information contained in patent documents
All abstracts are submitted in English by applicants and are checked and modified, if necessary, by the patent examiners.
None to report.
III. SOURCES OF PATENT INFORMATION PROVIDED BY THE OFFICE
(1) Published Patent Applications and Granted Patent Documents
These are prepared in-house in a 2 week publication cycle using our PTOLEMY software system for front page bibliographic data. The PDF document is then scanned and loaded onto the office’s back server (for Ptolemy) and publication server (for website) using our “Document Import Tool”.
The Irish Patent Office no longer publishes applications or granted documents in paper format; the official publication means being electronic.
The PDF documents are then transferred via Secure File Transfer Protocol (SFTP) to the EPO. This is done on a weekly basis and currently includes a separate ST.36 XML file for the bibliographical and full text abstract data.
(2) Patents Office Journal.
Up until 2009 the official notices and selected bibliographic data relating to IE patent applications and granted patents were published every two weeks in hard copy. After this date the journal was placed on the website in PDF and HTML format.
From 2012 the Patents Office Journal became searchable online with full patent document retrieval, and links to Espacenet for EP designating Ireland documents. The HTML version was also modified to allow full bibliographic data access and document retrieval.
(3) ESPACENET, EPOQUE etc.
The full text, drawings and bibliographic data of all newly published Irish patent applications and granted patents is published on the EPOQUE and Espacenet system soon after the given publication date.
(4) Annual Report
A report, providing information on statistics, IP application trends, office activities, office projects, training, patent information dissemination, etc. is published on a yearly basis. It is provided both in hard copy and electronically on our website.
Official notices and bibliographic data relating to IE patent applications, published patents, granted patents, withdrawn/refused patents, etc. are published every two weeks in Patents Office Journal. It also contains information regarding EP applications designating Ireland.
Mass production of paper copies of the journal ceased in 2009, but a small number of hard copies are produced, in house, for distribution to our National Library, university libraries and the British Library. The journal is now made available, at no cost, on the Patent office website. The journal is searchable and may be downloaded in PDF or HTML formats.
The journal section on the website also includes a back-file of previous journals from 27 November 2002, which are also searchable and downloadable. The Patents Office Journal and archived journals may be accessed from: https://webjournal.patentsoffice.ie/default.aspx
Important and current information relating to patents and other IP is made available on the news section of our website at: https://www.patentsoffice.ie/en/News/Current-News
The examiners have access to a complete catalogue of Irish national patents reaching as far back as 1927. Full document retrieval is made possible through our Patent Database search system. External databases such as Espacenet, Epoquenet and Patentscope are accessed to retrieve relevant patent information also.
Examiners also use national patent office organisations websites for information regarding priority, family members, etc.
A collection of patent application and grant documents is physically located at our office, in Kilkenny, Ireland. These documents are also available on the website.
Copies of information booklets; other national office annual reports; IP legislation; previous copies of the IPC; guides to IP Law; patent case law reports; scientific journals and magazines, etc. are stored in our main information centre.
Our office is open to the public five days a week, where users can file applications, perform searches on our National Patent database, Espacenet, and/or Patentscope, peruse available booklets/journals or avail of an IP clinic with an examiner for pre-filing advice.
All of these services are provided free of charge.
Legal status information (kind of information, coverage, medium, etc.)
Legal status information is contained in the Irish national patent online bibliographic data page and may be searched in our patent database search at:https://www.patentsoffice.ie/en/Patents/Patent-Searching Legal status is now also available on the Federated Register.
This data is complete for all Irish national applications and granted patents in force.
Nothing to report.
IV. ICT SUPPORT TO SERVICES AND ACTIVITIES RELATED TO PATENT INFORMATION CARRIED OUT BY THE OFFICE
The Irish Patent Office provides an integrated and extensive network of applications that are available to all staff, via Microsoft Windows 10. Word processing can be carried out using Word 2010. All other MS Office applications, including PowerPoint, Publisher and Excel are available.
EpoqueNet, Espacenet and Patentscope are available to all examiners.
Our Office administration software system (PTOLEMY) is used in conjunction with a SQL database for recording file movement, incoming and outgoing correspondence, fee payments, examination reports, etc. Production of office statistics is done with our TABLEAU statistics software. Patstat is also available to staff.
The Office ‘workspace’, hosted on Lotus Notes, contains a very large collection of essential information for staff, including: procedure manuals for particular administrative sections; PTOLEMY development and evolution requests; FAQs; etc.
All staff have access to the Internet and to the Office Intranet. They have their own e-mail (via Outlook 2016) and official e-mail address (firstname.secondname@patentsoffice.ie).
Remote access to the full range of required tools and software is possible for the staff using Citrix remote access software.
Hardware used to supporting business processes of the Office
Our office network uses TCP/IP. Staff can access this through their Windows 10 desktops. The workstations are HP G3 ProDesktop-PCs using Intel i5 Quad Core processors running Windows 10 (64 bit), with HP EliteDisplay 232 monitors.
Ptolemy Application Server: POWEREDGE R710: 2 INTEL XEON E5506 PROCESSORS (QUAD core): 8GB of RAM
Ptolemy Database Server: POWEREDGE R710: 1 INTEL XEON E5506 PROCESSORS (QUAD core): 12GB of RAM
A daily back up is performed to a central server offsite.
Internal databases: coverage, updates, interlinks with external sources
All bibliographic data (Patent applications, SPC applications, granted patents, granted SPCs) is stored in the patent database (PTOLEMY).
All patent documents (published patent applications, granted patents) are stored both in a back server (for integration into the PTOLEMY software system) and a web publication server (for display on the patents office website). These servers are accessed by different software tools (our Document Import Tool/PTOLEMY and our Patent Database Search system).
The SPC Database Search, available on our website, provides information on all published SPC information via the bibliographic data, product type and product identity.
Because of the small number of patent examiners, the Office does not carry out its own searches and does not maintain a search file. The searching of Irish national applications is carried out by the UKIPO.
See entry in relation to internal databases.
Nothing to report.
V. PROMOTION ACTIVITIES AIMED TO SUPPORT USERS IN ACCESS AND EFFICIENT USE OF PATENT INFORMATION
Our information Centre deals with the maintenance of IP relevant material and collections. Co-operation with the EPO, WIPO and other national offices is ongoing to maintain up-to-date catalogues and legislation.
The staff deal with calls and emails from members of the public regarding general IP issues. Presentations and Information days are co-ordinated by these staff on demand and through collaboration with Enterprise Ireland, Irish universities, local enterprise boards, etc.
The Information Centre has telephone access to selected examiners in the office should help be needed on specific queries.
IP Clinics (one-to-one sessions with a patent examiner for pre-filing advice) are managed by the Information Centre staff. Pre-filing interventions are carried out by examiners for non represented applicants who do not fully understand the requirements of the Patents Act and Rules.
A collection of patent application and grant documents is physically located at our office, in Kilkenny, Ireland. These documents are also available on the website.
Our website contains a “Student Zone” which approaches the issue of IP in an easy to understand and entertaining way. This section contains a brief history of Patents, fun facts, Irish inventors, links to IP information in comic book format, etc.
A dedicated 'IP for Business' section is available on our website. This includes links to supports for SMEs and IP advice for doing business abroad.
Copies of information booklets, other national office annual reports, IP legislation, previous copies of the IPC; guides to IP Law, scientific journals and magazines, etc. are stored in our main information centre. Selections of these are available on our website.
Patent specific publications held include: European Patent Handbooks; Copies of the EPC, PCT, Paris Convention; Case Law decisions; Law Reports; CIPA guides, IP related publications (“Irish innovators in science”, “Ingenious women”, “British patents of invention”) etc.
Our office is open to the public five days a week, where users can file applications, perform searches on our patents database, Espacenet, and/or Patentscope, peruse available booklets/journals or avail of an IP clinic with an examiner for pre-filing advice.
All of these services are provided free of charge.
Nothing to report.
Cooperation with universities, research centers, technology and innovation support centers, etc.
During 2017, the Office participated in some 60 events speaking on IP at “Start your own business” courses run by the County Enterprise Boards (now Local Enterprise Offices) and either had a presence or provided a talk at various business advice and enterprise exhibitions and shows throughout the country.
Talks are provided, upon request, to universities and colleges, usually in conjunction with their Technology Transfer Offices.
Education and training: training courses, e-learning modules (URLs), seminars, exhibitions, etc.
The Office engaged in IP awareness raising activities at various business advice and enterprise exhibitions throughout the country, including the All Ireland SME Summit, the National Ploughing Championships and at the Medical Technology Ireland event in Galway.
Additionally, the Office co-hosted an IP seminar with Enterprise Ireland in Dublin as well as taking part in the National Research & Innovation Expo and various events including the Business Support Showcase during Enterprise Week.
The Office also held 47 IP clinics in 2017, which give an opportunity to the public, inventors, entrepreneurs and business people to discuss on a one -to-one basis with Patents Office staff, matters concerning IP applications they intend to make or have already made to the Office. This approach has been found to be very helpful in providing basic guidance on procedures and forms required for the registration of IP rights, the processes of obtaining IP protection in Ireland or abroad. Assistance in constructing a do-it-yourself search strategy for patents and accessing and using online patent databases is also provided.
A significant part of the Office’s IP awareness raising efforts is directed at second level students through involvement with the annual BT Young Scientist & Technology Exhibition, wherein the Office continues its sponsorship of an award to the student whose project best demonstrated the use of technology in new or improved applications, enhanced efficiencies and novel innovations.
The Office also participates in ‘The Student Enterprise Awards’ run by the Local Enterprise Boards is the biggest enterprise competition for second level students in Ireland with some 16,000 potential participants. The National Finals took place in April 2017. The competition provides an excellent vehicle for the Office to engage with second level student entrepreneurs to reflect an awareness of IP when developing a business idea and establishing and running a successful enterprise. The SEA workbook has now incorporated a new chapter specifically relating to Intellectual Property, thus reinforcing awareness of IP amongst second level students.
Nothing to report.
VI. INTERNATIONAL COOPERATION ACTIVITIES IN THE FIELD OF PATENT INFORMATION
The Office supplies national bibliographic data and full pdf specifications in electronic format to the EPO for loading onto their EPOQUE database and for Espacenet.
The Office also provides and receives electronic renewal fee and legal status information for EP granted patents designating Ireland from the EPO.
Copies of all published Irish patent applications are sent to the United Kingdom Patents Office which maintains a comprehensive collection of Irish documents for search purposes.
Participation in international or regional activities and projects related to patent information
Patents Office staff represent Ireland on the Administrative Council of the EPO, its various Committees, and several of its technical and liaison committees which deal with various issues concerning intellectual property. Specific meetings attended in relation to patent information were Patlib 2017 (Munich) and the Patent Information Conference (Sofia, Bulgaria). In addition, staff participate in meetings of governing and technical bodies of the World Intellectual Property Organisation (WIPO). Examples of such meetings include: Standing Committee on the Law of Patents, Committee of Experts of the IPC Union and the IPC Revision Working Group.
The EPO/WIPO offer alternative routes to obtaining IP protection and the Office’s involvement with these organisations is aimed at ensuring that Irish interests are appropriately represented. We aim to keep abreast of best practice at an international level and to facilitate collaboration with other national and international industrial property offices.
The Office partakes in cooperation programmes with the EPO under which it receives assistance towards participation in various IP awareness raising events, specialist IP training and ICT projects to facilitate IP data exchange. Our participation also facilitates dialogue on the content and structure of cooperation programmes between those organisations and other national IP Offices. This, in turn, enables the Office to further enhance and develop its customer services in line with best international practice.
Assistance to developing countries
The Irish Office continues to have an informal programme of cooperation with various countries, including a number of developing countries.
Nothing further to report.
VII. OTHER RELATED MATTERS
Nothing further to report.