March 16, 2009
Black Kettle, Says Pot
The patent office is barking about its brethren offices worldwide. John Doll, acting alpha dog, announced that "the USPTO has noticed a significant number of international applications filed in the United States Receiving Office (RO/US) under the Patent Cooperation Treaty (PCT) where the applicant has chosen an International Searching Authority (ISA) which is not competent for the subject matter of the claimed invention" ... not to mention the countless US applications received where applicant didn't even have a choice.
From the PTO announcement:
Applicants are reminded that certain ISAs have limited their competency for applications filed with the RO/US. Specifically, the European Patent Office (EPO) will not act as an ISA/IPEA for applications with one or more claims to a business method (see PCT Applicant's Guide, Annexes D(EP), E(EP), PCT Gazette No. 07/2005, page 4432 and No. 38/2006, page 19070). Further, the Australian Patent Office (IP Australia) has declared that it is not competent for applications with one or more claims drawn to subject matter set forth in Annex A of the Arrangement between IP Australia and the United States Patent and Trademark Office (see 1337 Off. Gaz. Pat. Office 261 and 265). To avoid significant processing delays, applicants filing international applications naming either the EPO or IP Australia as the ISA should take care to ensure that the application does not contain any claims for which the selected ISA is not competent.
Posted by Mr. Platinum at March 16, 2009 12:26 PM | Prosecution
Well, at least Americans can get an ISR on business method claims. How is European industry supposed to get an ISR on business method subject matter? But, on second thoughts, I guess it doesn't really matter, given that the USA is the only jurisdiction that hands out 20 year patent monopoly on non-technical, business model, financial engineering sort of stuff. I say, let those interested in patenting such matter procure their search reports from the only PTO competent to issue such reports, namely the USPTO.
Posted by: MaxDrei at March 17, 2009 5:20 AM