ENFORCEMENT
eop_ipec_jointstrategicplan_hi-res
eop_ipec_jointstrategicplan_hi-res
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Joint Strategic Plan on Intellectual Property Enforcement<br />
Promoting Efficient Patent Systems<br />
Bilateral cooperative agreements between<br />
the USPTO and foreign intellectual property<br />
offices have served as an effective mechanism<br />
for enhancing patent systems through capacity<br />
building, training, and sharing of best practices.<br />
These agreements enable dissemination of technical<br />
knowledge, enhancement of institutional expertise,<br />
and understanding of accepted standards to<br />
promote patent system improvements.<br />
By way of example, the USPTO and the Mexican<br />
Institute of Industrial Property (IMPI) renewed<br />
a Memorandum of Understanding on April 12,<br />
2016, institutionalizing the exchange of technical<br />
expertise for purposes of strengthening each<br />
country’s patent system.<br />
studies that explore each jurisdictions’ laws and the<br />
policies underpinning differing practices.<br />
The USPTO is also exploring other ways to increase<br />
prosecution efficiencies. Together with their IP5<br />
partners, the USPTO has begun working on the possible<br />
alignment of certain office procedures, including<br />
procedures involving unity of invention, citation of prior<br />
art, and written description. Work on these topics is<br />
intended to drive towards convergence on a procedural<br />
level, which will then complement the work that IP5 is<br />
doing on work sharing and other technical matters.<br />
ACTION NO. 4.12: Facilitate capacity<br />
building and technical assistance. USPTO will<br />
continue to engage with counterpart offices on<br />
providing targeted training, technical expertise,<br />
and information sharing to improve the patent<br />
systems in key markets abroad.<br />
SECTION 4<br />
In order to maximize work sharing efficiencies, the<br />
USPTO is working with partner offices around the world<br />
to promote harmonization of key patent issues; namely,<br />
the definition and scope of prior art, the grace period,<br />
and publication of applications. Practically speaking,<br />
the success of work sharing hinges on the ability of<br />
patent examiners to examine applications based on<br />
foreign work products in an efficient and comprehensive<br />
manner. Harmonization of patent examination aspects<br />
of patent law complements work sharing by making the<br />
work product of one office (i.e., search and examination<br />
reports) more reliable for use by another office in<br />
examining a corresponding application. More reliability<br />
instills greater confidence in the quality of the work<br />
product, which, in turn translates to more effective<br />
reuse, in terms of work avoided, by the later examining<br />
office. To advance discussions on substantive patent law<br />
harmonization, a group of like-minded countries known<br />
as Group B+ has been working together to explore how<br />
to best make progress. In 2015, the Group published<br />
an Objectives and Principles Document, which includes<br />
higher level objectives for the patent system and<br />
principles directed to specific issues relevant to patentexamination.<br />
The Group has also issued a number of<br />
ACTION NO. 4.13: Support the Patent<br />
Prosecution Highway (PPH) System. USPTO<br />
will seek new PPH partnerships, as necessary<br />
and appropriate, and will enhance existing PPH<br />
arrangements to promote greater efficiency in the<br />
international patent system.<br />
ACTION NO. 4.14: Continue working to<br />
advance substantive patent law harmonization.<br />
USPTO will continue to work with its<br />
counterpart offices and with stakeholders to<br />
advance discussions on substantive patent law<br />
harmonization to promote more efficient patent<br />
prosecution and more effective work sharing<br />
internationally.<br />
b. Promoting Effective, Transparent, and Predictable<br />
Patent Systems.<br />
The absence of effective, transparent and predictable<br />
patent rights and policies reduce incentives for<br />
robust research and development efforts, undermines<br />
innovation, and hamper job growth prospects. The<br />
U.S. supports and encourages efforts which provide<br />
transparency and predictability with respect to patent<br />
rights and policies, thus preserving the incentives that<br />
ensure access to, and dissemination of, the fruits of<br />
innovation and creativity. This is described further in<br />
USTR’s Special 301 Reports.<br />
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