ADMINISTRATIVE COUNCIL
Reports on meetings of the Administrative Council
Report on the 50th meeting of the Administrative Council of the European Patent Organisation (7 to 10 December 1993)
The Administrative Council of the European Patent Organisation held its 50th meeting in Munich from 7 to 10 December 1993, for the first time under the chairmanship of Mr Per Lund Thoft (DK) who had been elected Council Chairman for a three-year term with effect from 19 October 1993.
Mr Paul Braendli, President of the European Patent Office, presented his report on the Office's activities in the second half of 1993.
The President gave details of the filing figures. The number of filings for 1993 was about 70 500, 3.7% up on plan. Of these, 42 700 were European applications and 27 800 Euro-PCT (4.7% and 2.2% up on plan respectively). Approximately 14 200 Euro-PCT applications entered the regional phase (12.3% down on plan).
Reflecting the above figures, the number of search requests - 84 400 - was 2.3% up on plan. The examination workload (61 800 cases) was slightly (1.7%) down on plan, but requests for preliminary examination under PCT Chapter II totalled around 8 600, that is 11.7% up on plan. The number of oppositions was considerably lower than estimated (-28%), and will probably total some 2 000 for the year. The number of appeals filed with the Technical Boards of Appeal fell from 1 265 to 1 130 (-10.7%). This was the result of fewer refusals by examining and opposition divisions and a big drop in the number of PCT protests.
The targets set in the three fields of search, examination and appeals were all met. The backlog of European searches was largely cleared. In examination, there was a sharp drop in the backlog of first communications, but special action will be required to clear the growing backlog of appeals.
The President announced the launching of a programme known as "LEARNING PROCESS" to promote the systematic introduction of on-line searching in DG 1. This involves analysing the on-line search methods already used by skilled examiners, appointing two experienced examiners in each directorate as co-ordinators for their colleagues, and creating "EPOQUE clubs" in which various search techniques are demonstrated and discussed. The number of searches in which the EPOQUE system was used increased by 13% in 1993 as compared with 1992, and computer time for each search increased by 16%. In other words, the system is being used more intensively.
Turning to the grant and appeal procedures, the President said that further improvements had been made to internal harmonisation and quality control during the reporting period. Quality is also being maintained by arranging staff exchanges between the EPO, professional representatives and patent departments in industry, the aim being to provide additional training. Following a very positive response from everyone concerned, the programme has been expanded considerably, and during the year 40 examiners from DG 1 and 22 from DG 2 worked outside the Office. The scheme is proving an unqualified success, and is also a two-way street: the Office played host to 10 external trainees in 1993.
On the question of patent information policy, the President first referred to the annual EPIDOS users' meeting which was held from 6 to 8 October in Brussels. It was attended by some 300 participants, and for the first time there was also an accompanying public exhibition.
Regarding co-operation on patent information with the national Offices of the Contracting States, it was pointed out that EPOQUE is now operational in nearly all national Offices, and increasing use is being made of the system.
Progress has also been made on the Vienna sub-office's current projects: the development of CD-ROMs for national collections of patent documentation has continued. The on-line version of the Register of European Patents has been greatly improved, and with easier access the number of users has quadrupled. The Office's efforts to make savings on its paper A and B publications have also been successful: the campaign "SWAP - CD-ROM instead of paper" which was started in 1992 is expected to bring savings of about DEM 3.5 million in 1993. And following approval of a pricing policy for EPO patent information products, contracts have been signed with STN, Dialog and Infopro for the distribution of EPO data.
Turning to legal and international affairs, the President first gave a report on a seminar held in Lisbon on 18/19 November and staged jointly by the Portuguese and European Patent Offices. Its principal aim was to enhance Portuguese industry's awareness of the European patent system and patent information.
Regarding contacts with the European Union in Brussels, the President said that since its official inauguration at the end of April, the EPO Liaison Bureau so far seems to have been a great success. The Bureau has already forged promising links with the Commission, especially Directorates-General I, XII, XIII, XV and XXIII, as well as the Council and the European Parliament, and is constantly widening its circle of contacts.
The co-operation agreement with Slovenia and the supplementary accord on the extension of European patents which the Council approved at its Paris meeting were signed in Ljubljana on 2 July 1993. The extension agreement is scheduled to enter into force on 1 March 1994. By then Slovenia will have adopted its implementing regulations and completed the administrative preparations.
The President also reported on co-operation between the EPO and China. At the invitation of the Director-General of the Chinese Patent Office, Mr Gao Lulin, an official visit was paid to China from 23 to 27 July 1993. The aim of the visit was to re-establish the contacts initiated by the 1985 working agreement. It also provided an opportunity to exchange views on China's new patent legislation and revive the programme of training and technical assistance in collaboration with the European Union.
In September, the European Patent Organisation was invited with WIPO to a meeting in Uzhgorod of an intergovernmental committee of countries of the former USSR which is drafting an agreement on the joint granting of patents. The committee's chairman, Mr Petrov, has since sent the Office a copy of the "Uzhgorod draft for a Eurasian Patent Convention". During the meeting the Office had talks with European Union officials about running a patents programme as part of the TACIS project (Russia, Belarus, Ukraine, Kazakhstan).
The Council approved the 1992 accounts and, having discussed the auditors' report and heard the opinion of the Budget and Finance Committee, discharged the President for the 1992 budget. The Council then adopted the 1994 budget with income and expenditure balanced at DEM 1 082 million. It also approved the table of posts envisaging a staff complement of 3 840.
The Council was informed of the outcome of the 11th Annual EPO/JPO/USPTO Trilateral Conference held in Munich on 25/26 October 1993 with a view to harmonising policies on dissemination of patent information and the practices followed in the patent grant procedures.
At the President's request, the Council authorised him to conclude with the Republics of Lithuania and Latvia co-operation agreements and agreements extending the effects of European patents along the lines of the agreements already concluded with the Republic of Slovenia.
At the President's instigation, the Council approved a proposal to amend the Regulation on the European qualifying examination for professional representative before the EPO (see decision reproduced on pages 7 et seq. below). It also approved proposals to amend Rule 102(1) EPC (see decision reproduced on page 18 below) and reduce by 20% the fee for a supplementary European search report where the international search report has been drawn up by the Chinese Patent Office (see decision reproduced on page 6 below).
The Council also approved a number of contracts (special provisions for production of CD-ROMs using mixed-mode software, despatch of EPO patent applications and specifications, production and despatch of the European Patent Bulletin).
The Council noted the progress report on the BEST project and the update of the automation plan. It gave the necessary authorisations for the plan to be implemented.
At the President's proposal, the Council decided to appoint and reappoint certain members of the Enlarged Board of Appeal and the Boards of Appeal. It also appointed and reappointed certain members of the Research Fund Advisory Board.