The Summary of the 2^nd Tegernsee Heads Meeting

1.Schedule

April 20, 2012 (Friday)

2.Place

Spitzingsee (Near Munich, Germany)

3.Attendees

• Japan Patent Office (JPO): Commissioner Mr. Yoshiyuki Iwai, and other officials
• Danish Patent and Trademark Office (DKPTO): Mr. Jesper Kongstad, Director General, and other officials
• German Patent and Trade Mark Office (DPMA): Mr. Christoph Ernst, Ministerialdirigent, Ministry of Justice, and other officials
• National Industrial Property Institute (INPI): Mr. Yves Lapierre, General Director, and other officials
• United Kingdom Intellectual Property Office (UKIPO): Mr. John Alty, Chief Executive and Comptroller General, and other officials
• United States Patent and Trademark Office (USPTO): Mr. David Kappos, Director, and other officials
• European Patent Office (EPO): Mr. Benoît Battistelli, President, and others

4.Outcome

The outcome of the comparative analysis on substantive patent laws applied in each jurisdiction, which was carried out by the Tegernsee Experts Group, was approved by the Heads of Offices at this meeting.

Concurrently, it was agreed that the Tegernsee Experts Group: (1) will carry out a comparative analysis study on the degree of harmonization that already exists regarding the key issues, based on the result of the comparative analysis of substantive patent laws; and that concurrently the Group (2) will conduct a detailed analysis on the four key issues (“grace period”, “prior art effect of secret prior art,”, “18-month publication” and “prior user rights”). It was also agree that the next meeting will be called this autumn, during which the Tegernsee Expert Group will report on the status of their work.

After the U.S. patent law, the America Invents Act was enacted last year, momentum has been gathering towards patent harmonization. Under such circumstances, it can be said that the agreement, which was reached among the Head of offices regarding concrete efforts towards a harmonized patent system, had a significant meaning in enhancing the heightened momentum even further.

Moreover, the fact that an agreement could be reached concerning issues in which there are considerable differences in the systems and operations among countries/regions, such as the “grace period”, is an embodiment of the positive attitude among the participating patent offices towards a harmonized patent system.

To enable Japanese companies to obtain intellectual property rights overseas smoothly for their inventions that have been granted patent rights in Japan, and to create a framework in which they can expand their businesses internationally and conduct research and development feeling reassured, the JPO will continue to promote efforts to achieve patent system harmonization by participating in harmonization talks at various international discussions such as the Tegernsee Meetings.

(Reference)

Tegernsee Heads Meeting Ⅱ Statement (PDF:72KB)

[Last updated 3 October 2014]

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