A free public seminar in Melbourne, presented by the Intellectual Property Research Institute (IPRIA) in association with the Institute of Patent and Trade Mark Attorneys of Australia (IPTA) and IP Australia. Recorded by IPTA.
To date, the patent examination procedures of the patent offices have been a “black box” to those who do not engage with them on a daily basis. Our work opens up this box by comparing the claims of patents granted by the USPTO, the EPO and IP Australia.
As the applications to the three offices were identical, our research demonstrates the extent to which ostensibly similar tests for patentability applied by the three offices produce notably different results. Despite the TRIPS Agreement underpinning the legal tests, we find that any goal of harmonisation of examination outcomes is still a significant distance away.