A Policy Analysis of TIPO's Efforts to Reduce the Patent Backlog
Date Issued
2015
Date
2015
Author(s)
Wu, Shin-Ling
Abstract
The patent applictions increased worldwide rapidly in recent yesra and therefore led to the result that the patent authorities in many counries migh mot promptly complete their examination and pending cases growed dramatically. The growing backlogs of patnets awaiting processing, while applicants face increased waiting imes to receive a patent. TIPO, the patent authority in Taiwan, also encountered the same problem. The number of pending application reached the peak of more than 160,000 in 2011, and the average pendency is approximately 45.9 months form the date of filing the request for examination, which means it takes longer time than the life circle of hi-tech product to finish the application procedure. In other works, a produc’s market life circle may end before its patent application and such problems hurts many Taiwanese industries’ compaeness which require immediate solution. By means of literature review, comparative analysis and interviews, this study examine the reasons resulting in the growth of patent backlog and the difficulties arising in the patent examination sysem. An analysis of the procedures of patent examination in US, European Union, Japan, Korea and China, to figure out their administrative measures in respects of workload and process or organizational changes to reduce backlogs. The study also conducted a series of interviews wih taiwan’s industries, scholarships and governmental institutions to explore the expectations for the efficiency og patent examination and the patent system. Finally, the study discuss the applicable measures to reduce the patent backlog in respects of process re-engineering, business re-engineering and non-departmental public body. In order to expedite the processing of patent applications, TIPO in 2010 submitted the Patent Backlog Reduction Project which adopted specific measures, such as to hire more examiners, establish the Patent Search Center and employ alternative military draftees with R&D background to assist with prior art search. TIPO are now looking to a decline in the number of to 76,845 cases by the end of 2015, and the average time for conclusion being shortened to 26 months. However, for further perspective, the study provides three suggestions. Firstly, TIPO should collect the patent fee as his own buget inorder to to improve the quality of patent examination. Secondly, TIPO may provide more flexibility for applicans to choice accelerating or pending their case. He may also saking applicns take a search of the piror art berfore they submit an examination request. Finally, TIPO should countine to enhance bilateral cooperation on patent examination and promoto Taiwan’s innovation to the world.
Subjects
patent backlog
process re-engineering
business re-engineering
non-departmental public body
Type
thesis
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