Coming soon: speedypats?
The first patent application to be trialled under the new fast track will doubtless be applied for by Business Minister Vince Cable himself, says Merpel: it's for a new substance called Business Growth Hormone. Its claims are not insubstantial, though there may be problems with inutility.The government has today published a consultation [which you can enjoy at your leisure via the IPO's accelerated patent page here] on how the service should work, following on from Business Secretary Vince Cable’s announcement last year that the service would be in place in 2013.
Currently it can take a number of years to gain patent protection. This length of time is usually suitable for most patent applicants as it gives applicants time to make important commercial decisions and change their strategy in light of any decisions. However the Intellectual Property Office (IPO) recognises that this timescale may not suit everyone’s needs [ie people who don't need to make important commercial decisions or change their strategy, Merpel surmises].
Intellectual Property Minister Lord Younger said:“Inspiration and inventive thoughts can emerge at any time [the IPKat, who thought they only emerged between normal working hours, is grateful for this profound insight], but acting on them quickly can often be the catalyst for making a real difference to the success or otherwise of an idea. Government is committed to making it easy for innovators to turn their ideas into business growth. I am sure this will help to create a streamlined and flexible patent service and bring more choice for those who use it.”The consultation will seek views on:
- the principles on which such a service could be based [a tricky one, this. The government might favour those principles which most effective discriminate in favour of British SMEs, though that might be a problem to implement ...]
- the conditions that would apply in order to use the superfast service [how about low-tech one-product patents with a single claim and no conceivable prior art within sniffing distance?]
- the details of how such a service should work in practice, including fees [Merpel wonders: is this like paying extra for fast boarding on easyJet? And will fast-track patents mean slower boarding for the rest of us -- or are new examiners going to be trained and recruited]
- the usefulness of existing patent acceleration services [another tricky one here. If the consultation shows that the existing scheme is not particularly useful, that data might indicate both that it should be (i) scrapped or (ii) improved and enhanced].
The IPO already offers free acceleration services which mean a patent can be granted in less than a year. Whilst granting a patent in less than a year is very quick by international patent processing standards, the IPO recognises that sometimes there are circumstances where the applicant would find it useful to obtain a grant even more quickly.
The consultation will run for 8 weeks and concludes on 12 June 2013.
The IPKat is more inclined to find virtue in the proposal, but still wonders about various things. Can we be satisfied that a 90-day patent will be as carefully examined, and as likely to be upheld? Even if the presumption of validity is just as strong for a speedypat, might not competitors feel more strongly tempted to challenge it? And would this facility confer a particular advantage on so-called patent trolls, who would have the opportunity of charging rent at a far earlier time?
Fastest cat here -- not a good omen. It can rapidly get up to speed, but is soon out of puff
The good old days, when you could get a patent in just over six weeks, here
