Group B+ work on substantive patent law harmonization

The Canadian Intellectual Property Office (CIPO) is a member of the Group B+, as part of our mission to help business compete globally through international cooperation and the promotion of Canada's IP interests.

What is the Group B+?

The Group B+ is a framework of developed countries comprising the IP offices from 46 countries and 2 organizations established in 2005 (see Members below). Its objective is to promote and facilitate progress on key issues under consideration at the World Intellectual Property Organization (WIPO). Currently, its primary focus is substantive patent law harmonization (SPLH) and attorney client privilege.

Members

The Group B+ is chaired by Mr. Pascal Faure, Director General of the National Institute of Industrial Property (INPI). Its members include Australia, Canada, Denmark, Germany, Japan, South Korea, Spain, Sweden, the United States, the United Kingdom, European Union member countries, the European Patent Commission (EPC) member countries, the European Patent Office (EPO), the European Commission, and South Korea.

Background

WIPO has been host to patent law harmonization talks for over 35 years. Meetings were held at WIPO between 1985 and 1991 in an effort to develop a SPLH treaty. In the 1990s, harmonization efforts turned to patent administrative issues and led, in 2000, to the adoption of the Patent Law Treaty (PLT).

In November 2000, the WIPO Standing Committee on the Law of Patents (SCP) resumed work on the concept of a SPLH treaty. To promote and facilitate progress on key issues under consideration at the SCP, the Group B+ was established. These discussions led to the creation of a Group B+ Sub-Group in 2014 to further advance work on select topics.

In June 2015, the Group B+ sub-group published a paper setting out objectives and principles guiding the harmonization of substantive patent law (the Objectives and Principles Paper). CIPO published and consulted on the same paper between January 19 and March 23, 2016.

At the plenary meeting in the fall of 2015, four workstreams within the Group B+ Sub-Group were established to explore:

  • non-prejudicial disclosures/grace period (including relationship with third party rights);
  • conflicting applications;
  • prior user rights issues (outside of the grace period); and
  • options for implementation.

In May 2016 each workstream produced a report outlining their findings. The workstream reports are available on the EPO Group B+ Page linked below.

In 2017, the B+ Sub-Group held a User's Symposium on SPLH in Munich to advance discussions with industry and stakeholders. At that symposium Industry Trilateral (IT3), a group comprised of industry and IP representatives from the US, European Union and Japan, presented a draft industry lead position paper entitled "Policy and Elements for a Possible Substantive Patent Harmonization Package" [the Elements Paper (PDF)] which prompted the development of a B+ Sub-Group response paper. Other stakeholders present at the symposium, including FICPI and AIPPI, provided their views on the IT3 paper and SPLH. Industry delegations from Australia (having liaised with colleagues in New Zealand), Canada and Korea were invited to prepare presentations outlining their reactions to the IT3 proposals

The following year the International Federation of Intellectual Property Attorneys (FICPI) was invited to present their "Position on Patent Law Harmonization (Group B+) (PDF)" paper to the B+ sub-group. Later in 2019, the B+ Sub-Group held a joint session with IT3 to discuss updates to the Elements Paper and IT3's response to the FICPI position paper.

In 2021, the 2020 version of the IT3 Elements paper became publicly available allowing for domestic stakeholder consultations on SPLH issues.

In the summer of 2022, Group B+ members, including Canada, conducted consultations with their respective domestic stakeholders on various SPLH issues. Canadian views were sought on three separate proposals from industry and professional associations: the IT3 2020 Elements Paper (PDF); the 2018 FICPI Position Paper on Patent Law Harmonization (PDF); and three Resolution papers from the International Association for the Protection of Intellectual Property (AIPPI) on Grace Period; Conflicting Applications; and, Prior Use Rights.

Independent consultations outside the Group B+

In early 2022 the JPO published the results of a international study on grace period, that solicited views of universities, small and medium-sized enterprises (SMEs), and start-ups. As part of that study CIPO held a consultation that ran from to to solicit feedback from Canadians in the target audience.

In 2022 the EPO published the findings of a survey they conducted in late 2021 with regard to the novelty requirement under the European Patent Convention and the lack of a grace period in the European patent system.

Next steps

SPLH continues to be a standing agenda item for the Group B+. The Group B+ Sub-Group is focused on the following SLPH issues: non-prejudicial disclosures / grace period, conflicting applications, and prior user rights. The Sub-Group continues to meet and discuss these issues, including the consideration of viewpoints raised by industry stakeholders.

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