Among its many notable accomplishments, FICPI has been and continues to be:
- The only organisation to bring an international perspective to the U.S. Supreme Court and the Court of Appeals for the Federal Circuit (CAFC) on standards for file history estoppel, the proper definition of the scope of invention, the protection of software, the requirement of written description, the broad application of prior art and the proper scope and reach of one country’s patents into a foreign jurisdiction.
- A successful filer of amicus briefs with the EPO’s Enlarged Board of Appeal, dealing with such topics as disclaimers, diagnostic and surgical methods, divisional applications, “essentially biological” processes, dosage regimens and the patentability of computer software. Decisions of the EBA expressly mention these amicus briefs, and the EBA has followed FICPI’s position on basic questions of importance for our clients and for us, such as the correction of priority declarations, the requirement for claiming priority of the “same invention” and disclaimers.
- Instrumental in WIPO’s Standing Committee on the Law of Trademarks, Industrial Designs and Geographical Indications (SCT) in ensuring that the rights of trade mark owners are protected in cyberspace. FICPI has also presented a list of “key design issues” that formed the basis for discussion at the SCT on the protection of designs internationally.
- The early voice of IP interests within ICANN, the body governing all domain name related issues on the Internet. FICPI played an important role in the foundation of the intellectual property constituency (IPC) of ICANN and continues to be influential in that arena.