FICPI WORLD CONGRESS
Berlin, 2 - 6 June 2003

FULL WORKING PROGRAMME

FICPI's theme for its world congress is: "FUTURE IN DIALOGUE".

Our aim is to provide information on current proposals for change, endeavour to stimulate thoughts about how this change will impact on the business of a Patent Attorney and finally we hope to obtain from our members ideas and direction on FICPI's role in this process of change.

Descriptions of the planned sessions together with the moderators and speakers are given below. Further congress details can be found on the website dedicated to the World Congress: www.ficpi2003.de

MONDAY, 2 June 2003
14:00-16:00 SEMINAR - Changes in USPTO practice
There have been important recent changes in USPTO patent practice. These affect the way you handle cases in the US and elsewhere.


Moderator: Ray Stewart, US, Vice President, CET
Speakers: Willem Schuurman, US
Hon. Paul R Michel, Circuit Judge, Court of Appeals for the Federal District (CAFC), US
Maxim Waldbaum, US, Chair CET Group 6
Dr Axel von Hellfeld, DE
16:15-16:45 DISCUSSION - Introduction to FICPI
An informal introduction to the work and organisation of FICPI - especially designed for those attending a FICPI function for the first time.

  • Dr Dieter Laufhütte, (DE) Delegate of the Patentanwaltskammer
  • David Griffith, (AU), President of Contact Commission, FICPI
16:45-17:00 Introduction to the CET
An introduction of the CET, the work undertaken by FICPI under its several groups and the role of the EUCOF and TASC Commissions.

  • David Bannerman, (GB), President of the CET

TUESDAY, 3 June 2003
09:00-09:15 Opening of Congress
  • Representative of the German Government
  • Prof. Dr. Uwe Dreiss, President of the Patentanwaltskammer
  • Malcolm Royal, President of FICPI
09:15-10:15 The WIPO Patent Agenda
The Director-General has challenged all involved in the IP systems around the world to respond to his initiative aimed at devising a strategic blueprint for the future evolution of the international patent system that is more effective and just, balancing the interests of both inventors and the general public, being more user-friendly and accessible. The Director-General's comments imply that the current system is neither balanced nor just. He called for wide ranging reform - fundamental change. FICPI and others responded as requested. Much of the response seems to be conservative and little change would result if some suggestions were followed. What was behind the initiative? What was the response? Is there a likelihood of change beyond the existing or proposed Treaties? Would the adoption of any of these proposals be so radical as to render the Patent System and therefore the patent attorney obsolete? The panel will discuss these issues.

Moderator: Francis Ahner, (FR), Vice President of FICPI
Speakers: Francis Gurry, Assistant Director General, WIPO
José Luis Arnaut, Minister of State to the Prime Minister of Portugal
Julian Crump, GB, Reporter CET Group 3
Dr François Curchod, CH, Professor at the University of Robert Schuman and CEIPI, Strasbourg
10:15-10:45 Coffee Break
10:45-12:00 Patent Harmonisation and SPLaT; PCT Reform and Unilateral Activities at the Major Patent Offices
With the successful conclusion of the Patent Law Treaty (PLT), attention of the Standing Committee on Patents (SCP) has concentrated on the terms of a treaty to harmonise the substantive patent law, the SPLaT. The terms being discussed include, for example, the harmonisation of the requirements for the patent specification. Would the adoption of these terms lead to a single filing, examination and granting system and as a consequence remove agency filing work from the patent attorney profession? What should the FICPI response be to these proposals?

Unilateral changes by Patent Offices not only affect the practices of local attorneys but the practices of the profession world wide. What changes have occurred recently? What changes are in the pipeline? To what extent is change reactionary and to what extent is it part of an agenda either unilateral, multinational or trilateral? How do these changes impact on the initiatives of WIPO? The Colloquium organised by FICPI in Rome in 2001 explored some of these issues - what was the outcome? Applicants have become comfortable with the PCT system. It is a finely balanced system. But pendency pressures on patent offices have caused some of them to change the time limits practiced under the PCT, forcing others to follow. What changes have taken place? What is in the pipeline? Do we want preliminary examination? Should there be further processing in the international phase? Top-up search, a desirable feature? What are the acceptable time frames? These and many other issues will be explored.


Moderator: Malcolm Royal, President of FICPI
Speakers: Phil Thomas, Patent Policy Department, WIPO
David Tobin, Canadian Intellectual Property Office (CIPO)
Nicolas Godici, Commissioner of Patetns, US Patent and Trademark Office (USPTO)
12:00-14:00 Lunch
14:00-15:15 Patent Harmonisation and SPLaT; PCT Reform and Unilateral Activities at the Major Patent Offices (continuation)
Moderator: Malcolm Royal, President of FICPI
Speakers: Dr Jürgen Schade, President, German Patent Office
Danny R Huntington, US, Reporter of CET Group 5
Mike Wright, British Patent Office
Jan Modin, SE, Chair CET Group 3
Dr Gerhard Schmitt-Nilson, DE, Special Reporter CET Group 3
15:15-15:45 Coffee Break
15:45-17:00 The Role of the Patent Attorney in the Age of Electronic Filing
Many Patent Offices and WIPO will now receive filings electronically. Our expert team will advise where this can be done and explain what you need to do to file electronically. Is there a standard system? Will this allow some applicants to file applications by-passing local representatives? What does the future hold for agency work in an international community where English is the predominant language and translation is not required?


Moderator: Dr Claus-Michael Mayr, DE, President of DOC Commission, FICPI
Speakers: Phil Thomas, Patent Policy Department, WIPO
Dr Alexander Esslinger, DE, Chair CET Group 7
David Merrylees, BR, Member of CET Group 7

WEDNESDAY, 4 June 2003
09:00-10:00 Right to Practice Across National Borders
There are proposals under the General Agreement on Trade in Services (GATS) and by the European Commission relating to the right to practice across national borders and the mutual recognition of qualifications. What are those proposals? and how will they affect you? What are the objectives of the Commission? Is a European/Global village of Patent Attorneys likely in the future? There is mutual recognition of qualifications between Australia and New Zealand and a right to practice between Canada and the USA. What are the experiences?

Will the profession survive in some countries? Is the likely landscape a lush meadow or an arid desert, possibly a different landscape for different practitioners and for different parts of our practices?

Moderator: Terry Johnson, GB, President of TASC and EUCOF Commissions, FICPI
Speakers: Dr Brett Lunn, AU, Institute of Patent & Trade Mark Attorneys of Australia
Dr Arthur Huygens, NL, Past President of epi
Luis-Alfonso Duran, ES, Member of EUCOF Commission OF FICPI and Reporter General of AIPPI
10:00-10:30 Coffee Break
10:30-12:00 The Future of the Trade Mark and Designs Systems
We have completed the Trademark Law Treaty (TLT) which relates to formalities and now have turned to matters of substance. The community trade mark system has been bedded down. What changes have this made to the way a trade mark client uses the system? What will be the effect of implementation of the treaty both within the European Committee and throughout the world? What will be the effect of the United States entering Madrid? Will patent attorneys retain renewal business?

The EU Regulation or Community Designs entered into force in March 2002 establishing a new European right for industrial designs in Europe. The Office for Harmonisation in the Internal Market (OHIM) opened to receive European design applications as from January 2003. What is the experience so far? How does the Community design develop with the initial response to the Community trade mark? What is the position globally? These matters were considered by the FICPI Designs Symposium held in Rome in November 2001. What was the outcome? How will changes impact on the practice of a Patent Attorney?

Moderator: Helmut Sonn, AT, President of Honour of FICPI
Speakers: Dr Alexander von Mühlendahl, Vice-President of OHIM
Andrew Parkes, IE, Chair CET Group 1
Dr Martin Schlötelburg, Design Department, OHIM
Robert Mitchell, CA, Chair CET Group 2
Shozo Uemura, Deputy Director General, WIPO
12:00-14:00 Lunch
14:00-15:15 The Involvement of the Patent Attorney in Litigation
There is a trend for attorneys to become involved in litigation processes. In some countries, attorneys are qualified as legal practitioners. In others, attorneys have the right of representation in some but not all circumstances but seem to use that right with caution). In still others countries, patent attorneys do not have a right of representation but associate the firm with one or more legal practitioners o that the practice can offer a litigation service.

With the European Court System in place, what should the Patent Attorney firm do to provide a full service to the client? What of privilege issues? Should mediation be favoured as an alternative to litigation? What are the pitfalls?

Moderator: Maxim Waldbaum, US, Chair CET Group 6
Speakers: Walter Holzer, AT, President of epi
His Honour Judge Michael Fysh QC, GB, The Patent County Court, London
Kazuaki Takami, JP, Vice President of the CET
15:15-15:45 Coffee Break
15:45-17:00 Taking Advantage of the Changes
You have heard about the changes that will affect your business. How do you take advantage of this and avoid the disadvantages?

More and more professionals including Patent Attorneys must run their practices in a business-like manner. If not, the competitor will quickly run ahead with a better image, presentation and at least perception of better services. A marketing plan is an important part of practice development.

What is a marketing plan? How do you create one? Who should be involved in developing it? Is it necessary to engage a professional? Is the objective to secure additional work at all? Or do we want to stay the same size? If additional work is required, do we want:
  • additional work from existing clients
  • clients not currently using an attorney
  • clients now using another firm
  • expanding the range of services provided
Moderator: John R S Orange, (CA), President of Public Relations, Committee, Marketing, Training & Education Commission and Convenor of the Advisory Council of FICPI.
Speakers: Jeanette Hanna, US
Betty Alexander, US
Ann Gallery, US

THURSDAY, 5 June 2003
FREE DAY / EXCURSIONS

FRIDAY, 6 June 2003
09:00-10:15 Future Developments of the European Patent System
Some amendments of the EPC have been agreed. There are proposals for further changes and also for the introduction of a Community Patent. What are the latest positions on these and in particular on the language issue and the litigation of European patents? What is the status of a European Patent Litigation Agreement (EPLA)? Which of these initiatives are likely to lead to material changes? How will they impact on you the practising Patent Attorney?

Moderator: Jean-Jacques Joly, FR, Secretary General, FICPI
Speakers: Dr Ingo Kober, President of the European Patent Office, EPO
Dr Enrique Armijo, ES, Delegate of the Spanish FICPI Section
Dr Dieter Laufhütte, DE, Delegate of the Patentanwaltskammer
10:15-10:45 Coffee Break
10:45-11:00 Summing Up: Mr Malcolm Royal, President of FICPI
11:00-12:00 Congress Resolutions
Moderator: Francis Ahner, (FR), Vice President of FICPI
Speakers: Moderators of sessions producing resolutions
12:00-12:10 Closure of Congress: Malcolm Royal, President of FICPI
 
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