WIPO sub-regional workshop on the utilization of. examination capacities and increase the quality of. Kuala Lumpur, Malaysia Nov.29 - Dec.

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1 WIPO sub-regional workshop on the utilization of patent examination results to enhance patent examination capacities and increase the quality of patents Kuala Lumpur, Malaysia Nov.29 - Dec.3, 2011 By yparticipant p from: INTELLECTUAL PROPERTY DIVISION Ministry of Economic Affairs Thimphu, h BHUTAN Web site: Vision To use the intellectual property p yprotection system as a stimulus for the social, cultural, technological and economic growth of the country Mission To establish a comprehensive well-balanced and effective system for the protection and enforcement of intellectual property rights Intellectual Property Division, Bhutan

2 ORGANOGRAM IP D, MoEA DIRECTOR / REGISTRAR DEPUTY DIRECTOR/ DY. REGISTRAR Trademarks Registry Industrial Patents Copyright Designs Registry Unit Registry Corporate Service section Utility Model Copyright Registry Finance Section IT Services Section Information, Advisory, Geographical Integrated + Awareness & + Indications Circuits Registry Education Registry + Section The Act has been cited as THE INDUSTRIAL PROPERTY ACT OF THE KINGDOM OF BHUTAN, July, 2001 / 79 th session of fthe National lassembly. Provisions on Patents, Trademarks and Industrial Design Ministry of Economic Affairs is authorized to regulate the Act.

3 - Industrial Property Act of the Kingdom of Bhutan (Part 2/Sec. 4-16) - Definition - Matters excluded from Patent protection - Patentable Inventions - Patent Applications i & examination i procedures - Grant of Patent - Rights conferred by Patent - Duration and fees - Invalidation - Compulsory license Staff in Patent Registry: a) Examiner = 2 b) Assistance Examiner = 1 TOTAL 3 -Background required = Minimum science graduate -Collectively work together on all aspects of legal and technical Patent Registration System -Also looks after other general and policy aspects of intellectual property

4 Revising patent laws (IP Act, 2001) Drafting Patent Rules, guidelines & work manuals (timeline, fees, forms etc.) Linking with external search and examination authorities Building in-house expertise: Example: - Training on examination, search and legislative aspects= for Examiners - Patent drafting= for Examiners and Agents (forth( coming agenda with WIPO) Number of queries = 10 from foreign applicants since 2002 Number of applications received = 3 Granted Ga = 0 Fields of invention = Pharmaceutical and electrical.

5 FILING OF MIMINIMAL REQUIREMENTS ESTABLISHMENT OF PAPER FILE AND DATA INPUT APPLICATION NO. & DATE OF RECEIPT OF THE APPLICATION BY THE REGISTRY FULFILLS FORMAL REQUIREMENTS ACCORD FILING DATE STORING OF FILE UNTIL SUBSTANTIAL COMPLYING WITH FORMAL NOTIFICATIONS: DATA INPUT IF NOT FULFILLED INVITATION FOR THE NECESSARY CORRECTION COMPLYING WITH THE NOTIFICATION NON-COMPLIANCE WITH THE NOTIFICATION PUBLICATION OF PATENT ENTER INTO PATENT REGISTER NOTIFICATION OF POSSIBLE GRANT DATE NOTIFICATION OF COMPLETION OF SUSTANTIAL NOTIFICATION OF THE PAYMENT OF FEE NON-COMPLYING WITH THE NOTIFICATION COMPLETION OF SUBSTANTIAL COMPLYINF WITH THE NOTIFICATION NOTIFICATION FOR SUBSTANTIAL DEFECTS 1.Weak local industrial base and lack of innovative culture 2.Lack of internal expertise (both legal and technical) 3.Constraints in training examiners on search and substantive examination (including interpretation of ISA & IPEA reports) 4.Absence of patent attorneys in Bhutan 5.Confusion as a late starter in the game

6 1 Operating patent registry 1. - Incorporating patent registration system into IPAS software Linking with regional offices/wipo for substantive search and examination. 2. Long term hands on training for examiners - - Search and examination Understanding and interpretation of search and p examination reports 3. Accession to PCT (Patent Cooperation Treaty) THANK YOU for your kind attention

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