“The variety of PCT functions filed in 2022 dropped by over 40% in comparison with pre-war ranges. This threatens the monetary stability of the UANIPIO and employment of its extremely expert examiners.” – Tillis/Spartz Letter
Senator Thom Tillis (R-NC) and Consultant Victoria Spartz (R-IN) despatched a letter on Monday to U.S. Patent and Trademark Workplace (USPTO) Director Kathi Vidal imploring her to take steps to strengthen the Ukrainian Nationwide Workplace for Mental Property and Improvements (UANIPIO) within the face of Ukraine’s ongoing warfare with Russia.
Russia launched a full-scale invasion of Ukraine in February 2022 and, as just lately as yesterday, continues attacks on civilians, having moved into northeastern Ukraine earlier this month.
In accordance with the letter, UANIPIO scored 100% on the World Mental Property Workplace’s (WIPO) latest “PCT Yearly Review” for timeliness in transmitting worldwide search studies to the Worldwide Bureau. Nonetheless, “the variety of PCT functions filed in 2022 dropped by over 40% in comparison with pre-war ranges,” mentioned the letter. “This threatens the monetary stability of the UANIPIO and employment of its extremely expert examiners.”
Citing to an article written by former USPTO Director David Kappos in 2022, Tillis and Spartz proposed three initiatives Vidal ought to undertake to assist the Ukranian Workplace and “mitigate the mental property implications of this warfare.”
First, the letter mentioned the USPTO ought to provoke a Patent Prosecution Freeway (PPH) pilot program with UANIPIO “to speed up patent examination based mostly on favorable choices of patentability by both nation.” Second, the USPTO ought to authorize UANIPIO to behave as a global looking out and preliminary analyzing authority for worldwide patent functions obtained by the USPTO, as a way of “strengthening the capability and worldwide standing of UANIPIO.” And at last, the USPTO ought to “provide capacity-building packages and coaching for Ukrainian patent examiners on the USPTO’s International Mental Property Academy (GIPA),” mentioned the letter. “By offering technical help and experience, the USPTO can play an important position in enhancing the talents and capabilities of Ukrainian patent examiners, guaranteeing their continued effectiveness within the face of adversity.”
In a February 26, 2022, open letter, the Nationwide Affiliation of Patent Attorneys of Ukraine referred to as upon business associations, nationwide IP workplaces, IP attorneys and regulation corporations to chop all ties with Russian members/ purchasers, take away Russian representatives from administration positions and ban all Russian members from participation in occasions.
The USPTO announced in March 2022 that it could terminate engagement with the Russian IP Workplace (Rospatent) in addition to the Eurasian Patent Group (EAPO) and the IP Workplace of Belarus, which has been cooperating with Russia through the invasion of Ukraine. It additionally introduced it could now not grant requests to take part within the International Patent Prosecution Highway (GPPH) on the USPTO when these requests are based mostly on work carried out by Rospatent as an Workplace of Earlier Examination. And, in pending instances the place the Workplace granted particular standing beneath the GPPH to functions based mostly on work carried out by Rospatent, “the USPTO will take away that standing and return these functions to the common processing and examination queue, that means that they’ll now not be handled as GPPH functions on the USPTO,” mentioned a USPTO assertion on the time.
The European Patent Workplace made a similar announcement.
Individually—and, just like the USPTO bulletins, based mostly on steerage issued by the U.S. Division of State—the U.S. Commerce Division’s Bureau of Industry and Security (BIS) mentioned that it could be limiting the export, reexport and switch of luxurious items to Russia and Belarus, in addition to to Russian oligarchs worldwide.
However the Kappos article cited by Monday’s letter mentioned that “along with sanctioning Ukraine’s aggressors, the USPTO must also take the next concrete steps to instantly assist Ukraine’s patent workplace…and Ukraine’s financial system.”
In July 2023, the European Union Mental Property Workplace (EUIPO) announced a partnership with UANIPIO designed to “strengthen Ukraine’s mental property system and bolster its institutional capability to the good thing about companies and residents in Ukraine and the EU.” The deal meant Ukraine gained entry to harmonization instruments for trademark and design registration and different advantages. It additionally allowed Ukrainian small and medium-sized enterprises to apply for funding by means of the EUIPO’s 2023 Concepts Powered for Enterprise SME Fund.
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