Group B+
The Group B+ was established to promote and facilitate progress on key issues under consideration at the World Intellectual Property Organization (WIPO) and in particular to move forward on substantive patent law harmonisation.
Composition
It is chaired by Mr Pascal Faure, Director-General of the French Institut National de la Propriété Industrielle, (INPI), and its members are:
- all members of WIPO's Group B,
- EU member states,
- the European Commission,
- EPOrg member states,
- the EPO,
- South Korea.
WIPO and Singapore attend the meetings as observers.
The Group B+ usually holds its in person annual plenary session on the fringes of the WIPO General Assemblies in Geneva.
Sub-Group
In 2014, a B+ Sub-Group was set up to assist the Chair, now consisting of representatives from Australia, Canada, Denmark, Germany, Hungary, Japan, South Korea, Spain, Sweden, the UK, the USA and the EPO.
The Sub-Group has focused on a package of outstanding issues, namely:
- non-prejudicial disclosures/grace period,
- publication of applications,
- conflicting applications,
- prior user rights and
- prior art.
While views differ as to the elements that constitute best practice, substantial progress has been made on the definition of various principles and objectives governing the issues under consideration.
User and stakeholder involvement
The group attaches great importance to transparency and will continue to engage with national and regional stakeholders and representatives from the user community.
- Documents published by the Group B+
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A selection of documents published by the Group B+ is provided below.
2023
Group B+ Plenary 2023 Statement
Group B+ Plenary 2023 Summary of Discussions
2022
Group B+ Plenary 2022 Statement
Group B+ Plenary 2022 Summary of Discussions
2021
Group B+ Special Plenary Statement
Group B+ Plenary 2021 Statement
Industry Trilateral Elements Paper of September 2021
2020
Group B+ Plenary 2020 Statement
2019
Group B+ Plenary 2019 Statement
2018
[In 2018, there was no Group B+ plenary meeting.]
2017
Group B+ Plenary 2017 Statement
Group B+ Plenary 2017 Summary of discussions
2016
Group B+ Plenary 2016 Statement
Group B+ Plenary 2016 Meeting Note
2015
Group B+ Plenary 2015 Statement
Group B+ Plenary 2015 Meeting report
Questionnaire regarding cross-border aspects of client/ patent attorney privilege (CAP)
2014
- Documents published by the B+ Sub-Group
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2020
B+ Sub-Group meeting July 2020 agreed statement
2019
B+ Sub-Group meeting October 2019 agreed statement
2018
B+ Sub-Group meeting September 2018 agreed statement
2017
B+ Sub-Group meeting June 2017 agreed statement
B+ Response Document to the IT3 “Elements Paper”
B+ Sub-group October 2017 Outcomes
2016
B+ Sub-Group meeting May 2016 agreed statement
B+ Workstream on Conflicting Applications: Report
B+ Workstream on Implementation Options: Report
B+ Workstream on Non-Prejudicial Disclosures / Grace Period: Report
B+ Workstream on Prior User Rights: Report
B+ Workstream on Prior User Rights: Further Work on the Scope of Prior User Rights
2015
B+ Sub-Group meeting April 2015 agreed statement
Objectives and principles, with commentary on potential outcomes (May 2015)
Note by the Chair: Patent harmonisation – objectives and principles paper (June 2015)
Promoting Transparent Use of the Grace Period (EPO-JPO-USPTO, September 2015)
Treatment of Conflicting Applications (EPO-JPO-USPTO, September 2015)
2014
- Documents published by the Group B+ Working Group on SPLH
- Consultation on Substantive Patent Law Harmonisation 2022
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Consultation on SPLH 2022 – Report of Australia
Consultation on SPLH 2022 – Report of Canada
European Common Consultation on SPLH 2022 – Common Consultation Document
European Common Consultation on SPLH 2022 – Part I: Consolidated Report
European Common Consultation on SPLH 2022 – Part II: National Reports
- Cornerstones for Harmonisation:
a B+ Sub-Group / Industry Symposium Munich, 20 June 2017 -
Preparatory documents:
Policy and Elements for a Possible Substantive Patent Harmonization Package (IT3) (PDF, 250 KB)
Exhibit 1 – Grace period (IT3)
Exhibit 2 – Conflicting applications (IT3)
Exhibit 3 – Prior users rights (IT3)
Symposium Presentations:
Conflicting applications (IT3)
Proposed Defence for Intervening Users (“DIU”) (IT3)
Summary of Position of Australian / New Zealand Users
Canadian Industry Reaction to Industry Trilateral Positions
Symposium Proceedings:
Cornerstones for Harmonisation – A B+ Sub-Group / Industry Symposium – Record of the Proceedings