Cooperative Patent Classification

Last updated

The Cooperative Patent Classification (CPC) is a patent classification system, which has been jointly developed by the European Patent Office (EPO) and the United States Patent and Trademark Office (USPTO). [1] The CPC is substantially based on the previous European classification system (ECLA), which itself was a more specific and detailed version of the International Patent Classification (IPC) system.

Contents

Structure

Patent publications are each assigned at least one classification term indicating the subject to which the invention relates and may also be assigned further classification and indexing terms to give further details of the contents. The CPC system has over 250,000 categories. [2]

Each classification term consists of a symbol such as "A01B33/00" (which represents "tilling implements with rotary driven tools"). The first letter is the "section symbol" consisting of a letter from "A" ("Human Necessities") to "H" ("Electricity") or "Y" for emerging cross-sectional technologies. This is followed by a two-digit number to give a "class symbol" ("A01" represents "Agriculture; forestry; animal husbandry; trapping; fishing"). The final letter makes up the "subclass" (A01B represents "Soil working in agriculture or forestry, parts, details, or accessories of agricultural machines or implements, in general"). The subclass is then followed by a 1- to 4-digit "group" number, an oblique stroke and a number of at least two digits representing a "main group" ("00") or "subgroup". A patent examiner assigns a classification to the patent application or other document at the most detailed level which is applicable to its contents.

A01B CPC scheme A01B.jpg
A01B CPC scheme
A01B CPC Definition A01B CPC Definition.jpg
A01B CPC Definition
A: Human Necessities
B: Operations and Transport
C: Chemistry and Metallurgy
D: Textiles
E: Fixed Constructions
F: Mechanical Engineering
G: Physics
H: Electricity
Y: Emerging Cross-Sectional Technologies

This classification closely follows the International Patent Classification. [3]

An example of the CPC classification scheme [4] in the area of agriculture is shown in the figure.

The text in curly brackets {..} refers to text provided by the CPC classification scheme. The rest of the text refers to text originating from the International Patent Classification.

The CPC scheme is accompanied by a set of CPC Definitions, [4] which are documents which explain how to use the CPC scheme for classifying and searching a specific technology. A part of the CPC Definition related to the scheme A01B is shown in the second figure.

Hierarchy


In the above example "A01B33/00"

History

Both the EPO and USPTO have been using the CPC since 1 January 2013. It replaced the ECLA system [1] and will[ needs update ] replace by 2015 [5] the United States Patent Classification system (USPC) as the official patent classification scheme of both the EPO and the USPTO.

The patent offices of several EPO member states also use CPC, for example those of Austria, Finland, Greece, the United Kingdom, Spain (OEPM), and Sweden (PRV) and some other offices are negotiating a Memorandum of Understanding (MoU) like Chile (INAPI), Canada (CIPO), Australia and Israel. [6]

On 4 June 2013, the Chinese State Intellectual Property Office (SIPO) agreed with the EPO that as of January 2014, SIPO would classify newly published patent applications in certain technical fields into the CPC. First SIPO staff will be trained by EPO.[ needs update ] Starting in 2016, SIPO will[ needs update ] strive to classify its new patent applications according to the CPC in all technical areas. The classification data is expected to be shared with the EPO. [7] [8]

On 5 June 2013, the USPTO and the Korean Intellectual Property Office (KIPO) announced the launch of a pilot project in which KIPO will[ needs update ] classify some of its patent documents using the CPC system. [8] [9] The project has been said to mark a major step towards KIPO classifying all of its patent collection using the CPC. [9]

On 26 September 2013, the EPO and the Russian Federal Service for Intellectual Property (Rospatent) agreed that as of January 2016, Rospatent will[ needs update ] classify patent documents currently being processed into the CPC, and begin to classify previously published patent documents in 2017. The data will be shared with the EPO. [10]

On 16 July 2015, the EPO and the Mexican Institute of Industrial Property (IMPI) agreed that as of January 2017, IMPI will classify patent documents currently being processed into the CPC, and begin to publish patent applications (A) and granted patent (B) and utility model documents in 2017. The data will be shared with the EPO. [11]

Related Research Articles

<span class="mw-page-title-main">United States Patent and Trademark Office</span> United States national patent bureau

The United States Patent and Trademark Office (USPTO) is an agency in the U.S. Department of Commerce that serves as the national patent office and trademark registration authority for the United States. The USPTO's headquarters are in Alexandria, Virginia, after a 2005 move from the Crystal City area of neighboring Arlington, Virginia.

<span class="mw-page-title-main">European Patent Office</span> One of the two organs of the European Patent Organisation

The European Patent Office (EPO) is one of the two organs of the European Patent Organisation (EPOrg), the other being the Administrative Council. The EPO acts as executive body for the organisation while the Administrative Council acts as its supervisory body as well as, to a limited extent, its legislative body. The actual legislative power to revise the European Patent Convention lies with the Contracting States themselves when meeting at a Conference of the Contracting States.

Prior art is a concept in patent law used to determine the patentability of an invention, in particular whether an invention meets the novelty and the inventive step or non-obviousness criteria for patentability. In most systems of patent law, prior art is generally defined as anything that is made available, or disclosed, to the public that might be relevant to a patent's claim before the effective filing date of a patent application for an invention. However, notable differences exist in how prior art is specifically defined under different national, regional, and international patent systems.

A patent office is a governmental or intergovernmental organization which controls the issue of patents. In other words, "patent offices are government bodies that may grant a patent or reject the patent application based on whether the application fulfils the requirements for patentability."

The Trilateral Patent Offices, or simply the Trilateral Offices, are the European Patent Office (EPO), the Japan Patent Office (JPO) and the United States Patent and Trademark Office (USPTO). In 1983, these patent offices set up a programme of co-operation in an effort to "improve efficiency of the global patent system".

Business method patents are a class of patents which disclose and claim new methods of doing business. This includes new types of e-commerce, insurance, banking and tax compliance etc. Business method patents are a relatively new species of patent and there have been several reviews investigating the appropriateness of patenting business methods. Nonetheless, they have become important assets for both independent inventors and major corporations.

A patent family is a set of patents or patent applications in various countries in relation to a single invention, for example when a first application in a country – the priority application – is extended to other countries. In other words, a patent family is "the same invention disclosed by a common inventor(s) and patented in more than one country." Patent families can be regarded as a "fortuitous by-product of the concept of priorities for patent applications".

Espacenet is a free online service for searching patents and patent applications. Espacenet was developed by the European Patent Office (EPO) together with the member states of the European Patent Organisation. Most member states have an Espacenet service in their national language, and access to the EPO's worldwide database, most of which is in English. In 2022, the Espacenet worldwide service claimed to have records on more than 140 million patent publications.

The International Patent Classification (IPC) is a hierarchical patent classification system used in over 100 countries to classify the content of patents in a uniform manner. It was created under the Strasbourg Agreement (1971), one of a number of treaties administered by the World Intellectual Property Organization (WIPO). The classification is updated on a regular basis by a Committee of Experts, consisting of representatives of the Contracting States of that Agreement with observers from other organisations, such as the European Patent Office.

<span class="mw-page-title-main">Representation before the European Patent Office</span>

The European Patent Convention (EPC), the multilateral treaty providing the legal system according to which European patents are granted, contains provisions regarding whether a natural or juristic person needs to be represented in proceedings before the European Patent Office (EPO).

Maintenance fees or renewal fees are fees paid to maintain a granted patent in force. Some patent laws require the payment of maintenance fees for pending patent applications. Not all patent laws require the payment of maintenance fees and different laws provide different regulations concerning not only the amount payable but also the regularity of the payments. In countries where maintenance fees are to be paid annually, they are sometimes called patent annuities.

<span class="mw-page-title-main">Japan Patent Office</span> Japanese government agency responsible for enforcing intellectual property rights

The Japan Patent Office is a Japanese governmental agency in charge of industrial property right affairs, under the Ministry of Economy, Trade and Industry. The Japan Patent Office is located in Kasumigaseki, Chiyoda, Tokyo and is one of the world's largest patent offices. The Japan Patent Office's mission is to promote the growth of the Japanese economy and industry by administering the laws relating to patents, utility models, designs, and trademarks. Copyright affairs are administered by the Agency for Cultural Affairs.

A patent classification is a system for examiners of patent offices or other people to categorize (code) documents, such as published patent applications, according to the technical features of their content. Patent classifications make it feasible to search quickly for documents about earlier disclosures similar to or related to the invention for which a patent is applied for, and to track technological trends in patent applications.

The United States Patent Classification is an official patent classification system in use and maintained by the United States Patent and Trademark Office (USPTO). It was mostly replaced by the Cooperative Patent Classification (CPC) on January 1, 2013. Plant and design patents are still classified solely within USPC at the USPTO. As of December 2018, patents at the USPTO are still routed to their appropriate business and art units by their USPC, even though it is no longer assigned directly to the patents themselves.

The Traditional Knowledge Digital Library (TKDL) is an Indian digital knowledge repository of the traditional knowledge, especially about medicinal plants and formulations used in Indian systems of medicine.

<span class="mw-page-title-main">Google Patents</span> Search engine from Google that indexes patents and patent applications

Google Patents is a search engine from Google that indexes patents and patent applications.

The European Classification (ECLA) is a former patent classification system maintained by the European Patent Office (EPO). The ECLA classification system contains 134 000 subdivisions. It was introduced mainly as an extension of the International Patent Classification system in 1970, but sometimes it modifies its titles and rules. ECLA is used in connection with the indexing system ICO, which serves to identify additional information and aspects that are not covered by the ECLA schemes. ECLA has been replaced by the Cooperative Patent Classification (CPC) as of 1 January 2013.

The Patent Prosecution Highway (PPH) is a set of initiatives for providing accelerated patent prosecution procedures by sharing information between some patent offices. It also permits each participating patent office to benefit from the work previously done by the other patent office, with the goal of reducing examination workload and improving patent quality.

The Global Dossier is an online public service launched in June 2014 by the five "IP5" offices, i.e. the European Patent Office (EPO), the Japan Patent Office (JPO), the Korean Intellectual Property Office (KIPO), China's National Intellectual Property Administration (CNIPA) and the US Patent and Trademark Office (USPTO), to offer an integrated access to the respective "file wrappers", free of charge and with automatic machine translations to English. A file wrapper, also called "public file", contains documents, including the search reports, office actions and correspondence between the applicant and the patent office, relating to a particular patent application. The file wrapper therefore provides the file history of a patent application.

IP5 is a forum of the five largest intellectual property offices in the world. The five patent offices are the US Patent and Trademark Office (USPTO), the European Patent Office (EPO), the Japan Patent Office (JPO), the Korean Intellectual Property Office (KIPO), and the National Intellectual Property Administration in China.

References

  1. 1 2 CPC replaces ECLA on Espacenet Archived 2012-11-22 at the Wayback Machine , Patent Information News issue 4/2012, December 2012, p. 4.
  2. CPC Essentials I Part A, slide 12
  3. "The Cooperative Patent Classification Introduction to the CPC". EPO. 2013. Retrieved 22 April 2013.
  4. 1 2 "CPC Scheme and Definitions". EPO & USPTO. 2013. Retrieved 9 November 2013.
  5. Kisliuk, Bruce (27 September 2012). "Introduction to the Cooperative Patent Classification (CPC); EPO and USPTO Bi-lateral Classification System" (PDF). USPTO. Retrieved 22 April 2013.
  6. "3rd EPO-USPTO CPC Annual Meeting with national offices classifying in CPC" (PDF). EPO. 26 February 2016. Retrieved 24 November 2016.
  7. "Europe and China agree to use same patent classification system (CPC)". European Patent Office. 4 June 2013. Retrieved 4 June 2013.
  8. 1 2 "SIPO and KIPO to classify using the CPC" (PDF). Patent Information News. European Patent Office (2, June 2013): 12. Archived from the original (PDF) on 15 July 2021. Retrieved 23 June 2013.
  9. 1 2 "USPTO and KIPO Announce Launch of Cooperative Patent Classification System Pilot". USPTO. 5 June 2013. Retrieved 5 June 2013.
  10. "Co-operation with Russia and Eurasian region intensifies: Language barrier in patent information removed". EPO. 26 September 2013. Retrieved 26 September 2013.
  11. "Co-operation with IMPI-Mexico". EPO. 16 July 2015. Retrieved 24 November 2016.