Chinese literature now more accessible to EPO examiners
28/06/2010

One of the main advantages of filing a PCT application is that the applicant receives both a Search Report citing potentially relevant prior art, and a Written Opinion on the patentability of the invention as claimed in the application. The Search Report and Written Opinion provide an applicant with a good indication on the patentability of the invention, and whether the costs of filing national phase applications in the individual countries will be justified. It is thus desirable that the examiners conducting the search and drafting the opinion have access to all relevant information to provide the applicant with accurate feedback.

China’s economic growth over the past five to ten years has resulted in a significant increase in the number of patents applications filed by Chinese companies, especially in the field of telecommunications. In addition, there has also been an increase in the publication of non-patent literature. These documents may serve as valuable prior-art for examiners when examining patent applications.

In the past, EPO examiners used to assess these Chinese documents based on their English abstracts and their figures. The examiners also often consulted with some of their fellow examiners who had a basic knowledge of the Chinese language. If the document was considered particularly relevant, then a manual translation of the document was requested. This translation could then be cited in the search report and used during examination.

Today, however, the EPO examiners have access to a central database which includes numerous Chinese documents, comprising both patent and non-patent literature. This database is updated regularly. Examiners may also request a ‘human-assisted machine’ translation which is obtainable from a number of Chinese companies. This translated document will then also be added to the central database.

The EPO examiners may thus in future be able to provide a more accurate search and written opinion (particularly in the field of telecommunications). This will enable the PCT applicant to make a more informed decision on how to proceed.

Danie Pienaar
Candidate Attorney
danie-p@adamsadams.co.za