Content

Vaishali Udupa, Commissioner for Patents of the United States Patent and Trademark Office visits the DPMA

AI, diversity, patent quality and raising public awareness - the key topics of the meeting

Relations between the German Patent and Trade Mark Office (DPMA) and the United States Patent and Trademark Office (USPTO) are long-standing and intensive. US applicants in particular are among the most active foreign patent applicants at the DPMA. But it is about more than just numbers: The visit of Vaishali Udupa, Commissioner for Patents of the USPTO, to Munich on July 31 marked a significant moment for the cooperation between the two patent authorities. The focus was on key topics such as artificial intelligence (AI), diversity, patent quality and public relations.

During the meeting in Munich, several focal points were addressed that will shape future collaboration and the challenges of the patent world. Artificial intelligence (AI) played a prominent role in this. Both patent offices discussed the opportunities and challenges arising from the use of AI in patenting processes. This was not only about the automation of examinations, but also about the legal handling of AI-generated inventions.

Diversity and the promotion of women in IP (intellectual property) were also key topics. Despite the progress made in recent years, there is still room for improvement in the participation of women, particularly in the technical areas of the patent offices, and this is being promoted at the DPMA, for example, with the recently published new gender equality plan.

Patent quality remains a key concern, especially in view of the increasing number of patent applications in complex fields of technology such as AI. The exchange of best practices and the optimization of examination procedures was therefore of great importance.

Staff recruitment

The USPTO plans to recruit around 1,600 patent examiners next year. However, recruiting the best talent and training the new examiners also presents the USPTO with major challenges. The USPTO provided information on measures for the targeted recruitment and long-term retention of employees. Flexible working hours, teleworking and further training opportunities play a central role in this.

IP rights strengthen international competitiveness - particularly important for SMEs

One of the key messages of the meeting was the importance of IP rights for strengthening international competitiveness. This message is particularly relevant for small and medium-sized enterprises (SMEs), which often form the backbone of the economy but do not always have the necessary knowledge and resources to effectively protect their inventions and trademarks.

The DPMA and the USPTO emphasized the need to better support SMEs and make it easier for them to access information and advice. Here, the DPMA has taken on an extended responsibility to inform the public about industrial property rights and promote the culture of innovation in Germany through the new tasks under Section 26a of the Patent Act. For this purpose, a new unit was set up at the DPMA IDZ Berlin, which is specifically responsible for raising public awareness.

AI and the USPTO guidance on the patentability of AI inventions

Artificial intelligence is not only a technological revolution, but also a major topic in the field of intellectual property. During the meeting, the Commissioner of the USPTO presented the USPTO's recently updated guidance on the patentability of AI-related inventions. This guidance builds on previous guidance and provides greater clarity and consistency in the evaluation of claims in patent applications and patents involving AI technology.

The latest update of the guide includes three new examples covering different technologies. This is of particular importance as the number of AI-related inventions has increased significantly in recent years in both the US and Germany.

Cooperation between the DPMA and the USPTO is a key factor in promoting innovation and protecting the rights of inventors and innovators. We learn through exchange - and Vaishali Udupa's visit underlined this once again.

Pictures: DPMA

Last updated: 1 August 2024