Substantive Patent Law Harmonisation (SPLH): FICPI participated in the Group B+ Working Group on SPLH meeting, held at the European Patent Office on 17 and 18th February.
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.
There are three crucial aspects of SPLH:
- Grace Period
- Prior User Rights
- How to Handle Conflicting Applications
Robert Watson, President of FICPI's Study and Work Committee and Jasper Groot Koerkamp, member of FICPI's Study & Work Group on international patent matters, attended in-person with Jérôme Collin, FICPI Special Reporter for SPLH, joining online.
They were supported by representatives from FICPI national associations and sections, including Howard Read from FICPI-UK, Michael Andersson from FICPI Sweden (in person) and Rohan Wallace and Ronelle Geldenhuys from FICPI Australia (online).
FICPI values the Group B+ commitment to transparency and continued engagement with national and regional stakeholders and representatives from the user community. Meetings and dialogues with IP Offices, international organisations, and diplomatic stakeholders globally support FICPI’s objective of strengthening the effectiveness of IP attorneys and positively developing the global IP landscape.
The meeting was held under Chatham House Rule so we cannot share who said what. However, the meeting picked up the threads from the FICPI-AIPLA-AIPPI Colloquium in June 2024, and focused predominantly on Prior User rights, as these had been identified as where evidence had been lacking. It included initial reflections on the Prior User Right survey carried out by Group B+.
The topics of grace period and conflicting applications were, of course, covered.
There were many interventions around how the various options for harmonisation will affect different types of applicants, from start-ups and universities to global companies in different sectors.
Perhaps the most significant part of the meeting was the discussion of where the Group B+ work will go next - this is something FICPI will follow closely.
Our thanks to the Intellectual Property Office UK for running the meeting, and to the EPO and Japan Patent Office for their significant contributions, as well as to all the other user organisations who participated in the meeting.
Next steps
- If you are interested in the matter of SPLH, please get in touch with our Special Reporter for SPLH, Jérôme Collin, pictured below at a meeting of FICPI Study & Work Committee known by its French acronym CET.
- Find out more about FICPI's work in the area of Substantive Patent Law Harmonisation at: https://ficpi.org/library/ficpi-viewpoints/splh and in our summary of our 2024 Colloquium at: https://ficpi.org/system/files/2025-AIPPI-FICPI-AIPLA-SPLH-REPORT.pdf
