Page 393 - Regional Comprehensive Economic Partnership (RCEP)

Agreement, and the Annex and Appendix to the Annex to the TRIPS (d) an opportunity to do at least one of the following in relation
Agreement. to a patent after it has been granted:

(i) oppose the grant;
Article 11.40: Experimental Use of a Patent
(ii) seek revocation;
Without limiting Article 11.38 (Exceptions to Rights Conferred), each
Party shall provide that any person may do an act that would otherwise (iii) seek cancellation; or
34
infringe a patent if the act is done for experimental purposes relating to
the subject matter of a patented invention. (iv) seek invalidation; and

(e) a requirement that administrative decisions in opposition,
36
Article 11.41: Procedural Aspects of Examination and Registration revocation, cancellation, or invalidation proceedings shall
be reasoned and in writing. Such decisions may be
1. The Parties recognise the importance of improving the quality and provided electronically.
efficiency of their respective patent systems as well as simplifying
and streamlining the procedures and processes of their
respective competent authorities for the benefit of all users of their Article 11.42: Grace Period for Patents
respective patent systems and the public as a whole.
The Parties recognise the benefits of patent grace periods to disregard
2. Each Party shall provide a patent system, which includes: certain public disclosures of inventions when determining if an invention
is novel in order to support innovation.
(a) a requirement to provide to the applicant a communication
in writing of the reasons for a refusal to grant a patent;
Article 11.43: Electronic Patent Application System
(b) an opportunity for the applicant to make amendments and
observations in connection with their applications; Each Party is encouraged to adopt an electronic patent application
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system so as to facilitate ease of application by patent applicants.
(c) an opportunity to do at least one of the following in relation
to a patent before it has been granted:
Article 11.44: 18-Month Publication
(i) file an opposition against the patent application; or
1. Each Party shall publish any patent application promptly after the
(ii) provide the competent authority with information expiry of 18 months from its filing date or, if priority is claimed,
that could deny novelty or inventive step of an from its earliest priority date, unless the application has been
invention claimed in the patent application; published earlier, or has been withdrawn, abandoned, or
37
refused .

34 For greater certainty, each Party may determine, consistent with Article 11.38
(Exceptions to Rights Conferred), what acts fall within the meaning of “experimental
purposes”.
36 For the purposes of this subparagraph, “administrative decisions” may include quasi-
35 For the purposes of this subparagraph, the Parties understand that “amendments” judicial decisions.
may include corrections and “observations” may include explanations or responses to
a finding on its application by the competent authority whether or not such response is 37 The Parties understand that, for the purposes of this Article, an application is
given in conjunction with an amendment or correction to the application. withdrawn, abandoned, or refused in accordance with the respective Party’s laws and
regulations.

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