IPOPHL COMPETENCY MODEL(CM) FOR PATENT EXAMINERS. Marjorie S. De Luna IPOPHL

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1 IPOPHL COMPETENCY MODEL(CM) FOR PATENT EXAMINERS Marjorie S. De Luna IPOPHL

2 BOP Organizational Structure

3 IPOPHL Training Program and Capacity Building New Patent Examiner Training(NPET) Consists of 3 phases Competency-based Facilitation methods guided by Adult Learning Principles Continuous Training Program Advanced trainings, workshops, and seminars on new and emerging technologies Updates on patent legislation Plant visits DOST Balik Scientist Program Capacity building activities in partnership with other IP Offices (EPO, USPTO, JPO, IPAu, WIPO)

4 NPET Program Study Visit to USPTO BOP Training Committee created Batch 1 IPOPHL Competency Modelling Tool adopted Batch 2 RPET Curriculum adopted in Phase 2 Implementation of Technical Competency Modelling for Key Positions Batch 3 Batch 4 RPEM Program commenced 2013 Jan Jul Sep Oct Mar Jul Oct 2016 May Oct 2017 Mar Jun Training Curriculum developed Training Curriculum modified Competency Model for Patent Examiners completed Batch 1 Oct 13 Feb 14 Mar Sep 14 Oct Dec 14 Batch 2 Jul Oct 15 Nov 15 Apr 16 May Jul 16 Batch 3 Dec 16 Mar 17 Apr Jul 17 Jul Oct 17 Batch 4 Mar midmay 17 midmay Oct 17 ongoing

5 NPET Program Key Features *Buddy- System PHASE 1 Fundamental Concepts and Applied Learning PHASE 2 Technology- Specific Training PHASE 3 Supplemental Training *Scienceclass Style *Competencybased modules *Adult learning principles

6 NPET Program

7 IPOPHL Core Competencies

8 NPET Program

9 NPET Program

10 Developing the CM for Patent Examiners Patent Examination is a complex skill Complex skills are to be taught in small clusters A patent examiner should possess the KSA required in examining a patent application Competency-based learning and development ensures long-term perspective Assessment tool is needed to monitor competencies CM should capture the competencies needed in patent examination

11 Developing the CM for Patent Examiners

12 Developing the CM for Patent Examiners Patent Examination Is the application and integration of scientific and technical knowledge to legal skills to make appropriate decisions. It includes searching and researching skills. It also involves communicating decisions through writing in a clear, concise and coherent manner using correct English grammar, punctuation and spelling. Clusters of Patent Examination Skills: Checking of formality requirements - Demonstration of the knowledge on the requirements, policies and procedure relevant to the examination as to formalities of patent applications Patent application analysis Identification of the problem underlying the invention, the inventive concept leading to its solution, the features essential to the solution as found in the claims and the results and effects obtained by performing critical analysis of the claims in light of the description and drawings Patent classification Identification of the technical field of the claimed invention and demonstration of knowledge on the IPC system Assessing Patentability Requirements Exercise of judgment and decision pertaining to the claimed invention whether it satisfies patentability requirements through the application and integration of scientific and technical knowledge to legal skills Patent search Exercise of judgment in the formulation and identification of appropriate strategies in conducting research and search for the state of the art relevant in determining the patentability of the claimed invention Conducting Further Search Demonstrate decision making when an additional search may become necessary Issuance of First Substantive Examination Report Communicate decisions through writing in a clear, concise and coherent manner using correct English grammar, punctuation and spelling Re-examination of patent applications Exercise of judgment and decision making whether amendments are allowable

13 Developing the CM for Patent Examiners

14 IPOPHL moving forward Independent PH Patent system established PH Patent Office commences operations IPOPHL submitted application as ISA/IPEA IPOPHL designated as ISA/IPEA 1947 Jan Jul Sep Oct 2017 Mar Oct Upgrade Training Program and Capacity Building Development of whole new training package through Oct 13 Feb 14 Mar Sep 14 RPEM project Refinement of Competency Nov 15 Apr 16 May Assessment Jul 16 Tools Development of ISA/IPEA Competencies Apr Jul 17 Jul Oct 17 ongoing

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