Participant Report 'Leading IPO'—Agent Focus Groups

2) Trade-marks

General Impressions "The Good"

• Client Service (staff )
  • "Helpful"; "Respectful"; "Accessible"; "Responsive"
• Fees
  • "Relatively Inexpensive"; "Reasonably priced";
  • "Encouraging to Small-Medium Enterprises (SMEs)"
• Online Services
  • "User-friendly website"; "Offers online filing"; Good online capability — but limited"
• Examination
  • "Top Quartile" (re: Turnaround times); "Competent examination"; "Predictable"

General Impressions "The not-so-good"

• Turnaround times
  • "Slow" (re: First office action, secondary examination, opposition decisions, scheduling for Trade-marks Opposition Board TMOB)
• Client Service
  • "Examiners are hard to reach"
  • "Unresponsive (re: Examiners)"
  • "Hours of service" (3 hr delay — Vancouver)
• Examination
  • "Inconsistent" (re: Search results and interpretation of manual)
  • "Inflexible"
• Online Service
  • "Wonky"; "Not intuitive" (re: Database)
  • "Inconsistent" (re: Speed)

What is a "Leading IPO"?

Attributes of a "Leading IPO"

• Quality Examinations
  • "Thorough"; "Consistent"; "Timely"; "Predictable"
  • "All issues raised in the First report"
  • "Expedited examination"
• Client Service (staff)
  • "Accessible"; "Responsive"
  • "Well-trained"; "Knowledgeable"; "Experienced"
  • "Supervision of Junior Examiners"
  • "Bilingual"
  • "Communication via email/online"
  • "Proposes solutions when there is a problem"
  • "Regional presence"

• Online Services
  • "Paperless"; "Everything accessible online"; "All services available online"
  • "Reliable"; "Confidence in electronic transactions"
• Database
  • "Usable"; "Up-to-date"; "Reliable"
  • "Fully searchable" (re: All fields)
• Proactive
  • "Collects feedback and puts it into practice"
  • "Open to change"; "Drives change in IP law"
  • "Holistic" (re: In approach to IP)
• Integrity
  • "Worldwide recognition"; "Consistent"; "Enforceable"

Name a "Leading IPO"

Name a "Leading IPO"

• USPTO
  • "TATs"
  • "Online services"; "Everything is online"
  • "Online accessibility of documents"
  • "Electronic file-wrapper"; "Online file histories"
  • "Access to 'live' person"; "Communication by email"
  • "Up-to-date Database"
• Office of Harmonization for the Internal Market (OHIM) and EPO
  • "Everything is online"
  • "Filings cover multiple jurisdictions"
• IP Australia
  • "Fast"

Service Improvement Priorities

Highest Priority

1. Comprehensive Online Services
2. Quality Examination (Thorough, consistent, predictable, timely)
3. Client Service (Staff)
   • Responsive and knowledgeable staff
   • Access to "live" person
   • Email access to examiners
   • Increased interaction

Other Service Expectations

• All interactions and submissions available online
• Online 'file-wrappers'
• Filing of attachments online
• File status available online
• Clearer/Simpler communications (re: Responses to examinations)
• Consistent application of examination manual
• Real-time updates of examination manual
• Make the opposition process less expensive and more efficient
• Limit the number of extensions (re: Oppositions)
• Opposition proceedings available regionally

Innovation and IP Culture

CIPO's role …

• Public Education
  • Work with partners (Universities, Natural Sciences and Engineering Research Council of Canada (NSERC), etc.)
  • Business-driven — integrate with other efforts
  • Easy online access (re: Uniform Resource Locator (URL))
• Improve the integrity of IP
• Interact with practitioners
  • E.g. Focus groups, meetings, seminars
  • Online discussion forums
• Encourages the use of IP Agents
• Support innovation in IP Law

Agent community's role …

• Public Education
  • E.g. Speaking engagements, seminars
• Educate examiners
• Balance registration objectives and client business objectives
• Be assertive (re: defending applications)
• Interactive case law revisions

Other

Improving examiner training …

• Specialization
  • Education in specific areas
  • Company / Applicant specific examiners
• Interpretation of manual (and practice notes)
  • Currently there is no flexibility
• Escalation
  • i.e. TM Ombudsman — someone examiners can go to with questions about particular case matters
• Mentoring with senior examiners
• Practice notes reviewed by someone with a legal background

3) Industrial Design

General Impressions

• "Over-burdened"
• "Inconsistent"
• "Unresponsive"
• "Slow TATs"
• "Not transparent" (re: Examination)
• "Conservative" (re: Policies and Approach)
• "Less formal than other IPOs"

What is a 'Leading IPO'?

Attributes of a 'Leading IPO' …

Participants were asked to identify the attributes of a 'Leading IPO'

• Quality Examinations
  • "Examines in accordance to the statute and case law"
  • "Committed to granting IP as per the manual"
  • "Expeditious" (re: TATs)
• Online Services
  • "Widespread availability of public information"
  • "Web conferencing"
• Client Service
  • "Able to meet clients' needs"
  • "Established service standards"

Participants were asked to identify the attributes of a 'Leading IPO'

• Progressive / Pro-active
  • "Pushes the boundaries of IP Rights and IP Law"
  • "Involved in legislative advancement"
  • "Demonstrates momentum"
  • "Harmonized international practices"

Name a 'Leading IPO'?

Name a 'Leading IPO' …

Participants were asked to name a 'Leading IPO' and explain their choice

• United Kingdom Patent Office (UKPO)
  • "Fast"
  • "Inexpensive"
  • "Full-service" (re: web offerings)
  • "Service oriented"
  • "Legislative change"
  • "Patent court"

Service Expectations

Service Expectations identified by Industrial Design (ID) agents in order of importance

Highest Priority

1. Quality Examinations (Thorough, consistent, timely)
2. Progressive
   • Multiple-related registration
   • Maximize client rights and opportunities (e.g. Longer terms, acceptance of variations, etc.)
3. Client Service (Responsive and knowledgeable staff)

• Strong guideline (re: Examination)
• Easy access to information (E.g. client information, policy and procedures)
• Accountable (E.g.: when service standards are not met)
• Eliminate barriers to registration
• Affordable

Innovation and IP Culture

CIPO's role …

Participants were asked what CIPO's role should be in advancing an IP culture

• "Not their primary role"
  • Focus on quality and timely examinations
• "Be a facilitator and not an impediment to obtaining IP Rights"
• Public Education
  • E.g. Really good website
• Sell / Promote IP in government"Go to bat for IP"

Agent community's role …

Participants were asked what Agents' role should be in advancing an IP culture

• Actively meeting with CIPO
  • Provide feedback
• Educate clients (and potential clients)
  • E.g. Speaking engagements, presentations to post-secondary institutions
• Selling IP internationally
• Lobbying government for legislative change

E. Conclusions and Next Steps

Conclusions

Feedback from across all focus groups pointed to a number of common themes.

• Examination
  • Improving access to examination staff
  • Making examination staff more responsive
  • Updating training of new examiners to improve consistency in the examination / granting process
• Online Services
  • Improving existing services and data offerings
  • Providing new online services
• Turnaround Times
  • Making continued progress reducing in turnaround times
  • Reducing turnaround times for opposition proceedings
• Innovation / Proactiveness
  • Being proactive and innovative as an organization
  • Taking the initiative on legislative and regulatory change
  • Innovating in service delivery

Next Steps

• Feedback from these Focus Groups will be reviewed by CIPO Senior Management to identify additional service improvement opportunities
• Proposed service improvements will be added to CIPO's ongoing Service Improvement plan

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CIPO Focus Group Discussion

PDF Version
(11 KB, 4 pages)

Introduction by Moderator (10 Minutes)

Objectives

• To understand your vision of a 'leading intellectual property office'
• To understand how CIPO is performing relative to that vision
• To understand your priorities for CIPO for the years ahead
• To understand how CIPO can serve you better

Ground Rules

• Participate
• One at a time
• No right/wrong answers
• Be candid
• Confidentiality
• Enjoy the process

Proposed Agenda

A. Introduction (10 minutes)

• Objectives, Ground Rules
• Participants
• Questions

12:00 - 12:10

B. Definition of a 'Leading IP Office' (20 minutes)

• What is a 'Leading IPO'?
• Assessment

12:10 - 12:30

C. Business Growth and Innovation (20 minutes)

• How should a 'Leading IPO' support business growth and innovation?
• Assessment

12:30 - 12:50

D. Client Focus (20 minutes)

• How should a 'Leading IPO' serve clients?
• Assessment

12:50 - 1:10

E. IP Culture (15 minutes)

• How should a 'Leading IPO' advance an IP culture?
• Assessment

1:10 - 1:25

F. Wrap Up (5 minutes)

• Final comments

1:25 - 1:30

Proposed Focus Group Questions

B. Definition of a 'Leading IP Office' (20 minutes)

1. The Canadian Intellectual Property Office (CIPO) has committed itself to becoming a 'leading Intellectual Property Office (IPO). What, in your opinion, are the attributes of a 'leading' IPO?

• Moderator lists answers

2. How important do you feel each of these attributes will be to you over the next five years?

• Moderator invites participants to rate the importance of each item as high, medium or low (H-M-L)

3. In your opinion, how well is CIPO performing relative to each of these attributes?

• Moderator invites participants to rate CIPO's performance as H-M-L according to each attribute

4. In your opinion, how well would you say other IPO's are performing overall relative to these attributes?

• Moderator invites participants to provide an overall rating of other IPO's performance (H-M-L) relative to the same attributes

C. Business Growth and Innovation

5. How should a 'leading IPO' best support business growth and innovation?

• Moderator lists answers

6. In your opinion, how important is each of these roles?

• Moderator invites participants to rate the importance of each role (H-M-L)

7. In your opinion, how well is CIPO performing relative to each of the attributes we have just listed?

• Moderator invites participants to rate CIPO's performance as H-M-L according to each attribute

8. What, in your opinion, is the role of the agent community in supporting business growth and innovation?

• Moderator lists answers

9. In your opinion, which of these roles are the most important?

• Moderator invites participants to rate responses as H-M-L

D. Client Focus

10. How should a 'leading IPO' best serve clients?

• Moderator lists answers

11. How important do you feel each of these attributes will be to you over the next five years?

• Moderator invites participants to rate the importance of each item as high, medium or low (H-M-L)

12. In your opinion, how well is CIPO performing relative to each of the attributes?

• Moderator invites participants to rate CIPO's performance as H-M-L according to each attribute

13. What, in your opinion, should CIPO's top service improvement priorities be over the next five years?

• Moderator lists answers.

E. IP Culture

14. Part of CIPO's mission is to foster the use and exploitation of intellectual property and to encourage invention, innovation and creativity in Canada. How should a 'leading IPO' best achieve these objectives?

• Moderator lists answers.

15. How important do you feel each of these attributes will be to you over the next five years?

• Moderator invites participants to rate the importance of each item as high, medium or low (H-M-L)

16. In your opinion, how well is CIPO performing relative to each of the attributes we have just listed?

• Moderator invites participants to rate CIPO's performance as H-M-L according to each attribute