In his Wednesday, Nov. 18, 2009 blog USPTO Director David Kappos discusses the benefits of patent offices from different countries sharing background work leading up to the filing of a patent. Shared work could include prior art searches and office actions that apply similar patentability criteria. However, he emphasized that work sharing would not substitute for decisions about whether an invention is patentable in the United States.
Director Kappos specifically mentioned bilateral agreements among the USPTO, EPO, and JPO made at the Trilateral meetings in Kyoto, Japan last week that will enable the USPTO "to use international search reports, written opinions, and international preliminary examination reports developed within the framework of the international Patent Cooperation Treaty (PCT), in examining patent applications filed at the USPTO."
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