“Interview with Karin Seegert, COO for Healthcare, Biotechnology and Chemistry at EPO: Her Journey, Role and the Future of Patent Applications”

Interview with Karin Seegert, COO for Healthcare, Biotechnology and Chemistry, EPO

As the Chief Operating Officer for Healthcare, Biotechnology and Chemistry at the European Patent Office (EPO), Karin Seegert has a wealth of experience in the patent industry. With a background in pharmacy and a PhD from the University of Munich, Seegert has spent nearly 25 years at the EPO, working her way up from a patent examiner to her current role as COO. In this interview, she shares insights into the patent industry, the EPO’s operations, and the future of patenting in the healthcare, biotechnology, and chemistry sectors.

Seegert’s Role at the EPO

Seegert’s role at the EPO is multifaceted. As COO, she oversees a variety of technological areas, including medical technology, diagnostics and treatment, pharmaceuticals, cosmetics, polymers, and industrial chemistry. She also handles sensitive cases in biotechnology relating to plants and animals, cells, and traditional knowledge in the pharmaceutical area.

Patent Challenges and Legal Issues

Seegert notes that her sector faces unique challenges in drafting patent applications due to the sheer number of possible embodiments within one claim. This often results in non-unity applications and issues with lack of support across the breadth of the claim. Additionally, the sector deals with ethical issues and specific exemptions to patentability, as well as hefty financial interests associated with patent applications.

The EPO’s Increased Activity in the US

According to Seegert, the EPO has become more active in the US in recent years due to the US being the largest user community of EPO products and services. In 2017, 26% of the EPO’s applications came from the US. The EPO has been working to strengthen ties with the US, visiting industry and patent attorneys, and developing relations with applicants, user groups, patent attorneys, paralegals, and others. The goal is to improve dialogue and ensure that the products and services delivered by the EPO are fit for purpose.

Decreasing Pendency Times for Patents

The EPO has made significant strides in decreasing pendency times for patent applications and increasing overall quality. Through an initiative called “Early Certainty”, the EPO guarantees that a search and written opinion will be delivered within six months of receipt. For examination and oppositions, the goals are 12 months and 15 months respectively for standard cases by the end of 2020.

Dealing with the Flood of Patents from Asia

Seegert acknowledges the flood of patents from Asia, particularly China, and the EPO’s efforts to effectively manage the vast and rapidly-rising amounts of Asian prior art. The EPO has developed a cooperative patent classification system (CPC) with the USPTO, which has become an accepted and actively used standard. This system harmonises patent classification and achieves new levels of precision, providing better access to prior art.

Examining Computer-Implemented Inventions (CII) at the EPO

Seegert explains that the EPO prefers to talk about CII instead of software as it is more precise. The EPO uses a two hurdle approach for CII: the first hurdle is the eligibility of the claims, and the second hurdle is the inventive step, which necessitates a technical problem that must be solved.

Advice for US Patent Applicants

Seegert advises US patent applicants to ensure that the algorithmic steps in their applications contribute to producing a technical effect serving a technical purpose. She also recommends ensuring that there is full and appropriate disclosure in the original application, and using multiple dependencies of claims rather than relating all claims back to claim 1 to solve issues with added subject matter.

Final Thoughts

Seegert believes that the EPO’s new strategy to further reach out to users is driving the organization in the right direction. By increasing its presence outside Europe and bringing it closer to key stakeholders, the EPO can enhance its products and services to suit the needs of all applicants. She is convinced that this close and continuous interaction serves the IP system at large and is fully aligned with the EPO’s mission to contribute to innovation and economic growth.