[FYI] WIPO SCP

["Axel H Horns" <horns@ipjur.com>]

http://www.wipo.org/pressroom/en/updates/2001/upd132.htm

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Update 132/2001  

Geneva, May 22, 2001  

MEMBER STATES INCH CLOSER TO GLOBAL HARMONIZATION OF SUBSTANTIVE 
PATENT LAW  

Member States of the World Intellectual Property Organization (WIPO) 
started discussions on harmonization of substantive patent law from 
May 14-19, 2001, at a meeting of the Standing Committee on the Law of 
Patents (SCP). Once completed, this process will create the basis for 
a more predictable and cost-effective international patent system. 
Representatives from 78 WIPO member states, five international 
organizations and 19 non-governmental organizations attended the 
meeting.  

The SCP discussed the first draft of the Substantive Patent Law 
Treaty (SPLT) which covers a number of basic legal principles that 
underpin the grant of patents in different countries of the world, 
such as the definition of prior art, novelty, inventive step (non-
obviousness), industrial applicability (utility), sufficiency of 
disclosure, and the structure and interpretation of claims.  

The present international landscape of patent law and practice is 
currently made up of a wide variety of legal regimes. The consequence 
of these divergences in patent laws and practices is that, in certain 
countries, a patent application may lead to the grant of a patent, 
whereas in others, a patent may not be granted for the same 
invention, or the patent may be invalidated after grant. In addition, 
lack of harmonization leads to increased costs for inventors and 
applicants, as well as for patent offices, due to duplication of 
work.  

The work of the SCP is designed to create a more predictable, cost-
effective and uniform patent system by complementing existing 
international structures which to date only partially achieve the 
objective of harmonization. The Patent Law Treaty (PLT), concluded in 
June 2000, harmonizes only patent procedures relating to national and 
regional patent applications and maintenance of patents, and although 
the Patent Cooperation Treaty (PCT) contains some principles of 
substantive patent law applicable to the international phase of an 
application submitted under the PCT, countries are free to apply any 
substantive conditions of patentability, either during the national 
phase of an international application or in the course of examining 
national patent applications..  

This initial round of discussion which was designed to promote better 
understanding of the concepts underlying different national laws and 
practices proved extremely fruitful. In terms of establishing a 
comprehensive and detailed overview of the issues at stake. This 
approach also revealed that, in certain cases, while the language of 
corresponding provisions used under different patent systems 
differed, the underlying legal principles and practices were in fact 
the same. The question of the interface between the draft SPLT and 
the PLT,as well as the PCT, was also raised and the Secretariat was 
requested to further study this issue.  

The SCP also discussed the disclosure of information on the Internet 
and its impact on patentability. The SCP agreed that in the first 
instance, it was necessary to establish general principles concerning 
prior art that would also cover disclosure of information on the 
Internet. The Committee would then consider the need to establish 
special provisions specific to Internet disclosures.  

The SCP decided to further discuss the draft SPLT based on revised 
draft provisions to be prepared by the Secretariat at its next 
session to be held in Geneva during the first half of November 2001  

For further information, please contact the Media Relations and 
Public Affairs Section at WIPO:  

     Tel: (+41 22) - 338 81 61 or 338 95 47 
     Fax: (+41 22) - 338 88 10 
     Email: publicinf@wipo.int. 

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