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[FYI] WIPO SCP
- To: debate@fitug.de
- Subject: [FYI] WIPO SCP
- From: "Axel H Horns" <horns@ipjur.com>
- Date: Wed, 30 May 2001 10:15:48 +0200
- Comment: This message comes from the debate mailing list.
- Organization: NONE
- Sender: owner-debate@fitug.de
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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