The 13th session of the WIPO Standing Committee on the Law of Patents (SCP) will take place from March 23, 2009 to March 27, 2009 in Geneva at WIPO headquarters. The WIPO Report on the International Patent System is the first substantive agenda item of the 13th session. This 228 page report covers topics ranging the gamut from patent pools, open standards, the Medical R&D Treaty, exceptions and limitations to patent rights, perceived threats to the effectiveness of patents as incentives to innovation including litigation and patent thickets, and the “innovation incentive in the context of public policy objectives” for health, ethics, biological diversity and traditional knowledge. This Report was first considered at the 12th session of the patent committee in June 2008; Member States and Observers to the SCP were permitted to provide written comments to the WIPO Secretariat on the Report until 31 October 2008. These comments will be reflected in the footnotes or annexes to the revised Report on the International System up for consideration at the SCP in March.
At its 12th session, the WIPO SCP
asked the WIPO Secretariat to establish, for the next session of the SCP, preliminary studies on four issues. These four issues, which are not to be considered prioritized over the other issues contained on the list referred to in paragraph 7, are the following:
– Dissemination of patent information (inter alia the issue of a database on search and examination reports);
– Exceptions from patentable subject matter and limitations to the rights, inter alia research exemption and compulsory licenses;
– Patents and standards;
– Client-attorney privilege;
Another output of the patent committee deliberations was the decision to convene a”Conference on Intellectual Property and Global Challenges” which will be held on July 13 and 14,2009, at the International Conference Centre in Geneva (CICG). The Conference will address issues relating to the interface of intellectual property with other areas of public policy, notably health, the environment, climate change, food security and disability.
These preliminary studies on patents and standards, exceptions from patentable subject matter and limitations to the rights, inter alia research exemption and compulsory licenses, client-attorney privilege and the dissemination of patent information are expected to be made available by the WIPO Secretariat in February 2009; these studies be discussed as agenda item 5 at the 13th session of the SCP.
These four issues on the agenda for March are among a broader list of non-exhaustive issues the patent committee is tasked to examine in its future work.
Here below is the Annex to the Summary by the Chair which lists the eighteen non-exhaustive list of issues for further elaboration and discussion in the future. This list includes such topics as “Economic impact of the patent system, Alternative models for innovation, Patents and health (including exhaustion, the Doha Declaration and other WTO instruments, patent landscaping) and Relation of patents with other public policy issues.”
LIST OF ISSUES
(in the order of their appearance in document SCP/12/3)
Economic impact of the patent system
Transfer of technology
Competition policy and anti-competitive practices
Dissemination of patent information (including the registration of licenses)
Standards and patents
Alternative models for innovation
Harmonization of basic notions of substantive patentability requirements (e.g. prior art, novelty, inventive step, industrial applicability, disclosure)
Disclosure of inventions
Database on search and examination reports
Opposition system
Exceptions from patentable subject matter
Limitations to the rights
Research exemption
Compulsory licenses
Client-attorney privilege
Patents and health (including exhaustion, the Doha Declaration and other WTO instruments, patent landscaping)
Relationship between the patent system and the CBD (Genetic resources/Traditional knowledge/disclosure of origin)
Relation of patents with other public policy issues
[End of Annex and of document]