Today is day four of the second session of the International Patent Cooperation Union (PCT) Working Group of the Patent Cooperation Treaty (PCT) taking place at WIPO. Here below are the suggestions of the Group of Latin American and Caribbean Member States (GRULAC) would like to be incorporated into the recommendation of the Working Group to the PCT Assembly.The Members of GRULAC that are contracting-parties to the PCT Treaty suggest the addition of the following elements into the recommendation of the Working Group to the PCT Assembly.
The PCT system can and should function in a more efficient and responsive way to member-countries, users and third parties demands.
Discussions or further work for improving and reforming the PCT system must not lead to patent harmonization, nor diminish national patent offices current leeway to interpret and apply the three substantive patentability criteria (novelty, inventive step and industrial applicability). Neither must it undermine national patent offices autonomy to disagree with international search and examination reports.
Discussions or further work for improving and reforming the PCT system must be underpinned by a broad and extensive study aimed at identifying, analyzing and suggesting: (i) the background of the PCT reform process; (ii) the problems affecting the functioning of the system as well as their respective causes; (iii) options of ameliorating the system; (iv) the impact of a reform; and (v) the extension of the concepts contained in document PCT/WG/2/3.
Independent inventors, small-scale research institutions and small and medium-sized enterprises located in developing countries must be encouraged to increase their use of the PCT system through effective measures, such as fee reductions and capacity-building.
Discussions or further work for improving and reforming the PCT system must take fully into account the Development Agenda and its 45 agreed recommendations.