Proposal of Group B for Recommendation to the Assembly
The Working Group of the PCT recognizes the willingness of all Contracting Parties to commit to developing the PCT in order to meet the needs of all applicants, Offices, third parties and the general public. Following its discussion of the roadmap presented in the document PCT/WG/2/3, the PCT Working Group makes the following recommendations to the Assembly.
(1) The process for improving the effectiveness of the PCT within the existing framework of the treaty should be a step-by-step process to encourage effective use of the PCT, and does not seek to address matters of substantive patent law harmonization.
(2) The PCT Working Group and the Meeting of International Authorities, in its work to create a more effective PCT, should be guided by the general principles contained in PCT/WG/2 paper no. 3.
(3) The PCT Working Group and the Meeting of International Authorities should continue their work to improve the PCT, and in order to assist in understanding the implications of the Roadmap more fully, the International Bureau should also present to the PCT Working Group a document that includes more information on key elements of the roadmap. This document should build upon existing sources of information, and should explain the origins of perceived problems of the PCT; identify the factors that have led to the current perceived problems and further options for ameliorating them; and provide clarity on concepts such as, but not limited to, the meaning of “duplication” in the context of the work of International Authorities and national Offices, and “reducing unnecessary actions.”
(4) With the aim of encouraging global innovation the PCT Working Group should come forward with proposals to increase access to the PCT through effective measures such as fee reduction and capacity building for independent inventors and small and medium sized enterprises.