Group B proposal on Future Work regarding Patent Quality

1. Recalling that the SCP was established to serve as a forum to discuss issues, facilitate coordination and provide guidance concerning the progressive international development of patent law,

2. Noting that the objectives of the patent system are to promote innovation and foster technological and economic development and that, in order to meet the above objectives, that patent system must be well-functioning and balance the interests of inventors and patent owners with the interests of third parties and the public, in particular by assuring:

– Granted patents of high quality through appropriate application of patentability requirements;
– Effective dissemination of patent information to IP Offices and the public;
– Legal certainty for innovators, patent owners and third parties,

3. Stressing the importance of a well functioning patent system for countries at all level of development,

4. The SCP shall establish a work program elaborating options, measures and conditions, both legal and practical, that would be required to ensure and, where necessary improve, the issuance of high-quality patents.

In order to achieve this objective (high quality patents), the following steps may be undertaken as part of the SCP work program:

a) Exchange of information on laws and practices applied in member countries relating to the quality of patent application and patents (such as database on search and examination reports; dissemination of patent information; substantive patent law/ inventive step);

b) Identification of those measures that are particularly suitable to guarantee and improve the quality of patents worldwide, and

c) Elaboration of recommendations in respect of such legislative and practical measures for the benefit of WIPO members.

5. In establishing the work program, due attention shall be given to avoiding duplication of work already undertaken in the framework of other WIPO Committees.