Author: Thiru

May 8, 2009

The following text was submitted by the Like-Minded Group (India, Indonesia, Philippines, Sri Lanka, South Africa, Egypt) on Friday, 8 May 2009, for consideration by the PCT Working Group. It is a best endeavor to consolidate the four proposals made yesterday by the African Group, Group B, GRULAC and the aforementioned like-minded Group.

CONSOLIDATED PROPOSALS FOR CHAIR’S SUMMARY

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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.

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India, Indonesia, Philippines, Sri Lanka, South Africa and Egypt have just provided inputs for the Chair’s (Canada, Alan Troicuk, Senior Counsel, Canadian Intellectual Property Office), Summary of the Working Group of the Patent Cooperation Treaty (PCT). The Philippines made the intervention on behalf of the group of like minded countries.

Inputs for chair’s summary proposed by group of like minded countries

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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.

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In preparation for the 3rd meeting of the WIPO Committee on Development and Intellectual Property (CDIP), WIPO published a 31 page document (CDIP/3/2) on March 18, 2009 listing a roster of consultants for technical assistance the Organization employed from January 1, 2005 to December 31, 2008. This is a welcome step in providing greater transparency into WIPO’s technical assistance activities. Continue Reading →

The Summary by the Chair of the WIPO Standing Committee Committee on the Law of Patents’ (SCP) Thirteenth Session which took place in Geneva from March 23, 2009 to March 27, 2009 has been posted on the WIPO website.

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Thank you Mr Chair.

We take note of document 13/2’s assertion that “inherent tensions exist between patents and standards” particularly when the “implementation of a standard calls for the use of technology covered by one or more patents”.

For our detailed written comments on the issue of patents and standards we request the SCP to please consult pages 36 through 39 of Annex III of document SCP/12/3 Rev.2.

On the topic of patents and standards, we propose the following:

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Patents and Standards

The United States thanks the International Bureau for preparing the background paper on Standards and Patents, and we support the statement made by Germany on behalf of Group B.

Mr. Chairman, the United States supports and strongly encourages the use of open standards, as traditionally defined, that is, those developed through an open, collaborative process, whether or not intellectual property is involved.

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As mentioned in James Love’s blog today entitled Notes from Day One of WIPO SCP 13, the WIPO Standing Committee on the Law of Patents (SCP) is examining four key issues at its Thirteenth Session this week including Standards and Patents, Exclusions from Patentable Subject Matter and Exceptions and Limitations to the Rights, The Client-Attorney Privilege and Dissemination of Patent Information.

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The International Bureau has released a 47-paged paper in preparation for the 13th Session of the WIPO Standing Committee on the Law of Patents (23 March-27 March, 2009) entitled Exclusions from patentable subject matter and exceptions and limitations to the rights (SCP/13/3).

In its introduction to the treatment of patent exceptions and public policy, the paper asserts:

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