[Ip-health] KEI briefing note on the evolution of TPP negotiating text on patentable subject matter

Thiru Balasubramaniam thiru at keionline.org
Wed Aug 12 03:38:11 PDT 2015


Submitted by KEI Staff on 11. August 2015 - 17:26

This KEI briefing note traces the evolution of certain sections of the TPP
negotiating text on patents and patentable subject matter.

The analysis looks at the last three years of draft texts through the May
11, 2015 draft, with comparisons to the relevant language in the TRIPS
Agreement. While the U.S. and others seeking expansions of TRIPS
obligations have made some concessions over time, the May 11, 2015 proposed
text demonstrates that there is an emerging consensus on language that
would provide for expanded obligations to grant new patents involving known
products, including those associated with evergreening the monopoly
protection on drugs. There are also proposals to create a TPP standard for
the definition of usefulness or industrial applicability that may make some
types of patent reforms more difficult, as is discussed in more detail in
the briefing note.

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