[Ip-health] SCP27: WIPO patent committee agrees to future work on patent oppositions, exceptions and limitations, and patents and health
thiru at keionline.org
Fri Dec 15 07:17:51 PST 2017
On Friday afternoon, 15 December 2017, the 27th session of the WIPO
Standing Committee on the Law of Patents (SCP) agreed to a future program
of work that included the following topics: 1) Exceptions and Limitations
to Patent Rights, 2) Quality of Patents, including Opposition Systems, 3)
Patents and Health, Confidentiality of Communications between Clients and
Their Patent Advisors, and 5) Transfer of Technology.
The dates for the next session of the SCP have been scheduled from 9 July
2018 to 12 July 2018.
The text on future work is reproduced in full below.
AGENDA ITEM 13: FUTURE WORK
1. The Committee decided its future work as follows:
- The non-exhaustive list of issues will remain open for further
elaboration and discussion at the next session of the SCP.
- Without prejudice to the mandate of the SCP, the Committee agreed that
its work for the next session be confined to fact-finding and not lead to
harmonization at this stage, and would be carried out as follows:
Exceptions and Limitations to Patent Rights
- The Secretariat will continue working on a draft reference document on
exceptions and limitations. It will submit a second draft reference
document on exception [sic] regarding acts for obtaining regulatory
approval from authorities to SCP/28. In this regard the Secretariat will
invite Member States to send any additional inputs with respect to, for
example, challenges faced by Member States in implementing the exception
and results of the national/regional implementation. The Secretariat will
prepare a first draft reference document on the research exception, and
will submit it to SCP/29.
Quality of Patents, including Opposition Systems
- The Secretariat will prepare a further study on inventive step, giving
a particular attention to the topics suggested in paragraph 8 of document
SCP/24/3 (Proposal by the Delegation of Spain).
- A sharing session on opposition and administration revocation
mechanisms will be held at SCP/28. The session will address
national/regional experiences, challenges encountered and possible
solutions, among others.
- Member States will continue to share their experiences on cooperation
between patent offices in search and examination, including sharing of
information concerning the corresponding foreign applications and grants,
at SCP/28. Member States may address challenges encountered and possible
solutions, among other issues.
Patents and Health
- The Committee will continue exchanging information on publicly
accessible databases on patent information status and data, on medicines
and vaccines at SCP/28, taking the issues addressed in paragraphs 18 and 19
of document SCP/24/4 (Proposal by the African Group for a Work Program on
Patents and Health) into consideration.
- The Secretariat will update the feasibility study on the disclosure of
International Nonproprietary Names (INN) in patent applications and patents
(document SCP/21/9) and submit it to SCP/28.
- Member States will share their experiences with respect to enhancing
examiners capacity, particularly in small and medium-sized offices at
SCP/28. The Secretariat will report its technical assistance activities in
this area at SCP/28.
- The Committee will continue discussion on the revised proposal by the
Delegation of Canada, co-sponsored by the Delegation of Switzerland
(document SCP/27/8 and 8 Add.), at SCP/28.
Confidentiality of Communications between Clients and Their Patent Advisors
- Member States will continue sharing their experiences and court cases
in implementing the confidentiality of communications between clients and
their patent advisors through national legislation, including cross-border
Transfer of Technology
- Member States will continue sharing information on patent law
provisions that contributed to effective transfer of technology.
Knowledge Ecology International
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thiru at keionline.org
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