[Ip-health] SCP27: WIPO patent committee agrees to future work on patent oppositions, exceptions and limitations, and patents and health

Thiru Balasubramaniam 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.


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.

Thiru Balasubramaniam
Geneva Representative
Knowledge Ecology International
41 22 791 6727
thiru at keionline.org

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