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
The second session of the PCT Working Group recognized the willingness of all Contracting Parties to continue efforts to improve the working of the PCT system within the existing legal framework, in order to meet the needs and enhance the acceptability of the PCT system to all applicants, Offices, third parties and the general public. In this context, the Working Group took note of the proposals in the draft Roadmap on ’The Future of the PCT’ and the discussions thereon.
2. The Working Group acknowledged certain concerns expressed by many Member States with regard to the draft Roadmap, and agreed that further work on improving the PCT system should be underpinned by a broad and extensive study, factoring in, but not limited to, the following elements:
(i) outlining the background of the PCT reform process;
(ii) identifying the existing problems and challenges facing the PCT system;
(iii) analyzing the causes underlying the problems;
(iv) identifying possible options to address the problems;
(v) evaluating the impact of the proposed options; and
(vi) defining and clarifying concepts, such as ‘duplication of work’, ‘unnecessary actions’ etc.
3. The Group agreed that any further work in this regard should adhere to the following Terms of Reference:
(i) It should focus on the international phase and not diminish, in any manner, the right of Contracting States to prescribe, interpret and apply substantive national conditions of patentability, nor undermine national or regional patent offices’ autonomy to disagree with international search and examination reports;
(ii) It should not lead to substantive patent law harmonization or harmonization of search and examination procedures;
(iii) It should fully take into account the Development Agenda recommendations, particularly recommendations 15, 16, 17, 20, 21, 22 and 44;
(iv) It should be a member-driven process, involving broad-based consultations with all stakeholder groups. The Secretariat (can) may, (whenever) wherever possible, organize regional information workshops to share national experiences and discuss practical proposals for implementation, with the participation of all stakeholders. The outcomes of these workshops shall be submitted to member states with the clear understanding that substantial discussions would take place in the relevant WIPO bodies in Geneva;
(v) It should encourage global innovation by enhancing PCT access for independent inventors and small and medium sized enterprises, particularly those in developing countries and LDCs, through fee reduction and capacity building measures; and
(vi) Provide technical assistance for national and regional offices of developing countries and LDCs in order that they may have benefit fully from the PCT system, particularly by facilitating participation of representatives from the Offices in the various PCT meeting.
8 May 2009 as of 10.15