This refers to “Developing nations slam WIPO reform suggestions” (June 23), which talks about discussions at the most recent session of the Patent Cooperation Treaty (PCT) Working Group, held in Geneva from June 14 to 18. The PCT Working Group discussed a WIPO study entitled “The need for improving the functioning of the PCT system”, which examined, from a variety of perspectives, how PCT is measuring up to its stated aims.
During the discussions on the study, developing countries did not, as the article claims, “slam WIPO reform suggestions”. The article correctly states that, during the discussions, delegations from some developing countries “cautioned against an increased reliance on international search and examination reports”. Those delegations, indeed, restated the position that they did not favour the principle of automatic validity of international search and examination reports, and that national patent offices should not be under any obligation to accept any report by another national patent office. However, it should be noted that this position is shared by all member states and that no proposals — neither by WIPO nor by any other party — were made to the contrary.
The PCT’s international search and examination reports provide an option whereby offices may, if they so wish, exploit the outputs of other national offices. It should, however, be stressed that it remains the sovereign right of each member state to determine if — and to what extent — such reports might assist some or all of the national search and examination of a patent application.
In the week-long discussions within the PCT Working Group, agreement was reached on a series of recommendations to enhance the PCT’s contribution to improving the quality of granted patents and to making the international patent system more useful to developing countries.
Claus Matthes,
Director,
PCT International
Cooperation Division, WIPO