The international patent reform plans pursued by the World Intellectual Property Organization (WIPO) have been criticised by several developing countries, including India, after they felt it may have an impact on the decision-making powers of national patent offices.
The developing nations have cautioned against an increased reliance on international search and examination reports issued by International Search Authorities (ISAs) for respective national patent offices with respect to scrutiny and grant of international patents.
United under a newly formed Development Agenda Group (DAG), a bloc of 20 WIPO members expressed its concerns at the meeting of the Patent Cooperation Treaty (PCT) Working Group held in Geneva last week. The PCT system allows an applicant to seek patent protection simultaneously in several WIPO member-countries by filing an international patent application. The application is then subjected to an “international search” carried out by offices designated as ISAs and optionally followed by a preliminary examination performed by an International Preliminary Examining Authority (IPEA). Apart from India, the group includes Brazil, South Africa, Indonesia, Malaysia, the Philippines, Pakistan, Sri Lanka, Cuba, Egypt and Iran.
DAG, in its common statement to the PCT Working Group, said it was against “automatic validity of international search and examination reports”. It also pointed out that international search and examination reports could not be fully relied on by national patent offices.
The group felt technical assistance for strengthening national patent offices should be the key component of the PCT reform. “Developing nations should be provided enhanced access to effective search systems and good search databases at subsidised rates to facilitate better quality of search and examination,” it said.
Stating the PCT treaty mandated transfer of technical expertise to developing countries, DAG said the working group never reviewed or addressed this issue.
The group stated the promise of transfer of technology through adequate disclosure in patent applications was the primary benefit that developing countries were supposed to derive from the PCT system. However, this important issue has not been considered by the working group, DAG complained, adding that this was a critical issue from the perspective of maintaining the right balance between the holders of rights and public interest.
