Quality is a fundamental pillar of the patent system, playing a pivotal role in fulfilling its primary objectives of promoting innovation, facilitating the dissemination and transfer of technology, and driving the overall technological, social and economic development of the country concerned. Ensuring that patents meet all the patentability requirements under the applicable law is essential to incentivize innovation and maintain the integrity of the system.

Mechanisms to ensure quality

Errors made during the patent granting processes and inefficiencies in patent administration cause legal uncertainty and increase costs for all users of the patent system: right holders, competitors, users of patent information, and the patent Offices themselves.

Consequently, various mechanisms have been built into the patent system, and additional measures have been developed by the Offices, to ensure that patent protection is only granted to inventions which fully comply with national legal requirements, and that grants are made in a timely and cost-efficient manner. Search and examination, third party observation and opposition mechanisms are examples of quality-related measures built into the system. In addition, practical guidelines for patent office employees and their training programs, codes of conduct for patent attorneys, and quality control and quality management systems have been instituted by many Offices. Owing to the increased internationalization of patent filings, the SCP is exploring ways to improve the quality of patents globally.

Dedicated Webpages (regularly updated)

SCP activities on the topic

In recent years, the SCP has undertaken various activities on the topic “Quality of Patents, including Opposition Systems”, including discussions of documents prepared by the SCP Secretariat and Member States’ proposals, as well as the organization of a number of sharing sessions addressing different aspects of this topic.

Documents prepared by the Secretariat

Studies, reports, and compilations

  • Artificial intelligence (AI) and Inventorship (SCP/35/7 and SCP/35/7 SUMM.)
  • Update of Document SCP/30/5 (Background Document on Patents and Emerging Technologies) (SCP/36/5)
  • Background Document on Patents and Emerging Technologies (SCP/30/5)
Dedicated Webpage (regularly updated): Expedited Examination Programs of IP Offices
  • Work-Sharing Programs among Patent Offices and Use of External Information for Search and Examination (SCP/20/8)
Dedicated Webpage (regularly updated): International Worksharing and Collaborative Activities for Search and Examination of Patent Applications
  • Report on WIPO’s Technical Assistance Activities Relating to Opposition Systems and other Administrative Revocation Mechanisms (SCP/31/4)
  • Opposition Systems and other Administrative Revocation and Invalidation Mechanisms (SCP/18/4)
  • Opposition Systems (SCP/17/9)
  • Opposition Systems (SCP/14/5)
Dedicated Webpage (regularly updated): Dedicated Webpage (regularly updated): Opposition and Administrative Revocation Mechanisms

Conferences, sharing sessions and presentations

  • Presentations by Technical Experts on the Use of AI Technology in R&D and for Generation of New Technical Solutions (Update by External Experts) (2024)
    - Presentations are available at SCP/36 under "Other related documents”
  • Sharing Session on the Use of Various Tools, Including AI, for Effective Patent Examination Procedures and Challenges Faced by IP Offices in Developing, Deploying and Using such Tools (2024)
    - Presentations are available at SCP/36 under "Other related documents”
  • Presentations by Technical Experts on the State of Play Regarding AI Generated Inventions (2023)
    - Presentations are available at SCP/35 under "Other related documents”
  • Sharing Session on the Use of Artificial Intelligence for Patent Examination Procedures (2023)
    - Presentations are available at SCP/35 under "Other related documents”
  • Sharing Session on the Patentability of Inventions Using Artificial Intelligence and by Artificial Intelligence (2022)
    - Presentations are available at SCP/34 under "Other related documents”
    - Report of the Sharing Session on the Patentability of Inventions Using Artificial Intelligence and by Artificial Intelligence (SCP/35/8)
  • Presentations by Technical Experts on the State of Play Regarding AI Generated Inventions (2023)
    - Presentations are available at SCP/35 under "Other related documents”
  • Sharing Session on Expedited Patent Examination Mechanisms at IP Offices (2022)
    - Presentations are available at SCP/34 under "Other related documents”
  • Sharing Session on the Use of Artificial Intelligence for Examination of Patent Applications (2021)
    - Presentations are available at SCP/33 under “Other related documents”
    - Report of the Sharing Session on the Use of Artificial Intelligence for Examination of Patent Applications (SCP/34/4)
  • Sharing Session on the Patentability Issues Relating to Artificial Intelligence (2020)
    - Presentations are available at SCP/32 under “Other related documents”
  • Sharing Session with Respect to the Use of Artificial Intelligence (AI) for Examination of Patent Applications, and Information Relating to WIPO’s Technical Assistance Activities Relating to Use of AI as Tools for Patent Offices (2019)
    - Presentations are available at SCP/31 under “Other related documents”
    - Report of the Sharing Session with Respect to the Use of Artificial Intelligence (AI) for Examination of Patent Applications, and Information Relating to WIPO’s Technical Assistance Activities Relating to Use of AI as Tools for Patent Offices (SCP/32/4 and SCP/32/4 CORR.)
  • Sharing Session on Approaches Used by Delegations to Ensure the Quality of the Patent Grant Process Within IP Offices, Including Opposition Systems (2019)
     - Presentations are available at SCP/30 under “Other related documents”
  • Half-Day Conference on Cooperation Between Patent Offices in Search and Examination, Including Sharing of Information Concerning the Corresponding Foreign Applications and Grants (2018)
    - Presentations are available at SCP/29 under “Other related documents”
  • Sharing Session on Cooperation Between Patent Offices in Search and Examination, Including Sharing of Information Concerning the Corresponding Foreign Applications and Grants (2018)
    - Presentations are available at SCP/28 under “Other related documents”
  • Sharing Session on Further Examples and Cases Relating to Assessment of Inventive Step (2017)
    - Presentations are available at SCP/27 under “Other related documents”
  • Sharing Session on Examples and Cases Relating to Assessment of Inventive Step (2016)
    - Presentations are available at SCP/25 under “Other related documents”
  • Presentation on CADOPAT, a Support System for Patent Applications Management (2016)
    - Presentation available at SCP/24 under “Other related documents”
  • Presentation by the Secretariat on its Webpage Concerning Work Sharing and Collaborative Activities with respect to Search and Examination of Patent Applications, including WIPO CASE (2016). For the discussions, please consult the report of SCP/24.
  • Sharing Session Regarding Experiences on International Work Sharing and Collaboration (2014)
    - Presentations are available at SCP/21 under “Other related documents”
    - Summary of the Sharing Session (SCP/21/REF/A/WS/SUMMARY_WORK SHARING)
  • Sharing Session on Experiences of Experts from Different Regions on Inventive Step Assessment in Examination, Opposition and Revocation Procedures (2015)
    - Presentations are available at SCP/23 under “Other related documents”
  • Sharing Session on Cooperation Between Patent Offices in Search and Examination (2017)
    - Presentations are available at SCP/27 under “Other related documents”
  • Sharing Session on Opposition and Administrative Revocation Mechanisms (2018)
    - Presentations are available at SCP/28 under “Other related documents”
  • Sharing Session on Approaches Used by Delegations to Ensure the Quality of the Patent Grant Process Within IP Offices, Including Opposition Systems (2018)
    - Presentations are available at SCP/29 under “Other related documents”

Other related information

Proposals and Comments by Member States

  • Proposal by the Delegation of the United States of America for an Information Exchange on Expedited Patent Examination Mechanisms at Intellectual Property Offices (SCP/33/4)
  • Revised Proposal of Document SCP/31/8 by the Delegations of Brazil and Spain (SCP/31/8 Rev.)
  • Proposal by the Delegation of Brazil (SCP/31/8)
  • Revised Proposal of Document SCP/28/7 by the Delegations of France and Spain (SCP/30/9)
  • Proposal by the Delegations of the Czech Republic, Kenya, Mexico, Singapore and the United Kingdom (SCP/28/8).
  • Proposal by the Delegation of Spain (SCP/28/7)
  • Proposal by the Delegation of Spain (SCP/24/3)
  • Proposal by the Delegation of the United States of America on the Study of Worksharing (SCP/23/4)
  • Proposal by the Delegations of the United Kingdom and the United States of America Regarding Worksharing between Offices in order to Improve Efficiencies of the Patent System (SCP/20/11)
  • Questionnaire on Quality of Patents: Proposal by the Delegations of Canada and the United Kingdom (SCP/18/9)
  • Quality of Patents: Comments Received from Members and Observers of  the SCP (SCP/17/INF/2, SCP/18/INF/2 and SCP/18/INF/2 Add.)
  • Proposal by the Delegation of the United States of America (SCP/17/10)
  • Revised Proposal from the Delegations of Canada and the United Kingdom (SCP/17/8)
  • Proposal by the Delegation of Denmark (SCP/17/7)
  • Proposal from the Delegations of Canada and the United Kingdom (SCP/16/5)

 Questionnaires

Questionnaire on the Term “Quality of Patents” and Cooperation between Patent Offices in Search and Examination  PDF, Alternatives to Patent Search and Examination

  • Updated Responses to the Questionnaire on the term “Quality of Patents” and Cooperation between Patent Offices in Search and Examination (Part 2) (SCP/27/5 Rev.)
  • Updated Responses to the Questionnaire on the Term “Quality of Patents” and Cooperation between Patent Offices in Search and Examination (Part 1) (SCP/27/4 Rev.)
  • Responses to the Questionnaire on the Term “Quality of Patents” and Cooperation between Patent Offices in Search and Examination (Part 2) (SCP/26/4)
  • Responses to the Questionnaire on the term “Quality of Patents” and Cooperation between Patent Offices in Search and Examination (Part 1) (SCP/26/3)