[[transcripts generated automatically by WIPO speech-to-text]]
Good morning, everyone, I think we are ready to get started.
Honorable Delegates, Ladies and Gentlemen, On behalf of the Director General, it is a great pleasure to welcome you to the 33 rd session of the Standing Committee on the Law of Patents.
Despite the limitations imposed by the pandemic, we expect over 260 members and observers to join us this week, this is a powerful testament to your personal commitment to the Committee and the
Importance of the work of the SCP. Ladies and Gentlemen, I would like to begin by briefly surveying the global landscape in which the SCP operates. Data from WIPO shows that
Patent applications increased by 1.6% last year, when the global economy was experiencing its deepest downturn in modern times, this continued growth stands in start
Contrast to the last great crisis we faced, the global financial crisis of 2008, which led to a nearly 4% decline in patent applications around the world, and
The remarkable resilience of patents over the last 20 months tells us three things: One, the patents are an increasingly important driver of economic growth and development; two, the patent filing is
We are coming more important to more countries around the world and three, that we must work together to strengthen the global patent ecosystem on which this activity depends.
We all understand that the law on patents is intimately connected to the development of new technologies and innovation ecosystems around the world, we also know that both of these elements are essential
To constructing a post pandemic recovery that is robust, sustainable and fair. With this in mind, I hope that we are able to build upon the positive outcomes reached during the most recent sessions of the SCT
SCP, as well as continuing the open, positive and constructive spirit that has long been a hallmark of this Committee. This is how our deliberations translate into real impact
On the ground, ladies and gentlemen, turning to the agenda before us, I would like to highlight five key elements of the SCP's work: First, the Committee has collected
And shared an impressive amount of information in the field of patents. The collection of information is a valuable output of the Committee and the one that assists the development of national and regional patent systems
For example, the SCP has systematically collected a wide range of information on nine types of exceptions and limitations to patent rights found in Member States.
Encompassing not only legal provisions but also the underlying policy considerations in the practical challenges involved second.
The SCP is exploring ways to improve the quality of patents globally the SCP has studied and discussed various issues including worksharing on search and examination between patent offices.
Opposition systems administrative revocation and third party observation sufficiency of disclosure and substantive patentability criteria such as the inventive step.
This work has proven helpful to national and regional IP offices as they confront the practical issues that they face day-to-day.
Considerations relating to patent quality cannot ignore technological developments, the Committee's discussion on how artificial intelligence could influence patent administration and examination is therefore at
Key area of work. Third, the Committee is focused on the late between patents and public and global public health. The Committee takes a holistic approach to tackling public health issues.
The SCP has carefully considered the patent related flexibilities and public health the sharing of national experiences and challenges faced by Member States, particularly in developing countries.
Continues to be a useful source of reflection for delegates in the WIPO International Bureau heightened public concern exists about the accessibility of research results vaccines.
In medicinal and medical products in addition the critical importance of the medical technology value chain including R&D, medical regulation, procurement, distribution,
And responsible use has been highlighted during the pandemic. As stressed by the Director General on many occasions, the International Bureau of WIPO stands ready to be a part of the solution and to assist in support
Or Member States with its mandate. Fourth, the Committee is considering the role of the patent system in supporting effective technology transfer. As the SCP continues its work in this
It is important to acknowledge that the concrete example shared by Member States around these provisions have helped to illustrate best practices on the use of patents as a tool to promote the transfer of
Technology and fifth, the Committee will continue to reflect on recent developments and experiences with respect to confidentiality of communication between clients and their patent advisors.
Non lawyer patent agents are playing an important role in the patent grant process when the clients of these patent agents are involved in patent disputes in foreign countries, a question arises as
To how the confidential advice from these agents should be treated. This question which has an international dimension remains open at the moment. As with so much of our work, the ultimate
Answer will only be reached through multilateral engagement and dialogue. Honorable Delegates, ladies and gentlemen, while we have a substantive agenda before us this week, I am confident that the Committee will continue
We knew it is important impactful and meaningful work in support of the global patent ecosystem, as always, my colleagues in the Secretariat stand ready to assist you as the Committee proper
Committee progress its discussions and I would like to thank you for your continued support of the SCP especially during the exceptional circumstances that we continue to face.
Now, before I go to the next agenda item, I would like to introduce Andre Djibouti, he is sitting over here, Andrews will be the new director of the patent and technology
Law division, he will start with us on January 15. He was formally the acting Vice-President of the Hungarian IP Office and currently is the Chief IP Advisor at the Budapest
University of technology and economics, he is here on a house handling trip which I understand has been successful, so we look forward to welcoming him to Geneva and to WIPO.
Okay. Now I would like to turn to agenda item 2,
I would like to invite the regional group coordinators to present any proposal for a Chair and two Vice Chairs of the SCP
He who will serve as officers for one year.
At this time, if there are any regional coordinators that would like to take the floor, please.
I believe France has raised there.
We have the honor to propose that Mr. Leo Podo.
Elder, the Spanish Patent and Trademark Office continues his work as Chairman of the Standing Committee on Patent Law. We also propose Ms. Bertha Davas.
Director-General of Industrial Property of Paraguay and Ms. Lucretia Marchrova, Director of the Patent Department, the Industrial Property Office of the
Slovak Republic as Vice-Chairs.
The Delegation from Georgia, please.
Thank you very much, CEBS would like to second the nominations made by the delegation of France, thank you.
Applause). Thank you.
Thank you very much, the delegation of Paraguay, you have the floor.
We would like to second the nomination made by France on behalf of Group B and supported by CEBS.
Delegation of Venezuela, you have the floor.
The Delegation of Venezuela supports the proposal made by France, we wish to say that for one year we had one of the Vice -
Chairmanships of the Committee, unfortunately because of the pandemic, we were unable to cooperate sufficiently with the Committee for that reason, but we
Hope to be able to do so as directorate of patents in Venezuela and we participated actively this year supporting
The new management thank you very much.
Thank you very much, are there any other Delegations that would like to take the floor at this time?
I am not seeing any, I would like to confirm the two Delegations.
For the chair would be Mister Leopodo Belder Soriano from Spain and vice chair Miss Berter Davalus from Paraguay.
Applause). Thank you.
Are there?
Say I are teeming for you to see you, Chitra.
Delegation of Georgia, please, thank you very much and yes, actually we put forward the nomination
From the Republic of Slovakia, a day which has been now also mentioned by the Delegation of France. Thank you. I apologize that I missed that.
Okay. Any other Delegations or regional coordinators like to make any other nominations?
Okay. As I hear no objections, I consider that the following delegates are elected for a Chair and Vice-Chairs, the Chair
Mister Leo Poldo Belle de soiano from Spain and two vice chairs misberto Davelos from Paraguay and Miss Lucretia Marcocova from Slovakia.
Any regional quarter or use of Delegations who wish to take the floor again at this time, yes, the Delegation of Venezuela.
No? Okay.
Is there any Delegation who objects to the election of these three candidates?
Okay. As I heard no objection, these three delegates are elected for the Chair and the two Vice-Chairs, so at this time, may I ask the Chair to
Please come, join us on the podium.
Mr. Chair, I turn it over to you, thank you and congratulate you.
The delegates of the Member States of the Committee as also the regional coordinators, I thank them for the trust they have shown in me.
And elect me to chair this committee for the second time I would also like to thank Group B for having proposed me as candidate and to congratulate the two Vice-Chairs.
I am sure I can count on your cooperation in chairing this committee and also on their replacing me of this
Is necessary as I pointed out previously the under director of patents and technology we have had a couple of years of pandemic now that.
The patent system has played a major role thanks to technological innovation in this way we have been able to.
Use a very powerful tool for concerning vaccines, medicines as a result of new technologies and
They in turn have been driven by the patent system, also for months and years we have been discussing in different fora, various means of transfer of technology.
To facilitate access to vexi vaccines diagnostic tools so here WIPO plays a major role
As you will see in the agenda which I hope will be shortly adopted we have many studies and we expect to hold meetings for an exchange of information and to hear presentations.
But I think we have even more content than before so I would like to ask the various regional coordinators and delegates of Member States.
Under the various agenda items of the Committee to make suggestions and proposals in order to help us in our future work so that in the forthcoming sessions we
Will have more substance to deal with than this in turn will enable us to benefit from the possibilities of this committee provides us with in terms of having a single multilateral forum.
With representatives from throughout the world, and in this way as now we will be able to discuss substantive issues relating to patent law, we are now going to
Again, with a few announcements on organizational aspects, the 33 rd session.
We will take place between today and Thursday the night between 12 and 2: 30 central European time, those who are working in the room.
Can take the floor as usual, and those that are participating remotely can do this through the antified platform as to the order of statements, it will be as usual, first of all, the regional coordinators, and
Followed by the delegates of the Member States, then intergovernmental organizations and lastly non-governmental organizations or NGOs.
As you will have seen when looking at the agenda which was put out on the web page of the Committee, we have far less time than usual in this Committee less.
And half in fact, in terms of days, so I should like to ask you to keep your statements as succinct as possible.
If you wish to provide more information to delegates, you can send your more extensive written statements to the Secretariat of the Committee which will
Publish them on the web page through the electronic Forum of WIPO, I now give the floor to the Secretariat, Elisha Joginson,
So these are some administrative matters just to go over quickly, if you will recall that some of the main instructions on the platform.
Forms features. First, the event chapped, chat to all participants should not be used for comments, questions or conversations among participants among participants in the session. The only time when the Delegate should
Use the event chat is to raise a point of order. The event that will be used occasionally by the Chair, Secretariat, interpreters and technical support staff to communicate to all audience. For technical questions, delegates should contact
A technical support team via the moderator chat or the private chat on the INTERPRIVIVE platform or use an INTERPRIVE help line telephone number which was provided to remote participants with the joining instructions.
To request the floor, remote delegates are invited to press raise hand for participants present in the room asking for the floor remains unchanged, pressing the microphone button in front of you.
And it is particularly challenging and virtual meetings as we all know, delegates are strongly encouraged to use a headset and a microphone enabled the web camera when taking the floor and speak slowly and clearly you are also encouraged
To send your statements in advance to the interpreters or the SCP Secretariat who will send them to the interpreters. Only those participants who have registered will appear in the list of participants.
A simulation transcription function is available in six languages on the INTERPRIVED platform is noted by the chair if a full written statement is submitted following a short oral intervention.
Or a written statement is submitted in the place of an oral statement the Secretariat will post them on the SCP electronic form website written statements to be submitted to SCP dot Forum at WIPO that.
INTA with respect to the WIPO GA decision to replace the verbatim reports of WIPO meetings in line with that decision of the 2021 Assemblies the verbatim reports of the SCP
Sessions will be replaced by the automated speech to text transcripts and translations, synchronized with the video recording. Accordingly, the report of the current session will be made available in that form. The
In order to help improve the automated speech to text technology, delegations are requested to provide corrections of substantive nature to the Secretariat, preferably as soon as possible, but no later than for
Four weeks prior to the next session of the Committee. As to the provisional list of participants that will be published on Monday, Prov 2 will be sorry, the ones for Monday Prov 2 will be published on the last
Day after an one week commenting period, the Secretariat will finalize the list of participants. Mr. Chair, that is the end and I turn it back to you. Thank you. Yes.
Thank you the next item is the adoption of the agenda of the Committee as you will have seen the list of documents is on the web.
This is document 33/1 Prov 2. It is a revised version of the Committee's agenda.
We have a new document, 33/4 under item 7.
Which concerns the quality of patents including opposition systems, this document contains a proposal from the US delegation.
Concerning exchange of information on mechanisms for examining patents in IP offices.
Document 33/INF/Rev is an agitated agenda and also there is a suggestion for how to use our time in the next few days and it is
Published in the six official languages of WIPO as to the general statements, if there are any, before item 5,
Which concerns the international patent systems we will hear those and because there is limited time available these statements must be as brief as possible.
In principle, both at the opening and closing of the Committee, we will give the floor only to the regional coordinators, the states members, the individual states members,
And IGOs as also NGOs will have to send their statements to the Secretariat in writing so they can be published on the electronic form of the committee.
Also every agenda item will make available some time for general statements from Member States, regional coordinators and absorb observers.
As of day two at the beginning of the session or meeting I will give you a summary it will be the Chair's summary concerning what took place the previous day and also.
So that you can look at this previously, I will send you a copy of that summary through the Regional Coordinators and also the
Overall summary the Chair's overall summary on the committee's work will be provided on the last day under item 12 of the agenda.
Because of the availability or otherwise of speakers presentations concerning public databases with
Information on the legal status of patents concerning medicines and drugs, medicines and vaccines which comes under patents and health will take place irrespective of
At how the work goes in this committee but this item must absolutely be discussed on Wednesday at midday European time also.
The timeline is just meant by way of guidance, if any change does take place, I will let you know,
Lastly, and we insist upon this, because we do not have much time available for discussions, if any
Statement happened to be too long, unfortunately I will have to put a stop to it. If there are regional coordinators that wish to make comments or members
Date concerning the agenda suggested, I am ready to hear that proposal, if not, we consider that the agenda is adopted.
Applause). Thank you.
The next item on the agenda is the
With the admission of an observer, it is in document 33/2, we have received a request from the NGO in to
Like to all property international fora, Quebec for big, which seeks to be an ad hoc observer for the sessions of this Committee.
You will find detailed information regarding this organization in the annex to document 33/2 we must make a decision as to whether we.
Except their admission as observers is there any delegation or regional coordinator of wish to speak to the admission of this observer.
Seeing none.
The organization for PIC is admitted as an observer to this Committee.
Now, regional coordinators, should they wish to, may make the general statements, general opening statements?
The African Group, you have the floor.
I am making the statement on behalf of the Africa Group, Mr. Chair, the Africa Group congratulates you on your reelection as Chair of the SCP.
We assure you and newly elected Vice-Chairs of our group's full support as you lead this important Committee towards achieving tangible outcomes, the group also extends its appreciation to the Secretariat for the thorough preparations for this session of the SCP.
Mr. Chair, despite not engaging in normative work, the work of the SCP remains relevant and important for sharing of experiences and views on how to shape the patent system to better serve public policy objectives of Member States.
The patent system continues to be indispensable in fostering innovation and thus unleashing the injury of mankind for the benefit of society, the proper functioning of the patent system is therefore
We shall not only for the credibility of the IP system but for human advancement through innovative technologies and products that lead to better quality of life for striving, striving to reduce home and suffering, to achieve this, the patent system
And should provide a balance between interest of rights holders and the legitimate interest of the public to access to knowledge and innovation. While one of the main functions of the patent system is to disseminate technical informative
Information and promote technology transfer. Unfortunately, the system's shortcomings have led to impediments to the division of innovative technology more widely, as well as to access to affordable medicines for all, and
The ongoing COVID-19 patent pandemic has further exposed the shortcoming of the patent systems as millions of people, particularly from developing countries, continue to lack access to critical medical products.
Including vaccines that are necessary for the treatment and containment of the virus. In this regard, the group considers that discussions under the agenda item on patents and public health as important for facilitating a coordinated top
Approach to the legal and policy factors affecting the production and dissemination of affordable and essential medicines, the group reiterates its call for the review of existing research on patents and access to medical products and health technologies
To be extended to cover the period from 2018 to 2021 given the global public health emergency there are cats since the conclusion of the current review we underscore the importance of all agenda items before this committee.
And we will engage constructively to contribute to productive discussions that will ensure progressive international development of patent law, discussions on exceptions and limitations to patent rights quality of patents and opposition systems.
Confidentiality of communications between patent attorneys and their lands and technology transfer are all important elements of our work and we hope that continued deliberations on this will produce concrete outcomes. Finally, the group also
We look forward to the sharing session on the use of artificial intelligence for examination of patent applications.
Delegate of South Africa. On behalf of the African Group, Paraguay now has the floor on behalf of GRULAC followed by India and then France. Paraguay, you have the floor.
Thank you, Chairman, the delegation of Paraguay speaks on behalf of GRULAC, first of all, we would like to congratulate you for your election as Chairman of the Committee and also the Vice -
Mr. Chairman, we would also like to thank the Secretariat for the preparation of documents for this meeting, the work of this Committee is particularly relevant to GRULAC, exceptions and limitations, quality of patents
The patents and health and transfer of technology are crucial importance, particularly in the states which is continuing to struggle against the pandemic.
WIPO's principal body and the area of IP, services forum for the work of this Committee, and this Committee works in vital areas for the development
Of Intellectual Property as to the question of health and vaccinations and the use of AI in
For the examination of patents and the document 31/5 also contains the information as to the worker on patents and access to medication and these are important
Examples of this Committee's contributions, I would like to reiterate our group's commitment to participate constructively in the work of the Committee.
And now I give the floor to the Delegate of India on behalf of the Asia-Pacific Group, India, you have the floor.
You, Mr. Chair, in the honor to deliver this statement on behalf of the Asia-Pacific Group, the APG congratulates you and the Vice-Chair on your election, Mr. Chair, we are confident
And in your leadership to steer this Committee towards a successful outcome and assure you of our full cooperation APG would also like to express its appreciation for the Secretariat
For excellent preparations made for this session, Mr. Chair, the APG believes that the work of this Committee is critical in creating a right balance between rights of patent holders.
And the larger public interest, especially in the areas of public health and technology transfer and their role in combating the COVID-19 pandemic, the discussions in this committee must take into account.
Challenges that the COVID-19 pandemic continues to pose. As regards the report on the international patent system, the APG looks forward to discussions and information sharing on recent development
In national or regional patent laws we also look forward to discussions on exceptions regarding prior use which would help in drawing comprehensive and competitive insights under applicable laws of the Member States.
On quality of patents, the APG looks forward to discussions on the study of mechanisms and measures employed by patent offices in the patent granting process adapted to their respect
We also welcome the information sharing session on different approaches by national and regional patent offices to expedite examination of certain patent applications.
Mr. Chair, the APG believes that discussions in WIPO ought to give primacy to the issues of public health and transfer of technology, especially in view of the current situation.
A COVID-19 pandemic continues to pose grave challenges there is a need to take urgent actions on affordable accessible and equitable medical countermeasures.
We believe that discussions in WIPO should have a sharp focus on the interface between IP and public health and technology transfer which are critical in responding to COVID-19.
On the need to improve accessibility and affordability of vaccines, therapeutics and diagnostics required to combat COVID-19. Members of the APG would intervene on
Specific agenda items during this session. We look forward to a productive and successful session under able guidance. Thank you, Mr. Chair. Thank you.
India on behalf of Asia Pacific Group now France will speak on behalf of Group B followed by Georgia, CEBS and finally China.
Thank you, Chairman, Group B would like to congratulate you and your vice chairman on
Your election, we are sure that with your experience within SCP past, we will be able to progress our important work under your guidance, we will
Would also like to thank the Secretariat for organizing the session and thank Member States, delegates for joining in person and remotely for their commitment to making this session as
Success. Group B welcomes the work of SCP/32 in December 2020 on the basis of a balanced work program. We believe that we will continue to maintain this
Positive and collegial spirit fostered through the productive engagement of members in recent sessions of the SCP the SCP is the only form of its kind.
A fostering and hosting technical discussion of
Of the substantive patent law concepts, Group B believes that the
Innovation, there remains work to be done to better understand the connection and to make it work with the benefit of all
WIPO has a role to play in fostering productive debate which takes into account.
Views within the Committee and
This week's third agenda items will contribute to the development of a balanced and effective patent system that supports innovation with the benefit of all we will now speak briefly to.
On the agenda as to exceptions and limitations, Group B remains committed to engaging constructive discussion on exceptions and limitations
Patent rights, while these discussions are balanced and take into account the interest of all stakeholders, including rightsholders and the general public, this debate should not duplicate efforts already under
Way at WIPO and elsewhere and should be in line with the mandate of the SCP and WIPO itself. This is also true for technology transfer.
Quality of patents remain a priority issue, we are pleased to see that the study on the quality of patent grant process for discussion is once again on the agenda by ensuring that protection is
Granted only to those innovations that meet patentability criteria consistent with international obligations, patent quality and opposition systems support access to innovation, and
As noted at the SCP 31, many IP offices explore the role of AI technology in supporting the patent examination process.
We welcome the opportunity to discuss some of the policy issues relating to AI at the 4, WIPO, AI and IP.
Conversations with the
We are willing to look at these issues in more detail as part of the work of this committee, we need to create an evidence-based database drawn from practical experience in the area
As AI becomes increasingly a part of IP rights branding process and the potential questions which rise, the question of confidentiality of
Communications between clients and their patent advisors is of great interest to Group B, the protection of this relationship impacts the quality of the patent process and the quality of patents in general.
Users of the patent system have repeatedly expressed the need to work in an environment of trust throughout the entire prosecution process and in particular in cross-border system.
Group B would like to thank the Secretariat for keeping the electronic Forum after date which contains information on national and regional patents and would like to thank all those countries which provided up-to -
To the Secretariat, as part of this exercise, which further consolidates the important tool that the electronic Forum website provides, in closing we look forward to a constructive
Session in the positive spirit of prior meetings, thank you, Mr Chairman.
I now give the floor to the delegation of Georgia on behalf of CEBS Group.
And your Vice Chairs on your election and we wish you all the success in chairing the 33 rd session. At the same time, we would like to thank the Secretariat for preparation and engagement ahead of this week.
It is the first time the Standing Committee on the Law of Patents meets this year and the Member States have the opportunity to resume discussions on the subject matters we have on our agenda.
SCP is a people to a platform to discuss both current trends and future developments of the patent system, the relevance of the topics is a demonstration of this role.
Our group reiterates its support for advancing the work of the Committee on the Quality of Patents, we support the enhancement of cooperation among the Member States as we believe that the exchange of information
In this regard, it is of our special interest to share experiences and exchange information on the use of artificial internal
Regions to examine patent applications. High quality patents are essential to ensure that the patent system incentivizes innovation, facilitates knowledge transfer and rewards new
Developments, and well functioning patent system is a priority and facilitates the socioeconomic development of the countries and regions. Furthermore, we stress the particular inter -
Rest in the issue of confidentiality of communications between clients and their patent advisors. We believe that the time is ripe enough to start the development of the harmonized international
Mr. Chair, despite running the risk of repeating ourselves during this week, when it comes to the question of exceptions and limitations, we would like to emphasize once more our belief
That the proper balance between the interests of rights holders on the one hand and of the general public on the other must be achieved. Needless to say, together with all the mentioned priorities of our
Group, the issue of IP and house is at the center of our attention. By now hardly anyone is surprised by the constant new terms of this pandemic, consequently
The actuality of this topic is high the year of twenty twenty one in WIPO predominantly was marked by a positive and constructive spirit as the year is approaching its end.
We hope to find more synergies and common lines by building upon the existing fundamental and getting broader to harmonizing substantive patent law, and in light of an intensive week ahead of us, Mr. Chair, let me
Assure you once more of the constructive engagement and support of CEBS group in the work of this Committee.
On behalf of CEBS, I now give the floor to the Delegation of China intervening remotely.
Applause). Thank you.
Thank you, Chair, first we would like to congratulate you and the two Vice-Chairs for your election. We thank the Secretariat for the preparatory work. SCP has provided a good platform
Four countries to share information which facilitates understanding between Member States in facilitating the patent system improvement, and
And some other aspects as SCP has played a key role, the Chinese Delegation has been improving its patent system so as to adapt to its own conditions and its peoples
Needs. Here we would like to share an important piece of information with you in our patent law. This year, June first, our amended
Patent law has been effective in these new amendments we have improved the protection of patentee rights
And improved our patent examination system we hope that through improving our patent system we could address practical issues.
And reflect the balance of IP system with a special focus on public interest and public house. We have noted that different countries are at difference
Stage of developing their IP system so that they have different needs to address. We need to strengthen dialogue and cooperation so as to enhance the work of SCP
The Chinese delegation stands ready to cooperate with all Member States to participate in the meeting in a constructive way and facilitate the work of SCP.
Thank you, China, and thank you for providing the information on the changes to your patent
System.
I now give the floor to the Russian Federation, I did ask for regional coordinators only, but if you wish to intervene, you may do so, but do please be brief.
Vassa, Brahimi, I am not at post, you read the session of OPto the expertise in the report in the Committee, but I wish you to come out of us.
Thank you, Mr. Chairman, and I would like to thank the Secretariat for the
Would like to thank the Secretariat and Member States for the information which has been exchanged in the area of the patent system.
We note with interest the results obtained in the area of patent quality and the introduction of new technologies in the examination procedure.
Yeah. The PRESIDENT Thank you.
We thank Member States for the information provided and we believe that thanks to the cooperation of all members, we will be able to
Considered all items on the agenda, particularly the question of patents and health and patent quality. We are particularly interested by the question of the
Database for vaccines and medicines, the work of the committee is extremely important in this area and in
The area of the use of AI.
Particularly in order to in the examination of patents, substantial examination of patents, thank you.
Thank you, Russian Federation, if there are no further interventions, we will move to the next agenda item.
The PRESIDENT Agenda 5.
Which is the report on the international patent system and certain aspects of national and rigid patent legislation.
As those who have participated before in the work of the Committee, this is a standing agenda item on the Committee's website and
In the electronic form we have information on patent legislation in all Member States and that information is updated at each session of the Committee
In the previous meeting it was decided to continue the updating of the information and you have before you document 33/3 which lists those
States which have provided information on their changes to their legislation. I would urge you to continue to provide this information to the Secretariat of the Committee so that we can continue
You to publish information on the website and we will therefore have available valuable information on patent law and all members of the Committee. The
Or those who wish at some point to change their legislation in the area. Is there any Delegation wishing to speak to this agenda providing last minute information as to changes
Their legislation, I see that the delegation of Chile wishes to speak remote and
Thank you, Mr. Chairperson, first of all I should like to congratulate you on your election as Chair of this Committee as also.
The Vice-Chairs on their appointments. We also thank the Secretariat for drafting the working documents. Secondly, we thank the Secretariat for preparing document SCP /
333 specifically, which calls upon Member States to provide information on new legislation concerning patents. In this respect, our delegation wishes to inform you of the recent recent adoption.
Of Act No. 21.355 which updates the standards for Intellectual Property through the introduction of changes to two legal cooperatives act
Number 19.03, on industrial property and act number 20.254, which creates the national institute of industrial property, this act will enter into force with the
Application of its accompanying regulation, which we expect to take place at the beginning of 2022, the changes adopted have as their objective that of adapting a
The standards and functioning of an IP to cross-cutting standards which are recognized internationally through the introduction of procedural and substantive improvements for the benefit of
Of applicants as also to promote the transparency of the register of industrial property rights clarifying their meaning and scope as to the procedural improvements.
And new benefits available to applicants we can mention restoring priority for all patent applications thus broadening the application of the standard.
And enshrined in the Cooperation Treaty in the Patent Cooperation Treaty, facilitating the use of the platform for recognizing international certification of WIPO or other platforms
Forms for the exchange of documents between and amongst offices, granting the presentation date for a patent filing, even when the payment of the corresponding official fee has not been paid,
Bit better and more alternatives for making payment of the official fees for maintenance, introducing provisional patents and institution intended to avoid aspects such as the evaluation of patentability or their commercial
Scalability for coming a hindrance in order to protect innovations. We can also make mention of the following: Express recognition of certain exceptions to the rights of patent holders with the objective of clarifying, determine,
Certain uses by third parties, which should not be considered as being a breach in compliance by the competent courts, such as, for instance, private or experimental acts without commercial motivation,
Individual preparations with a medical prescription and accidental or temporary entry into the country, there is a limit on the additional protection of patents as established also in other legislations.
We include a new action for patent copying which makes it possible for legitimate patent holders to claim their ownership on the invention protected.
It without the need to cancel it in the registry. As to inventions, there is a transfer of competence from the industrial property court to the ordinary court civil or labor courts to deal with
Matters which go beyond their technical specialization as can be observed, the reform aims to improve innovation and entrepreneurship through changes which facilitate the processing of industrial property rights, updating processes and can
We will provide additional details to Delegations that are interested and provide more information concerning the aforementioned changes.
Thank you very much, Chile, for the detailed information you have given us concerning the substantive reform to the legislation in Chile, we now have France, the participants
And then Japan, Georgia, you have the
I am speaking here in my national capacity, first of all, since this is the first
Time I have taken the floor. The French delegation would like to congratulate you on your reelection and congratulate the Vice-Chairs on their election as well. We also wish to thank
The Secretariat for preparing and making the documents available. The French delegation thanks the countries as a whole that have made their contributions to this
Document, the French delegation also wishes to announce the entry into force of the Patent Prosecution Highway, PPH along with Japan, this took place
On the 1 of January 2021, we also wish to indicate the signature of a second PPH with the US Patent Office.
In December 2021 and lastly the signature of a third agreement with the Canadian Intellectual Property Office which was signed on the 3 rd of December last so its very recent
Which will enter into force in February 2022, I take this opportunity to thank all of those who cooperated from the Japanese United States
And Canadian officers for their cooperation on the subject thank you Mister Chairman.
Thank you very much, France, for that information and I now give the floor to Georgia speaking on behalf of
Thank you very much, Chair, I will be very brief, I am speaking again on behalf of the CEBS group, we would like to thank the Secretariat for the document SCCR /
We believe it is essential to continue to provide information on recent developments and changes in national or regional IP laws as the
The electronic Forum is unique and facilitates better understanding of regional and national patent systems and we thank all the Member States for their inputs.
Thank you very much, Georgia. I now give the floor to Japan participating remotely.
Thank you very much.
Thank you, Mr. Chair, all first of all, the Delegation of Japan would like to express its gratitude to the Chair and the Secretariat for their attention and efforts in organizing the
Under the difficult circumstances caused by the COVID-19 pandemic. I will describe in working document SCP/33/3 in this agenda item,
We are to share various aspects of within laws with each country taking this opportunity the delegation of Japan would like to share information on recent revisions of the patent office of Japan.
Japan Patent Office or a JAVIO has been advancing visitalization of communication with new source in order to cope with the current situation under the pandemic in May of this.
Yeah, the Pan revised Patent Office and other related acts to respond to changes into the facilitation of the social structure, this incurs, making a very confident system available,
In all our proceedings, from trial or appeals, for the specific details of the legal revisions in Japan, please see the English version of the old website.
Thank you Mister Chair.
Thank you very much, Japan, for that information concerning changes in your legislation and practice.
It seems that no more Delegations are asking for the floor, no, I am wrong, I see that Venezuela is asking for the floor, please go ahead.
I am taking the floor again to congratulate you on your reelection as also the two delegations who now have the job as vice chair.
Mr. Chairman, in Venezuela, the time frame is 16 years for patents and we re-established the system as of January this year.
We began with the process of training examiners and we are managing to do this in the patent system, although it is nobody secret that the patents is
Them has not had the effects in terms of promoting creation for developing countries to the same extent as in developed countries and we are very
Clear about this. In working for the Committee, we try to ensure that the patent system encourages creativity in our systems,
Is in our favor because for 16 years we did not have patents that led to anything in Venezuela and if we are re-establishing the system, it is because we believe that in this
System, we can achieve cooperation from the WIPO and from other offices so that they can help us in this task. The Deputy Director General in her presentation
Referred to the abundance of patents in the systems but this should really be reflected in creation in developing countries. We submitted a bill. The
Which picks up on modern aspects of the patent system and it was already adopted in a first round of discussions.
I read a patent law that established an Article 1 that the patent system attempts to encourage industrial creativity and technical creativity and we have reflected that
In our article 1 it is not just a matter of traditional laws which indicate that the aim is to grant rights to creators.
This is a law which attempts to encourage creativity and technical information contained in these documents.
Can be made freely available so that others can improve their inventions so when we discuss limitations and exceptions to the patent system we will take the floor again. Thank you very much, Mr. Chairman.
Thank you, Venezuela, for your statement.
We now give the floor to Slovenia.
I would first like to clarify that Slovenia is honored to deliver this statement on behalf of the
European Union and its Member States. Chair, the European Union and its Member States wish to thank the WIPO Secretariat for preparing document SCP/33 /
Thirdly, we want to express gratitude to the WIPO Secretariat for updating the SCP electronic Forum website as well as Member States for their vital input. We think it is important to keep the
SCP website up to date to maintain its core value as a useful reference in our discussions and good basis for better understanding of various aspects of regional patent legislation
And national patent systems. We also encourage all Member States to continue to provide information on recent developments of national and regional IP laws as we firmly believe that we can all benefit
From this valuable information sharing, thank you.
I now give the floor to Russia on behalf of
Casec.
I thank the Secretariat for the statement of the SCP/3/3.
So none of it again, no budget was a conducive.
I am sorry to interrupt, interpretation is now work.
There was some which has not come through.
Well I will give the text to the Secretariat to avoid any problem if you like but may I continue now.
Yes, please continue, says the Chairperson, thank you, says the delegate of the Russian Federation.
We thank WIPO which provides regular information on its website concerning Intellectual Property.
Particularly concerning the health crisis and some very important exchanges of information internationally concerning Intellectual Property we wish to inform you of certain changes which were made to the Russia
And legislation and which make it possible to make the best possible use of patents in January, we provided for the possibility of submitting a
Applications for three dimensional models which makes it possible for persons wishing to make use of this system to do those through projections,
And to convert their three dimensional models into an application we also made changes.
For the examiners and shortened deadlines a new law was adopted which makes it possible to provide preliminary information.
On innovations and models for scientific and technical organizations in Russia,
We are studying the utility and models in the system which will be updated and which will be improved and
We have received some results already in this connection which will enable us to take better decisions on inventions, particularly
For patents abroad, we are going to take action in the light of the application submitted.
By obtaining the opinion of scientific experts and specialized institutions to find out the most recent trends in order to assure good protection thanks to
Patents so that innovations are on a sound basis. We also hope to improve
The mechanism that was developed, thank you.
In connection with changes to your legislation concerning patents, I now give the floor remotely to Spain.
Thank you very much, Mr. Chairman, since this is the first time I have taken the floor, I wish to congratulate you on your reelection, we are very
Please since your compatriot and also we congratulate the Vice-Chairs, we are also grateful to the organizational work done by the Secretariat of the meeting.
On this topic, which is an update of information, I would also like to add to the comments made by other Delegations that the Spanish office recently
Signed a PPH agreement with Brazil which will enter into force in January 2022, I should also like to state that during the pandemic,
We adopted the PPH system directly whereby applicants can receive a report on the state of the art and subsequently can submit a request
To an international patent account was taken to the changes made in the light of reports so there have been
Of improvements in communication between the applicant and the office in terms of a better draft in the application. Also I should like to communicate the fact that
That we have begun a procedure for changing the patent law and we hope at the next meeting to give you the results of those changes. Thank you.
Thank you very much, Raqqa, on behalf of the Spanish Delegation. Apparently no other Delegations wish to take the floor on this subject. So we shall now move on to the next item.
No, Paraguay, sorry, Paraguay wishes to take the floor.
Applause). Thank you.
Your microphone, Paraguay, yes, it is on sorry, Mr. Chairman, I would like to congratulate you on your reelection and wish you every success.
During the forthcoming year, I would also like to thank the Secretariat.
Specifically for the preparatory work done for this meeting and the documents which makes it much easier for us to understand the debates in the Committee, briefly I should like to inform the Committee that in Paraguay,
We are convinced that the patent system is a decisive element for the development of our country, so we have sought to create alliances with sectors promoting research, innovation, and development, such as
The National Council of Science and Technology as also to help researchers to carry out Intellectual Property research in connection with patents and also in the last few years the INAPI
And Paraguay has strengthened its patent office considerably through contracting technical people and experts and patents which is beneficial for all of the applicants.
And because we have tripled the granting of patents that have been processed much faster, we have completed, we have done away with the backlog of the last few years, thanks to WIPO
We have been able to train researchers helping with patent drafts and we have sought out researchers that we are ready to spend many hours on this
To create a roadmap to ensure that protection is provided through Intellectual Property for these patents. Thank you.
Thank you very much, Paraguay, for that information concerning the patent system in your country if no other delegation wishes to take the floor.
We shall now move on to the next agenda item, exceptions and limitations to patent rights on this agenda item.
We have, first of all, the general statements, and then we will open the discussion to the background document concerning the
Exceptions to prior use, which is document 32/3.
We can now hear general statements concerning exceptions and limitations to patent rights.
France, please, speaking on behalf of Group B I understand you have the floor for your statement, thank you, Mr.
Chairman, Group B takes note of the background document on exceptions concerning prior use which is document SCP/32/3 and thanks these
Secretariat for the preparation done as also the Member States that have made contributions, Group B considers that innovation in all technological areas is favored by efficient and effective
Work with a delicate balance between the interest of rights holders and the public at large as maintained. Exceptions and limitations are a means to serve a
Balance of interest, Group B believes that the use of exceptions and limitations is sometimes appropriate in specific circumstances. Nevertheless, we underscore the fact that the use of exceptions and limitations
In a way that undermines the incentive to innovate, can constitute a challenge to innovation and ultimately may be disadvantageous for the
Public at large. Group B notes that WIPO, PO and SCP have undertaken substantive work in the field of exceptions and limitations. This includes studies, questionnaires, seminars,
And contributions from Member States on various aspects involving practice. We refer to the vast documentation found in the relative sections of the
WIPO website. Many references are available to all Member States looking at these national legislative provisions and seeking to adapt
Them on the basis of their particular needs and priorities while ensuring compliance with international standards we encourage countries throughout the world to make use of this precious resource.
Thank you.
Thank you, France, speaking on behalf of Group B.
I now give the floor to Georgia, speaking on behalf of CEBS, very much, Chair, CEBS group welcomes the decision made at the last session of SCP.
On keeping the document SCP/32/3 open for further discussions, as indicated in the document 123 Member States of WIPO provide exceptions relating to prior use in some
In some countries the prior use exception is formulated as a right to continued prior use in other countries the legal effect of patent protection is limited or it is impossible to enforce a patent in case of
Sometimes it can be a combination of both and other forms of exceptions from the rule can be found as well. This document contains valuable information outlining the international legal framework, specific provisions
Thus in the regional instruments, national implementation challenges experienced in practice by various stakeholders, results achieved by implementing it and the compilation of various legal provisions on the exception
Regarding prior areas, exceptions and limitations to patent rights are relevant and justified in certain specific circumstances, among other things, in safeguarding the general public's interest.
As we hear that the next health crisis is near, we remain committed to
Finding solutions to challenges and inequalities. We believe that with joint efforts the world of IP will be better prepared for the crisis to come. Thank you very much, Chair.
I now give the floor to the Delegation of Venezuela.
Thank you, Mr. Chairman, I apologize for taking the floor again but on the question of exceptions and limitations we have always.
It came that the rights of Intellectual Property in general and patent rights are exceptions in themselves, the right that we all have to access
To the knowledge generated by a humane kind, while recognizing Intellectual Property rights which is enshrined in Human Rights Declaration, we are partisans
Of the considering exceptions to patent law, we believe in patent law, but we also need to limit its scope in order to maintain the balance to which as
Other Delegations have already referred, so in general terms, we are well aware of the importance of research, prior use, they should not
To be limitations to the research limitations and therefore experimental purposes or academic purposes and
There should be no restriction along that line, in our view the results of research should be open access in the health
For example, we all know the problems that has been caused to the patent system by the covered pandemic.
We await the decisions which will be made in international fora regarding health, WIPO, WHO, but also
So WTO, I have to deal with them, in fact, at the WHO last week, they said that they were working on an international agreement which might not be binding, that is not sure yet, but
Deals with Intellectual Property and patents. Thank you, Mr. Chairman. Thank you, Venezuela.
For your comments, I see no further requests for the floor.
On the general statements on this item law United States of America, you
We wish to take the floor remotely.
I would like to give the floor to
Greens, Mr. Chair, just out of curiosity will there be an opportunity to make national interventions with regards to document SCP/32/3 or is this a point where?
We cannot make those statements. Yes, there can be general statements, but as
The floor has not been requested, we now need to look at document 32/3. This document was
Submitted at last year's session of the Committee and it was determined that it should be kept open for discussion in the Committee at that time.
The Russian Federation's delegation indicated that there was an error and a revised version of the document was prepared.
We have been working on this work on reference documents on exceptions and
Are limitations on the basis of the proposal by Brazil in 196 and 14/3.
We would we need to prepare reference documents on the preparation of medicines and the
Improvers of patented on patents and on the foreign terrestrial vehicles and aircraft.
And the floor is now open for those wishing to speak to 32/3. The first speaker is the United
The debate is closed.
The United States, have you requested the floor?
If not Slovenia for the EU.
Thank you, Chair, yes, I am taking the floor on behalf of the European Union, a statement that could also be qualified as a general one.
We once again thank the WIPO Secretariat for the preparation of the draft reference document on the exception regarding prior use contained in SCP/32/3.
We believe that the document provides an excellent overview of the widespread exceptions regarding prior use we value the great amount of work undertaken by the Secretariat to highlight the similarities and differences.
In the implementation of the exception regarding prior use in different jurisdictions. The deliberations on the legal framework, conditions and scope of the exceptions are still proving to be a special
We reiterate our appreciation for the compilation of legal provisions on the exceptions regarding prior use in the annex to SCP/32/3. The detailed account of laws implementing
And said exceptions in numerous countries and regional patent organizations is very helpful in understanding the legal basis of the exception regarding prior use throughout the different jurisdictions.
To believe that highlighting challenges faced and results of implementation of the exception regarding prior use provides useful information for other states. The EU and its Member States are looking forward to hearing further inter -
Interventions on this of other Delegations and having interesting and fruitful discussions on this agenda item. Thank you.
Thank you, Slovenia on behalf of the European Union, the Delegation of South Africa on behalf of
The African Group.
Thank you so much, Mr. Chair, the Africa Group thanks the Secretariat once again for the preparation of document SCP/32/3 on the Draft Reference Document
The discussions on this document in the previous session were useful to Member States in understanding the various elements on the exceptions regarding prior use and the use of these in domestic and regional instruments.
We hope to learn more from Member States' experiences on the application of the exception regarding prior use, as stated in the document under consideration, the prior use exception aims in general to strike a balanced
Between on the one hand the interest of the prior user who may have made it not to seek a patent protection and on the other hand a patentee who deserves to be rewarded for disclosing the invention to the public, indeed the principle of balance in the IP
The system in general and the patent system in particular is of importance to the group and we have maintained that such a balance is necessary to ensure that the system benefits society at large we note that many Member States laws record
The need to protect the contribution of both the prior user and the patentee, even though the very applications in the scope and manner that the prior exception is used, while the draft reference document mentions that a general
Generalized conclusion on the effect of the price exception in the different countries context could not be made, we also note that the exception is presumed to be an important aspect of many patent regions as evidenced by a high number of countries
Having enacted this exception, having considered this document over two sessions, we believe that they need to look into other areas under this agenda item that can benefit this Committee and we hope that an agreement
Can be reached on the future work to be undertaken here in. Thank you, South Africa.
Now I believe the United States Sir is able to intervene remotely on document 32/3.
Oh, Mr. Chair, can you see me, cissy, and he is very much on your first thank you thank you very much for the clarification and we would also like to extend.
Our thanks to the Secretariat and to Member States that provided information in preparation of SCP/32/3 which highlights the patent exception regarding our use, the US delegation lends its support to the Group B statement on this statement on the
Document. We appreciate the reference document's discussion on the scope of the prior use exception. We would like to underscore that implementation of the Paris exception like any other patent exception should strike a delicate balance.
An unrestrained application has the potential to unreasonably limit patent rights and prejudice dangers of patent holders we appreciate the Secretariat's preparation of SCP/32/3 as well as the earlier reference documents.
On other exceptions, SCP/29/3, SCP/28/3 and SCP/33. We do not believe that additional work in the SCP is warranted at this point on the four previously discussed exceptions.
Of You of the work already carried out the documents that resulted from it in the discussions at past sessions we also know that Member State consensus on the preparation of a reference document should not be interpreted to include or extended to.
Agenda items that have not been agreed to by Member States Member States have not agreed to a compilation of these separate and independent reference documents Member States desiring to consult these documents merely need to refer to the published.
Reference documents on the Internet. Finally, Mr. Chair, the US allocation notes the extraordinary challenging global situation that all Member States are facing due COVID-19 outbreak and, as such, are
We feel that discussions associated with the current crisis are more appropriate under the patents and health agenda item as has been suggested during opening remarks. Thank you, Mr. Chair.
Thank you, United States.
I see no further requests for the floor or the Delegation of Iran.
Reminently, Mr. Mandethan, followed by France procedure, first of all as it is the first time I take the floor I would like.
And congratulate you on reelection and also I would like to appreciate all the efforts of the Secretariat in organizing this meeting and also for preparation of the documents for this agenda item.
I would like to get into a clarification of clarification, first of all, how recent documents that have been preferred and discussing this committee are used.
In practice by WIPO Secretariat related in its technical assistance activities and also what would be a new subject to be included in the draft reference statute. Thank you, Mr. Chair.
The PRESIDENT The PRESIDENT Thank you very
I now give the floor to the Delegation of France.
Thank you, Chairman, the Delegation of France would wish to support the statement made by the representative of the European Union
And the statement made by France on behalf of Group B which recalled the importance of maintaining a balance between general interest and the rights of patent holders as to document 32/3. This document
What is acceptable to us, since it does report clearly French practice and the contribution of ABS to the WIPO
And which clearly states from this practice in the area of prior, in use,
The question of there is also the question of exceptions to the prior use exception in the area of patent law, this
Document is simply a factual report which is exactly as this delegation would wish to have seen it. Thank you, Mr.
I now give the floor to the Secretariat.
Thank you very much for the question from the distinguished
Distinguished Delegate of Iran, first I would like to respond to the first question regarding the use of the reference document by the International Bureau of WIPO
As you are also aware of the reference document has been published on the WIPO website as such it is a public information and like any
Other public information, the Secretariat with the International Bureau WIPO, we use these information for our activities, including the technical and legislative advice.
We highly appreciate the reference document information because this is this reference document is prepared on the basis of the information provided
Fight the Member States. So it is highly variable also for the International Bureau to carry out our daily work. And we thank all the Delegations
And for your contribution in producing these documents. The second question regarding the new subject, the
I understand that this is to be decided by the Member States in this Committee so far we have been decided to work on a specific topic
Because under the exception and limitations, and we have done a couple of, maybe I cannot really account, I am sorry, we have done probably four of
Five, exceptions and limitations, reference documents prepared and what would be the next step, this would be, this has to be decided by the Committee members.
I hope I will respond to the questions, thank you.
Thank you, Jamaica.
The Committee for Future Work will have to reach a consensus as usual.
That is why you need to check your references, seeing no further requests for the floor, yes, no, if there is no members
The NGOs now have the floor, CIPI.
Thank you very much, Mr. Chair, and the Vice-Chair's congratulations to your elections.
We also from FICPI which wish to commend the Secretariat for the excellent document on prior user rights, document SCP/32/3.
FICPI generally supported the concept of prior user rights as an essential element of a patent system based on first-- we have studied this issue in connection with the
A novelty raised period for patents and we have forwarded two position papers in our resolution to the Secretariat for the electronic Forum on this matter.
We wish to emphasize that any patent system must provide a fair balance between the rights of the patent owners and third parties, also it is generally agreed that innovators should not
Be forced to use the patent system in order to allow them to use what they have started to do, legitimately. Further, it is considered fair that the commercial enterprise that has
Made investments in an innovation of new technology should be allowed to pursue its efforts and that it should have a right to carry out with its business based on innovation irrespective of the subsequent act
Activities of third parties who may file patent applications at a later stage, as noted prior user rights,
Thank you, Mr. Chairman, and thank you very much.
An essential element of any patent system, however, prior user rights.
Should be limited to preserve the balance by providing conditions for the prior users. In the position papers we are filed with the Secretariat, we explore these limitations more in detail.
And I will not take your time to go through them now here, but particularly the APAA user right has the burden of proof regarding its fire.
To justify a continued exploitation within a territory being geographically limited to the particular jurisdiction where the activity took place.
And if prior users rights are available in the territory concerned, then these should also be available to persons who have become aware legitimately of an invention as a result of a disclosure
Excused by a grace period thank you very much.
Thank you, FICPI, is that anyone else?
So wishing to take the floor, you can, of course, submit any interventions in or writing, and they would then be published on the Committee's website, but I think I know,
Seeing none, a number of views have been expressed
On agenda item 6, as I said at the outset, the beginning of the session, I will
Or post on the screen a summary of today's debate as to in case anybody wishes to add or comment upon that summary and, of course, I will
Send it in advance to regional coordinators of distribution. The next agenda is seven quality of patents, including opposition systems, and
On this item,
You can, of course, make general statements, if you wish, we will then
In document 31/3,
On the granting system, it was approved at the previous session and remains open for discussion, we also have a sharing of
Session on the use of artificial intelligence for examination of patent applications, and finally, we were also discussing proposals made
By Member States, among them a proposal, SCP/31/8 presented by Brazil and Spain, and 33/4,
So we will begin with general statements on quality of patents in
Including opposition systems.
Applause). Thank you.
On behalf of Group B, you have the floor.
Thank you, Chairman, Group B would like to thank the Secretariat for preparing document 31/3, the study on approaches to the quality of patent grant
Process, we would also like to thank the Member States who responded to the SCP questionnaire participated in the sharing session and provided the information which was used in the compilation of this report.
The instrument used to ensure quality of patents ensures that the patents granted will be of better quality.
And that they will achieve their general objective, the raison d' etre of the patent system is not very different across the world, it seeks rather to innovate and
By providing limited exclusive rights on inventions under certain conditions, offers inventors the possibility of receiving financial benefits from their innovative effort.
The regional and national law in the granting of patents is very useful and France is happy to share the information provided in the document, the existing
And infrastructure to assist patent offices to make decisions and the work of patent granting is a priority for Group B, while the office
This ability to adapt to new technologies depends upon the practical realities existed in each office, we are very pleased that this report considers the tools and infrastructures.
As important aspects of the patent broadcasting process, we need to continue to explore the role of AI in the patent granting process within the framework of this Committee's work, it is
Clear that the use of links in order to improve the quality of patent granting processes is of great interest for a number of offices which have undertaken
The concrete measures in order to explore AI as well of improving their process AI has tremendous potential for improving our work and of
Activity, it would be important to ensure that AI is adopted in a judicious manner in order to avoid a useless wasteful duplication of efforts
As far as possible IP offices should remain attentive to any long-term impact of AI.
On human resources and the cost of administering patent patents, we salute the use of the sharing session on the use of AI, and
In patent examination, we would also like to thank those Delegations who will participate in the sharing session, we would like to have additional information on those activities under
Taken in other instances in this area and the coordination between WIPO and other bodies, the participation of AI to the inventive process is relatively new
Of phenomenon, the question of patentability allows us to see possibility of divergent views in future while the sharing of information
On AI and WIPO seeks to improve our understanding of the area, the equipment
It can nevertheless contribute to the work as to the coherence of approach, Group B wishes the Committee to continue the good work it has undertaken.
And during this session and previous sessions, in order to examine AI issues and other innovative technologies in as much as the effect of patent laws, we would in
Courage, a coordinated approach under the aegis of WIPO and linked to the work undertaken in other committees of the organization.
On behalf of Group B I now give the floor to
Georgia on behalf of CEBS. Thank you very much, Chair, and we reiterate the support for advancing the work on the quality of patents, which is the
All of the patent system. We once more thank the Secretariat for preparing a comprehensive study on approaches to the quality of the patent grant process contained in the document SCP/31/3 which takes
Into account the findings of information sharing sessions undertaken during previous SCP sessions. Mr. Chair, the study identified many common features and differences in concrete procedural steps and measures state
And by each office depending on the national or regional legal framework and the practical realities such as the size, resources and infrastructure. We fully agree with the study that found that the quality of the patent
Grant process is one of the critical factors for improving the quality of granted patents. In this regard, we consider the exchange of practices and information among Member States on this issue as one of the essential tasks
Of the SCP. We also believe that WIPO support to the Member States in human resources capacity building, optimization of processes and the development of tools and infrastructure is valuable.
In recent years, there have been rapid developments in the field of artificial intelligence that will have diverse implications for the patent system in the future, although various complex questions
Around artificial intelligence, we also see AI as a tool of new opportunities through its application within the patent grant process. Therefore, we look forward to the sharing session scheduled this week.
Where we will have the opportunity to hear experiences and exchange information on the use of artificial intelligence to examine patent applications. Our group considers SCP as an appropriate forum within which this is
We believe that the good understanding of practices of various patent offices related to the inventive step is the basis upon which international worksharing and cooperation should be
If looking at the quality of patent granting process from a holistic perspective, an integral part of a high quality partner system is a well-functioning opposition system and
Other administrative revocation mechanisms. In the IP offices at the prior and post grant level, effective opposition mechanisms are especially fundamental where the specialized IP courts
The widespread use of worksharing among offices of different sizes and on different levels of development is a step forward in the future development of the patent system.
The CEBS group strongly supports such direction we are convinced of having an interesting and fruitful exchange under this agenda item, thank you very much Chair.
Thank you, Georgia, speaking on behalf of CEBS.
Belarus is asking for the floor on behalf of CACEEC.
Thank you for giving us the floor Mister Chairman we congratulate the Secretariat that has prepared.
Document 31/3. In our opinion, this gives a good description of the situation.
It gives us all the necessary information, we also thank those members that have participated in the drafting of this document, currently we are developing methods,
In this context.
The question of research plays an important role and we need to take account also of what is happening in other patent offices.
The Committee plays a very important role in assisting Member States to obtain information and information also concerning ICS.
Experiences to improve the quality of patents. In this connection, we also think it is important to optimize the
The time to obtain a patent and to carry out research concerning a patent this time should be shortened as much as
Possible. I think that the Secretariat plays a very important role in helping us to understand what is happening in this context by finding out what the practices in other offices and to benefit from experience
As elsewhere, we are delighted to see that we can study this under this agenda item. Thank you.
I now give the floor to Slovenia on behalf of the European Union.
Chair, yes, I am once again thanking the floor on behalf of the European Union and its Member States, the quality of patents, including opposition systems, is of
Particular importance to the EU and its Member States. We therefore reaffirm our strong support and commitment for advancing work on this topic. The use of AI technology in patent offices is involved
We consider it essential to maintain the momentum of these discussions by continuing the fruitful exchange between the offices in our shared effort for harnessing the potential of AI for enhancing a
Efficiency of patent quality. We especially look forward to the sharing session on the use of artificial intelligence for examination of patent applications relating to AI.
AI is a key priority for the EU and it is strategically important technology, nonetheless, its creative potential raises a number of issues in the field of Intellectual Property policy.
Hope that further exchange of information and practical experience will help all Member States to harness the benefit of it. Therefore, we hope that the Secretariat
Will once more prepare the report from this sharing session. Patentability issues relating to AI are also being discussed in other fora like the WIPO conversation on IP and AI now Renate.
Now we named WIPO conversations on IP and frontier technologies. This being said, we still consider it essential to keep discussions on this core topic on the agenda of the SCP, with further activities
This like sharing sessions and studies as outlined in the proposal by Spain and France contained in document SCP/30/9. In addition to these important deliberations on AI we also welcome
On the fact that the insightful study on approaches to equality of the patent grant process contained in SCP/31/3 is still open for discussion. We once again welcome the revised proposal contained
In the document SCP/31/8 Rev by the Delegations of Brazil and Spain to conduct a further study on sufficiency of disclosure as an element of substantive law and key to the proper fund
The EU and its Member States remain fully committed to reaching substantial progress on the core issue of quality of patents, we are looking forward to an interesting and constructive discussion
On this agenda item, thank you very much, Slovenia.
I now give the floor to the Delegation of Venezuela.
Thank you for giving me the floor again.
We want to join our voice to those Delegations that have congratulated the Secretariat on its study of quality of patents, it is an amazing document we were very pleased to have it, as I said
That before the Venezuelan Patent Offices being reconstructed we were quite a model in the 1990s and unfortunately we lost that advantage but we are now trying to
We constitute our office and these documents help us a great deal when whenever we talk with the new examiners and we have six of them trained in various areas I always insist upon the fact.
That patent applications and the inventors and firm submitting them always presume that they involve an inventive step and that their novel.
And then we study this and the examiners need to be very well trained because we represent Venezuela and society in trying to come up
With a balance between the applicants and the rest of society. This document was a very good when we are very pleased with it. We took note of some very interesting experiences
We are interested to hear about experiences concerning the agreements reached such as Brazil and Colombia with the European Patent
Office and to see how we can continue to improve the quality of patents and the training of examiners as also the autonomous
Regions in our countries. We are grateful for reports from offices that have more experience than us as the case of the European Patent Office in the past, they in fact,
Train Venezuela and examiners and we would like to ask WIPO to help us in our task of re-establishing the system in our country. Thank you very much.
Venezuela. I now give the floor to South Africa on behalf of the African Group.
Thank you so much, Mr. Chair, I am speaking on behalf of the African Group.
Preparation of document SCP/31/3, the group considers the issue of quality of patents and opposition systems as integral to the overall patent system and we appreciate the information contained in document SCP/1/3 which in
We thank Member States that provided inputs that inform the study on the approaches to the quality of the patent grant process, the group notes that differences amongst
Patent offices on the process for the granting of patents, and we also note the common principles that are followed by all patent offices in this process, while the question of quality of patents in the committee has previously been understood desperately, and
Across Member States, the Africa Group believes that the key element to the quality patent includes the tools implemented by the office for the searching of relevant prior art, the regard as training of its examiners,
And the mechanisms for review of the office's work, and this includes that party observations, appeal mechanisms and oppositions, furthermore, a granted patent must meet the inherent requirements for patentability
Which are the cornerstone of the patent system, being that the invention must be novel, inventive and industrially applicable. Moreover, there must be a balance between the right granted and the disclosure to the public which can be reached by sufficient disclosure
In the patent application, the South Africa Group shares the concerns of many other Member States that this increasingly decline quality of patents granted across all regions and this deadline can be attributed to a number of factors including lack of
Human and technical capacity in IP offices of Developing and Least Developed Countries, declining standards of patentability across all regions, disparate examination approaches across IP offices, and increase
We believe that an efficient opposition system improves the quality of patents, however, the opposition system should not create
Areas but be a safeguard measure to augment the quality of patents. The opposition system should also be accessible to all those who wish to utilize it. We acknowledge the importance of international cooperation in assisting Member States
Days to optimize their various process components. However, patent quality cannot only be improved by simply adopting the practices of other offices. Having said that, we thank the Secretariat
So thank you very much, Delegation of South Africa.
On behalf of the African Group, currently we do not have any other requests for the floor in connection with general statements, no, sorry, Russian Federation, you have the
The floor, please.
Thank you for having provided us with the document.
Very good work has been done by the Secretariat to compile information concerning the quality of patents, the documents submitted to us described
The situation concerning the quality of patents by providing us with several examples and by indicating the procedure followed in various offices. This information is very useful
And we are extremely pleased to see the information in 31/3. We need to improve further existing system
Particularly for granting patents and to ensure better quality of patents we need to attain the objectives sought within the system for granting patents.
We think that all the information provided is aimed at improving the quality of patents, including the opposition system, we can ask ourselves questions about how to opt
Demise the results obtained.
We need to improve the system of expert opinions, particularly in the context of the pandemic, it is
A very good thing to have a background document which deals with his subject.
We can extend the deadlines provided in order to study the
The state of the art, we also have to take account of the deadlines provided for renewal of patents and develop an optimum system
For the deadlines we hope that it will be possible to study this matter as to improving the opposition system.
This is a very important subject last year in the Russian Federation we adopted new rules on this matter.
Concerning oppositions, particularly in connection with private enterprises, we want to set up an electronic system to be able to ensure that we have a good opposite
The decision system.
We also want to participate in considering this subject through video conferencing as to opposition systems,
We have already discussed this and, of course, what is important here is to be objective for the time being we are looking at the
Possibility of drafting new provisions concerning the examination of the oppositions brought. We try to shorten
The deadlines provided for oppositions, we hope that the Member States will be able to make progress with considering this question, and we support the proposal
Proposal of the US concerning exchanges of information. This is a very important subject. We also want to state
In connection with applications for patents and research carried out into health that this is a highly topical subject and we need to step up the efforts
Is made to combat the spires, we need to adopt appropriate measures in all countries and carry out information sharing to combat the virus. In this way, it will be possible to make
Progress in order to put an end to this pandemic. Thank you very much, Russian Federation. The Delegation of Singapore has asked
As this is the first time Singapore is seeking the floor, we would like to congratulate you and the Vice-Chairs on your election.
We will convey our appreciation of our leadership and bring us through this important meeting at the SCP/30, Singapore has shared our plans to introduce a former process for the parties to Sami observations on the patentability of.
Upon application, giving examination process and to introduce a new binding post-grant examination process, those proceedings are aimed at providing cost-effective options for the parties to challenge patents
And obligations in an effort to ensure that only patentable adventures enjoy patent protection we would like to update the committee that the two processes are now available from first October to nearly one.
We are also making legislative changes across our IP legislation to simplify and harmonize IP processes as well as to improve business friendliness and operational efficiency in our registries.
These changes are played to come into force by the Beadle of next year regarding what Sherry Po Graham's Singapore has implemented a shareful Graps since 2009 the outtype of the EGOBUBATION at work.
The ASEAN patent examination cooperation which is also caught in expect and has part of the people of each of which are by the offices this delegation has been properly apt this one aspect is pleased to share further up.
In June this year, regional opinions are introduced as a set of work products in addition to final such examination reports, one of our pallipograms called the ASPAG aim which is for industrial
Revolutionary for the Zero inventions has also been extended to August 383, members of our country, New Zealand, Aqui Porto, at Tubercudo, Astana, IP Darfur details.
So Singapore is available for quality of the patent brand process and we look forward to continuing the discussion on this topic.
Thank you very much Singapore for your statement concerning the news about what is happening in your country we now have Japan participating remotely Japan.
Applause). Thank you.
Thank you, Mr. Chair, the delegate from Japan aligns itself with the statement delivered by the distinguished delegation of Claus on behalf of Group B The Delegation of Japan supports the proposal.
By the delegation of the United States on an information exchange on expedited other examination mechanisms of Intellectual Property offices, expedited parent examination is beneficial for users who wish to obtain.
Right's orry the DPO offers various forms of expedited examination such as accelerates the examination and the superaccelerated examination to enhance users convenience it would be very beneficial also.
The development of the IP offices and for the convenience of the users to share the experience of each IP offices, expedited public examination system and to enable users to refer to such information.
Thank you very much, delegation of Japan.
Delegation of Chile speaking remotely.
Thank you, Chairman, the Delegation of Chile is grateful for the proposal submitted by the United States concerning information sharing about expedited patent examination mechanisms.
In industrial property offices contained in document SCP/33/4, we consider that this is a very timely proposal concerning practices of
Offices in connection with expedited patent examination applications, patent examination mechanisms. In fact, for Chile, these arrangements and practices carried out by offices are not just
Limited to water known what is known as the Patent Prosecution Highway PPH since there are other types of arrangements between offices with the same objective in addition we consider it and.
Important that this should not affect the quality of examination in IPs. Also there is a need for a full substantive consideration in the processing of
Procedure and we need technical resources to carry this out, we consider that this average deadline
For patent applications applies in cases where there are expedited mechanisms as well, currently we have a procedure for examining patents through people
The age and we do not contemplate additional fees or charges in the system prior to registration.
Country is a member of the global PPH and also it endorsed agreements of this kind with various offices such as Canada, China, and the offices belonging to the Pacific Alliance, between 2019
In and until November 2021, PPH applications have practically tripled in with the highest number of applications coming from the United States and Japan.
We need to stress that in cases in which the PPH mechanism has been applied, the average processing time times correspond to one year reducing by one third the time needed for an average processing.
Of a patent application that has not been subject to prior opposition. Obviously, these deadlines for processing and application do not just depend upon the IP office, but also upon the rapidity of the applicant.
On his attitude to accept or not accept the decisions taken by the office, as we indicated at the beginning of our statements, we consider that PPH is not the only form to obtain expedited patent examination, this
In the framework of the pandemic we have seen initiatives for expedited processing of applications with the aim of solving the global challenges of COVID-19 and also INAPI as we
Working to formulate a program for the expedited patent examination mechanisms in green technologies that we hope to implement as of 2022. Thank you, sir.
Thank you very much, delegation of Chile, well, we have reached the end of our session, and tomorrow we shall begin again at 12:
And we shall continue with quality of patents including opposition systems and you can make general statements if you like.
Otherwise we will continue with 31/3 approaches to quality of patents and then information sharing including expedited patent examination mechanisms
And then the various proposals that have been made here and in previous meetings thank you very much for your participation I wish you a pleasant afternoon and a
Mr. President, evening we have
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