fourth SESSION OF THE PCT WORKING GROUP - WIPO

|[pic] |E | |
|pct/a/42/1 |
|ORIGINAL: English |
|DATE: July 26, 2011 | International Patent Cooperation Union (PCT Union)
Assembly
Forty-Second (18th Ordinary) Session
Geneva, September 26 to October 5, 2011 PCT Working Group: Report on the Fourth Session Document prepared by the International Bureau Summary
This document contains a report on the fourth session of the Patent
Cooperation Treaty (PCT) Working Group ("the Working Group"), held in
Geneva from June 6 to 10, 2011, and invites the Assembly to approve
recommendations concerning further work of the Working Group. It also
contains a report on the financial and operational situation of the
supplementary international search system, which was initially presented to
the fourth session of the Working Group.
fourth SESSION OF THE PCT WORKING GROUP
The matters considered and the results of their consideration at the
fourth session of the Working Group are outlined in the Summary by the
Chair noted by the Working Group (document PCT/WG/4/16), reproduced in
Annex I of this document. Annex II of this document contains the draft report of the fourth
session of the Working Group (document PCT/WG/4/17 Prov.). That draft
report has been made available, in both English and French, for comments by
all participants to the meeting on the Working Group's electronic forum.
The final report of the session will reflect all interventions made during
the meeting, taking into account any comments received and, as agreed by
the Working Group, will be adopted by correspondence. Further to the 2010 WIPO General Assembly decision "to instruct the
relevant WIPO Bodies to include in their annual report to the Assemblies a
description of their contribution to the implementation of the respective
Development Agenda Recommendations", the draft report of the fourth session
of the Working Group (document PCT/WG/4/17 Prov.) contained in Annex II of
this document sets out, in paragraphs 271 to 283, the statements made by
delegations on this matter. In accordance with a decision taken by the Assembly in 2007 in the
context of establishing the supplementary international search system under
the PCT, requesting the International Bureau to report to the Meeting of
International Authorities under the PCT and to the Assembly on the
financial and operational situation of the supplementary international
search system (see paragraph 153 of document PCT/A/36/13), the
International Bureau submitted a report accordingly to the eighteenth
session of the Meeting of International Authorities in March 2011 (document
PCT/MIA/18/10) and, in preparation for the present session of the Assembly,
to the fourth session of the PCT Working Group (document PCT/WG/4/11). The
contents of document PCT/WG/4/11 are reproduced in Annex III of this
document and constitute the report to the Assembly on the financial and
operational situation of the supplementary international search system.
The discussions by the Working Group at its fourth session on this matter
are set out in paragraph 23 of document PCT/WG/4/16 (reproduced in Annex I
of this document) and paragraphs 248 to 256 of document PCT/WG/4/17 Prov.
(reproduced in Annex II of this document). A general review of the
supplementary international search system by the Assembly will take place
in 2012, three years after the date of entry into force of the system, as
requested by the Assembly in 2007.
FURTHER WORK
The Working Group agreed to recommend to the Assembly that, subject to
the availability of sufficient funds: (i) one session of the Working Group should be convened between the
September 2011 and September 2012 sessions of the Assembly; and
(ii) the same financial assistance that had been made available to
enable attendance of certain delegations at the fourth session of the
Working Group should be made available to enable attendance of certain
delegations at that next session. The Assembly is invited: ( to note the Summary by the Chair of
the fourth session contained in
document PCT/WG/4/16 and reproduced
in Annex I of this document, and the
draft report of the fourth session of
the PCT Working Group contained in
document PCT/WG/4/17 Prov. and
reproduced in Annex II of this
document; (ii) to note the report by the
International Bureau on the financial
and operational situation of the
supplementary international search
system contained in document
PCT/WG/4/11 and reproduced in Annex
III of this document; (iii) to approve the recommendation
concerning the further work of the
PCT Working Group set out in
paragraph 6, above.
[Annexes follow]
SUMMARY BY THE CHAIR
of the fourth session of the pct working group
(noted by the Working Group; reproduced from document PCT/WG/4/16)
Agenda Item 1: Opening of the Session
1. Mr. James Pooley, Deputy Director General of WIPO, opened the session
and welcomed the participants. Mr. Claus Matthes (WIPO) acted as Secretary
to the Working Group.
Agenda Item 2: Election of a chair and two vice-chairs
2. The Working Group requested the International Bureau to chair the
session until nominations were received for a Chair and two Vice-chairs.
In the absence of such nominations, the session was chaired by Mr. James
Pooley (WIPO), except for the discussions on agenda items 7(b) and (c),
which were chaired by Mr. Claus Matthes (WIPO).
Agenda Item 3: Adoption of the Agenda
3. The Working Group adopted the revised draft agenda (document
PCT/WG/4/1 Rev.) as proposed, with the following addition as new agenda
item 10 (and consequential renumbering of agenda items 10, 11 and 12): "10. Contribution of the Working Group to the implementation of the
respective Development Agenda Recommendations." Agenda Item 4: PCT Statistics
4. The Working Group noted a presentation by the International Bureau on
PCT statistics, based on the recently published PCT Yearly Review 2010.
Agenda Item 5: Meeting of International Authorities under the PCT: Report
on the eighteenth Session
5. The Working Group noted the report of the eighteenth session of the
Meeting of International Authorities under the PCT contained in document
PCT/MIA/18/16 and reproduced in the Annex to document PCT/WG/4/2.
Agenda Item 6: Future development of the PCT System
Implementation of Recommendations to Improve the Functioning of the PCT
System
6. The Working Group noted the contents of document PCT/WG/4/3. The
Working Group discussed various matters which needed to be taken into
account in relation to the continued implementation of the recommendations
endorsed by the Working Group at its third session. Several delegations
again emphasized that the PCT system can and should function more
effectively, within the existing legal framework, to deliver results which
meet the needs of applicants, Offices and third parties in all Contracting
States, without limiting the freedom of Contracting States to prescribe,
interpret and apply substantive conditions of patentability and without
seeking substantive patent law harmonization or harmonization of national
search and examination procedures. The Surge in Worldwide Patent Applications
7. Discussions were based on document PCT/WG/4/4. A number of
delegations welcomed the study by the International Bureau on the surge in
worldwide patent applications as comprehensive and useful. Other
delegations expressed concern that the study failed to address the root
causes of the surge in worldwide patent applications and other possible
underlying causes for the surge, as mandated by the third session of the
Working Group, notably issues relating to so-called strategic patenting
behavior. Moreover, these delegations expressed that the study should not
have presented recommendations and considered that the statement it
contained relating to the importance of work sharing arrangements was
unsupported by the findings of the study. 8. After some discussion, the Working Group agreed to request the
Office of the Chief Economist to prepare a supplement to, or revision
of, the study, for consideration by the Working Group at its next
session, taking on board the comments made during the session and any
further literature references subsequently submitted by delegations. Coordination of Technical Assistance and Financing of Technical Assistance
Projects for Developing Countries under Article 51 of the PCT
9. Discussions were based on document PCT/WG/4/5. A number of
delegations called for the Committee for Technical Assistance to be
convened at an early opportunity, preferably in advance of each session of
the Working Group. Others considered that further consideration was needed
of how best to achieve the objectives of ensuring effective overview and
direction of the relevant technical assistance activities, taking into
account the work of other bodies a