International Activities
The 2nd WIPO- PCT WG Report
For the purpose of eliminating duplication of the search between international phase and national phase in PCT application, the 2nd WIPO-PCT Working Group (PCT-WG) was held at WIPO headquarter from May 4 to 8. About 140 participants came from 96-national-patent-office delegates, 8-governmental organization, and 14-non-governmental organization including JIPA’s representatives, Mr. Naito, Mr. Ohta, and Ms. Watanabe.This PCT-WG, which has taken over the PCT Reform Working Group, has been the place where consider PCT practical issues since 2008. To avoiding research duplication, WIPO secretariat, Japan Patent Office, United States Patent and Trademark Office, and Korean Intellectual Property Office proposed and negotiated PCT reform plans.
About above mentioned reform plans, representatives from developed countries including JIPA welcomed though, some delegates from developing countries showed reluctance, stated that it the reduction in duplication would be implied that all national search and examination work was undesirable, then this might lead disadvantageous harmonization for the developing countries. WIPO emphasized that any international report was non binding and was not to contain any statement on the question whether the claimed invention was or seemed to be patentable or unpatentable according to any national law. This flexibility at the national level was an important factor in the success of the Treaty that had allowed it to be adhered to by, at present, 141 Contracting States. Despite this, developing countries’ would not dispel their dissatisfaction. The meetings become complicated from the beginning.
At the end of 4-days meeting, the meeting agreed that PCT should not impose Harmonization on all countries and would advance the consideration on PCT reform under the condition that WIPO would implement development assistance for developing countries.
In addition to the meeting, JIPA delegates told WIPO Secretariat directory that the most important thing for users is International Search Quality improvement, according to JIPA Expert Committee’s study on “International Search Analysis” and “Current Issues (the ratios that the national search becomes severer than the International search)
