PCT Working Group
The third session of the PCT Working Group was held in
http://www.wipo.int/meetings/en/details.jsp?meeting_code=pct/wg/3
The Working Group endorsed a series of recommendations based on a study by the International Bureau (IB) entitled “The Need for Improving the Functioning of the PCT System” (document PCT/WG/3/2). These recommendations cover a variety of actions which should be undertaken by the IB, applicants, Contracting States and national Offices (acting in both their national and international capacities) to make the PCT system more effective both for processing patent applications and for supporting technology transfer and technical assistance for developing countries.
Many of the proposals relating to improving the quality of international search and preliminary examination reports seek to build on the work already under way within Offices which act as International Authorities (both in their national and international capacities) to improve their ability to search prior art from a wide range of sources and in a wide range of languages, and share the results of those searches with other Offices.
New steps to be implemented in the near future in accordance with these recommendations include the development of online systems to:
- accept third party observations (more details included in documents PCT/WG/3/6 and 11) as well as to allow quality feedback from designated Offices to International Authorities (PCT/WG/3/7);
- support technology transfer by indicating the willingness of the applicant to license any patent which might be granted; and
- receive better information from national Offices about the entry into the national phase of international applications and their subsequent status, and to integrate this information into search systems to allow easier identification of where patents do and do not apply.
To follow up on some of the recommendations, the Working Group also commissioned a series of studies to assess how successful the PCT system has been in disseminating technical information, in facilitating access to technology and in providing technical assistance to developing countries. These studies will include recommendations on ways to boost the PCT’s performance in these areas and will also explore the possibility of extra-budgetary funding arrangements to finance PCT technical assistance projects.
The Working Group did not agree on proposed changes to the criteria for establishing the list of countries whose nationals and residents may be eligible for reduction in certain PCT fees (PCT/WG/3/4 Rev.). Until agreement is reached, the list of States established with effect from 1 July 2008 will continue to apply.
The Working Group recommended that a number of minor changes to the PCT Regulations (based on document PCT/WG/3/8 with further changes noted in the report) be forwarded to the PCT Assembly for approval at its session in September 2010. These relate to the processes for ensuring that details of rectifications of obvious mistakes and letters accompanying amendments made under Articles 19 and 34 are properly available to national Offices. The amendments should not affect applicants, except to reduce the risk of being asked by a national Office to supply copies of documents which, in unusual circumstances, might not be automatically transferred between the relevant Offices.
The Working Group recognized the value of photographs and color drawings in making a clear and effective disclosure of certain types of invention (PCT/WG/3/9), but needed to obtain further information on technical and legal issues before deciding how to provide for these in international applications.
The Working Group agreed that concern expressed about the legal basis for a receiving Office correcting any errors which it made (PCT/WG/3/10) was best addressed by indicating in the Receiving Office Guidelines that receiving Offices have an inherent right to make such corrections.
The report of the session (PCT/WG/3/14) is available at the above-mentioned Internet address.
______________________________________
