World Intellectual Property Organization

Standing Committee on the Law of Patents (SCP)

The SCP was created in 1998 to serve as a forum to discuss issues, facilitate coordination and provide guidance concerning the progressive international development of patent law. By dealing with clusters of interlocking issues rather than working in isolation on single issues, it is intended to provide member states with an effective mechanism for setting priorities and allocating resources, and ensure the coordination and continuity of interrelated, on-going work.

The Committee is composed of all member states of WIPO and/or of the Paris Union. As observers, certain member states of the UN, who are not members of WIPO and/or the Paris Union, as well as a number of accredited intergovernmental and non-governmental organizations also participate in the SCP.

Delegates in discussion at the SCP
Standing Committee on the Law of Patents (SCP). More SCP photos on Flickr. (Photo: WIPO)

Background

History

1998-2000

Following the discussions within the Committee of Experts on the Patent Law Treaty, which had started in 1995, the SCP negotiated the draft Patent Law Treaty (PLT) and its regulations on patent formalities and procedures. The PLT was adopted by the Diplomatic Conference for the Adoption of the Patent Law Treaty on June 1, 2000.

Find out more about the PLT.

2001-2006

Discussions on the draft Substantive Patent Law Treaty (SPLT) started at the fifth session of the SCP in May 2001. While discussions on the draft SPLT led to some agreement in principle among delegations on a number of issues, other topics have generated more difficulties in terms of reaching agreement. As a result, the SPLT negotiations were put on hold in 2006.

Recent developments

Since the negotiations on the draft Substantive Patent Law Treaty (SPLT) were put on hold in 2006, the main focus of the work of the SCP has been on building a technical and legal resource base from which to hold informed discussions in order to develop a work program. Therefore, a series of documents elaborating various aspects of patent law were produced and discussed at the subsequent sessions of the SCP.

At the twelfth session in 2008, the Report on the International Patent System PDF, Report on the International Patent System 2008, focusing on the economic rationale, legal and organizational aspects as well as policy considerations and development concerns of the patents system, was discussed for the first time and a non-exhaustive list of issues PDF, SCP: non-exhaustive list of issues was identified by the Committee for further elaboration and discussion at its future sessions. At its thirteenth session, the SCP discussed preliminary studies on the following issues:

 

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