About Intellectual Property IP Training IP Outreach IP for… IP and... IP in... Patent & Technology Information Trademark Information Industrial Design Information Geographical Indication Information Plant Variety Information (UPOV) IP Laws, Treaties & Judgements IP Resources IP Reports Patent Protection Trademark Protection Industrial Design Protection Geographical Indication Protection Plant Variety Protection (UPOV) IP Dispute Resolution IP Office Business Solutions Paying for IP Services Negotiation & Decision-Making Development Cooperation Innovation Support Public-Private Partnerships The Organization Working with WIPO Accountability Patents Trademarks Industrial Designs Geographical Indications Copyright Trade Secrets WIPO Academy Workshops & Seminars World IP Day WIPO Magazine Raising Awareness Case Studies & Success Stories IP News WIPO Awards Business Universities Indigenous Peoples Judiciaries Genetic Resources, Traditional Knowledge and Traditional Cultural Expressions Economics Gender Equality Global Health Climate Change Competition Policy Sustainable Development Goals Enforcement Frontier Technologies Mobile Applications Sports Tourism PATENTSCOPE Patent Analytics International Patent Classification ARDI – Research for Innovation ASPI – Specialized Patent Information Global Brand Database Madrid Monitor Article 6ter Express Database Nice Classification Vienna Classification Global Design Database International Designs Bulletin Hague Express Database Locarno Classification Lisbon Express Database Global Brand Database for GIs PLUTO Plant Variety Database GENIE Database WIPO-Administered Treaties WIPO Lex - IP Laws, Treaties & Judgments WIPO Standards IP Statistics WIPO Pearl (Terminology) WIPO Publications Country IP Profiles WIPO Knowledge Center WIPO Technology Trends Global Innovation Index World Intellectual Property Report PCT – The International Patent System ePCT Budapest – The International Microorganism Deposit System Madrid – The International Trademark System eMadrid Article 6ter (armorial bearings, flags, state emblems) Hague – The International Design System eHague Lisbon – The International System of Appellations of Origin and Geographical Indications eLisbon UPOV PRISMA Mediation Arbitration Expert Determination Domain Name Disputes Centralized Access to Search and Examination (CASE) Digital Access Service (DAS) WIPO Pay Current Account at WIPO WIPO Assemblies Standing Committees Calendar of Meetings WIPO Official Documents Development Agenda Technical Assistance IP Training Institutions COVID-19 Support National IP Strategies Policy & Legislative Advice Cooperation Hub Technology and Innovation Support Centers (TISC) Technology Transfer Inventor Assistance Program WIPO GREEN WIPO's Pat-INFORMED Accessible Books Consortium WIPO for Creators WIPO ALERT Member States Observers Director General Activities by Unit External Offices Job Vacancies Procurement Results & Budget Financial Reporting Oversight

Efforts to Harmonize Patent Law Move Ahead

Geneva, November 12, 2001
Press Updates UPD/2001/147

Member states of the World Intellectual Property Organization (WIPO) expressed their firm commitment to the worldwide harmonization of substantive patent law during a second round of talks on the revised draft provisions of the Substantive Patent Law Treaty (SPLT) which took place in Geneva from November 5 to 9, 2001. The Standing Committee on the Law of Patents (SCP) was attended by representatives from 76 WIPO member states, five intergovernmental organizations and 16 non-governmental organizations.

The draft SPLT covers a number of basic legal principles that underpin the grant of patents in different countries of the world, such as the definition of prior art, novelty, inventive step (non-obviousness), industrial applicability (utility), sufficiency of disclosure, and the structure and interpretation of claims. The present international landscape of patent law and practice is currently made up of a wide variety of legal regimes. The consequence of these divergences in patent laws and practices is that, in certain countries, a patent application may lead to the grant of a patent, whereas in others, a patent may not be granted for the same invention, or the patent may be invalidated after grant. In addition, lack of harmonization leads to increased costs for inventors and applicants, as well as for patent offices, due to duplication of work.

With rising demand for patent protection as a result of the speed of technological advance, patent offices across the globe are often facing significant increases in their workload. This is a strong incentive to further harmonize patent laws to reduce duplication of search and examination work, to streamline existing divergences in terms of different outcomes of examining the same patent applications in different offices and to simplify the complexity of the international patent system for the users. Such measures promise to generate significant efficiency gains and cost savings for both applicants and patent offices.

Talks on harmonization of substantive patent law are still in their initial phase, aiming at this stage, in particular, at determining the common features and difference among patent systems around the world.

Members of the SCP did, however, reach agreement on a number of issues. In particular, it was agreed, in principle, to create a seamless interface between existing international treaties, i.e. the Patent Law Treaty (PLT) the Patent Cooperation Treaty (PCT) and the SPLT as regards the filing, search and examination of patent applications and the grant of patents. Broadly speaking, this would involve integrating the provisions of the SPLT that govern substantive harmonization with certain elements of other international patent-related treaties. Thus, contracting parties of the SPLT would have to comply with the requirements under the PLT that govern the harmonization of formality requirements. Concluded in 2000, the PLT harmonizes and streamlines, on a worldwide basis, formal patent procedures relating to national and regional patent applications and maintenance of patents, once it enters into force after ten ratifications. Inventors seeking patent protection must as a first step meet certain formality requirements in order to avoid rejection of their application and a consequent loss of rights. The PLT is designed to streamline and simplify the formality requirements which currently vary from one country to another.

The SPLT would also include certain requirements under the Patent Cooperation Treaty (PCT), with respect to claims, description, drawings and abstract of an application. The PCT is an international filing mechanism that allows users to seek patent protection in multiple countries. Such a scheme will serve to streamline procedures associated with the application and grant of patents and thereby generate significant cost savings for applicants and patent offices alike.

The SCP further agreed to establish a working group to examine issues related to complex applications and multiple invention disclosures. These types of applications are one of a number of factors contributing to the increasing workload of patent offices.

The work of the SCP in the harmonization of substantive patent law complements WIPO's on-going work in other patent-related projects such as the reform of the Patent Cooperation Treaty (PCT) (Update 134/2001) and the launch of the "WIPO Patent Agenda". In September 2001, WIPO Director General, Dr. Kamil Idris, announced the launch of worldwide consultations to develop a strategic blueprint for the future evolution of the international patent system. The initiative results from the Director General's vision that WIPO must continue to provide strong leadership in developing the patent system to facilitate the process of harnessing creative potential for economic benefit in all countries (Press Release 2001/290).

The SCP tentatively agreed to hold its next session at the beginning of May 2002 in Geneva.

For further information, please contact the Media Relations and Public Affairs Section at WIPO:

  • Tel: (+41 22) - 338 81 61 or 338 95 47
  • Fax: (+41 22) - 338 88 10
  • Email: publicinf@wipo.int.
https://www3.wipo.int/contact/en/area.jsp?area=publicinfo https://www.wipo.int/pressroom/en/ https://www.wipo.int/tools/en/disclaim.html https://www.wipo.int/en/web/privacy-policy/ https://www.wipo.int/en/web/accessibility/ https://www.wipo.int/tools/en/sitemap.html https://www3.wipo.int/newsletters/en/ https://www.wipo.int/en/web/podcasts/ https://www.wipo.int/news/en/