PCT Reform

Electronic Forum

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Draft documents for the PCT Assembly

The Working Group on Reform of the PCT, at its ninth session, held in Geneva from April 23 to 26, 2007, approved amendments of the PCT Regulations relating to the use of the results of earlier searches by an Office other than the Office acting as International Searching Authority (see document PCT/R/WG/9/3), to the restoration of the right of priority by the receiving Office (see document PCT/R/WG/9/6) and to international applications considered withdrawn (see document PCT/R/WG/9/7), with a view to their submission to the Assembly for consideration at its next session, in September-October 2007, subject to the comments and clarifications appearing in the report of the ninth session of the Working Group (document PCT/R/WG/9/8) and to possible further drafting changes to be made by the Secretariat.

The Working Group also discussed proposed amendments of the PCT Regulations relating to supplementary international searches (see documents PCT/R/WG/9/2 and 2 Corr.). While the Working Group agreed on a text of what would be appropriate amendments of the Regulations for the introduction of a supplementary international search system, subject to the comments and clarifications appearing in the report (see document PCT/R/WG/9/8) and to possible further drafting changes to be made by the Secretariat, there was no consensus to submit those proposed amendments to the Assembly for consideration at its next session. Rather, the Working Group agreed to submit a factual report on its discussions to the Assembly, and that the factual report should contain a copy of the text of the proposed amendments to the Regulations as approved by the meeting.

The following preliminary drafts are made available to the Working Group so as to give delegations the opportunity to submit comments via the PCT Reform Electronic Forum:

• PCT/R/WG/9 Paper No. 8 contains a preliminary draft of the text of what would be appropriate amendments of the Regulations for the introduction of a supplementary international search system, to be annexed to the factual report to be submitted to the Assembly. The text has been further revised so as to take into account the discussions and agreements reached at the ninth session of the Working Group, and the comments and clarifications appearing in paragraphs 77 to 111 of document PCT/R/WG/9/8.
  • Comments received from the Union of European Practitioners in Intellectual Property (UNION) (PDF format)
• PCT/R/WG/9 Paper No. 9 contains a preliminary draft of further revised proposed amendments to the PCT Regulations approved by the Working Group with a view to their submission to the Assembly for consideration at its next session, in September-October 2007, taking into account the discussions and agreements reached at the ninth session of the Working Group and the comments and clarifications appearing in document PCT/R/WG/9/8.

Background

Since its adoption in Washington in 1970, the PCT has had great success in achieving its objectives. In particular, it has succeeded in simplifying and rendering more economical the obtaining of protection for inventions throughout the world. Having been in practical operation for more than 25 years, the PCT has experienced enormous growth, witnessed by the ever-increasing number of Contracting States and the nearly 122,000 international applications filed in 2004.

An important factor in the PCT's success has been the constant evolution of the system, in which particular regard has always been paid to the needs of both applicants and offices. The Treaty itself was amended in 1979 and subsequently modified in 1984 and 2001. In addition, PCT procedures are revised on an ongoing basis by amendment of the Regulations and the Administrative Instructions.

Efforts aiming at a more substantial reform of the PCT began in October 2000 when an initiative for a concerted effort to reform the Treaty was endorsed by the Assembly of the PCT Union.  Two bodies have been set up to consider proposals for reform and to make recommendations to the Assembly:

• The Committee on Reform of the PCT
• The Working Group on Reform of the PCT

In addition, the Working Group set up in 2002 a virtual task force to consider certain matters relating to quality maintenance and consistency under the Treaty. Its mandate having now been discharged, the task force is considered disbanded.

Measures already adopted

A number of PCT reform related measures to further simplify and streamline the PCT system have already been adopted by the PCT Assembly. >>Most important changes.

Future work

At present, the changes under consideration are limited to matters which can be accomplished through amendments to the PCT Regulations. At its next session, the Working Group on PCT reform will focus on options for future development in the field of supplementary international searches. In addition, some other issues might be discussed.

Comments (available only in the language in which they were submitted)

• Japan's view on the proposed "Supplementary International Search"[PDF] [DOC]
• Posición de la Delegación Española sobre la propuesta de búsquedas internacionales complementarias recogida en el documento PCT/R/WG/9/2 / Position of the Spanish Delegation on the proposal of supplementary international searches as stated in the PCT/R/WG/9/2 document [PDF] [DOC]
• Supplementary PCT searches: Submission on behalf of epi (the Institute of Professional Representatives before the European Patent Office) [PDF] [DOC]