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Topic: Substantive Patent Law Treaty

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	Substantive Patent Law Treaty
		Through international patent treaties, the worldwide patent movement, a lobby of patent lawyers who speak in the name of multinational corporations, industry associations and governments, has already installed an unflexible system, where patents of 20 years runtime have to be granted for "any invention in any field of technology".
		Apparently this corresponds to the opinion of leading European patent law experts represented in WIPO, who have in recent years done everything possible to void the implicit requirement that there be a "technical invention" of its restrictive meaning.
		Patents shall be available for inventions whose disclosure significantly contributes to the progress of the empirical science of nature, i.e.
	eupat.ffii.org /papers/wipo-splt01 (1069 words)

	Substantive Patent Law Treaty
		Through international patent treaties, the worldwide patent movement, a lobby of patent lawyers who speak in the name of multinational corporations, industry associations and governments, has already installed an unflexible system, where patents of 20 years runtime have to be granted for "any invention in any field of technology".
		Apparently this corresponds to the opinion of leading European patent law experts represented in WIPO, who have in recent years done everything possible to void the implicit requirement that there be a "technical invention" of its restrictive meaning.
		Patents shall be available for inventions whose disclosure significantly contributes to the progress of the empirical science of nature, i.e.
	swpat.ffii.org /papers/wipo-splt01 (1069 words)

	Choike - WIPO: Speakers warn against patent harmonization at WIPO forum
		Sulston also stressed that patents are only one instrument of incentive among many and should exist in balance, adding that most of the great discoveries of science were not made with IP in mind at all but for fun and the joy of exploration.
		Korea is in favour of harmonization of patent laws.
		He asked whether the SPLT is desirable, since it could lead to there being less room for the design of innovation policy and adaptation to levels of development, to patent proliferation and less global competition and innovation in developing countries.
	www.choike.org /nuevo_eng/informes/4011.html (3052 words)

	IPLG - Articles - February, 2005
		Patent law harmonization is an effort to make individual national patent laws around the world more uniform.
		Efforts to harmonize international patent laws began with the Paris Convention of 1883, which allowed one to file an application in his home country first and then file corresponding applications within one year in any other signatory country, while retaining the priority date of the previous application.
		In drafting SPLT, initial focus was on the definition of prior art, novelty, inventive step/non-obviousness, industrial applicability/utility, the drafting and interpretation of claims and the requirement of sufficient disclosure of the invention.
	www.iplg.com /resources/articles/patent_law_harmonization.html (615 words)

	GRAIN \| Briefings \| 2003 \| One global patent system? WIPO
		Patents on pharmaceuticals and living organisms became mandatory, while the possibility of adding on development incentives, such as a requirement for local working of the patent, were radically curtailed.
		Patent laws have historically always been national territory, and individual governments are very reluctant to give up their freedom to decide on the rules of patentability.
		Patents are the key to this neo-colonial world order, or even to what has been termed an 'information feudalism', [10] based not on free competition but on monopoly privileges granted to global corporations by the princes of the major military powers.
	www.grain.org /publications/wipo-splt-2003-en.cfm (5582 words)

	Patent: patent search, patent attorney, patent pending
		In order to obtain a patent, an applicant must provide a written description of his or her invention in sufficient detail for a person skilled in the art (i.e., the relevant area of technology) to make and use the invention.
		An important limitation on the ability of a patent owner to successfully assert his or her patent in civil litigation is the accused infringer's right to challenge the validity of that patent.
		Patent licensing agreements are effectively contracts in which the patent owner (the licensor) agrees not to sue the licensee for infringement of the licensor's patent rights, usually in return for a royalty or other payment.
	advantacell.com /wiki/Patent (3291 words)

	:: WSIS? WE SEIZE! :: NEWS:: (Site not responding. Last check: 2007-10-21)
		patents and other iprs are the primary mechanism for ensuring that this sea change in the global economy does not also lead to a more equal distribution of wealth and power.
		the patent law treaty is a new agreement which was negotiated in the late 1990s, concluded in 2000, but has so far only been ratified by seven of the 54 signatories.
		the patent agenda is not a separate process in wipo, but a policy document with the stated objective of facilitating the discussion about the future development of international patent cooperation.
	www.geneva03.org /news/display.php?id=15 (5760 words)

	[A2k] Speakers warn against patent harmonization at WIPO Forum
		Sulston also stressed that patents are only one instrument of incentive among many and should exist in balance, adding that most of the great discoveries of science were not made with IP in mind at all but for fun and the joy of exploration.
		Korea is in favour of harmonization of patent laws.
		He asked whether the SPLT is desirable, since it could lead to there being less room for the design of innovation policy and adaptation to levels of development, to patent proliferation and less global competition and innovation in developing countries.
	lists.essential.org /pipermail/a2k/2006-March/001022.html (2856 words)

	South Bulletin 48 - WIPO's Patent Agenda: For Whom?
		This work is aimed at initially creating uniform substantive patent law standards relating to issues of prior art, novelty, utility and inventiveness, requirements relating to sufficient disclosure, drafting and interpretation of claims, grounds for refusal of an application, and for revocation and invalidation of a patent.
		Higher standards of patent protection are unlikely to have a positive effect on local innovation, except in those few countries (and sectors) that have reached a certain level of technological development and have the capacity to finance substantial research and development.
		While the (patent) system in developed countries is under great strain, for reasons unconnected with developing countries, and there is much duplication of effort in the system, this does not mean that the appropriate solution is to harmonize standards globally, or regard an "international patent" as the overriding objective towards which the system is moving.
	www.southcentre.org /info/southbulletin/bulletin48/bulletin48-01.htm (4306 words)

	External Affairs: International Relations - Patent Law Harmonization
		Work on the study gradually evolved, through the efforts of the Committee of Experts, into a draft substantive harmonization treaty text, known as the “Basic Proposal.” That text was the focus of the ultimately unsuccessful 1991 Diplomatic Conference on the Conclusion of a Treaty Supplementing the Paris Convention as far as Patents are Concerned.
		The goal of the SPLT is the harmonization of issues relating to the grant of patents.
		Substantive patent law harmonization will facilitate the objectives of enhancing patent quality and producing beneficial results for the users of the patent system world-wide.
	www.uspto.gov /web/offices/dcom/olia/ir_pat_harmonization.htm (648 words)

	WIPO 2004-05-10..4 Geneva Patent Policy Session
		This means that innovators will be entitled to worldwide patent protection at very favorable conditions, and, as a consequence, all states will be obliged under international law to accept low patentability standards as an unalterable reality, regardless of whether this serves to promote the progress of science and the useful arts or not.
		After the TRIPS treaty of 1993, a Substantive Patent Law Treaty is about to mandate unlimited patentability with strict limitations on patent quality.
		Substantive Patent Law Treaty (SPLT) is on the agenda.
	swpat.ffii.org /events/2004/wipo05 (716 words)

	CIPO - New Patent Law Treaty
		The Patent Law Treaty is a World Intellectual Property Organization (WIPO) accord designed to simplify and harmonize administrative practices among national and regional intellectual property offices (IPOs).
		The Treaty is expected to result in a clearer set of rules and solid benefits for applicants and owners, as well as their agents.
		By signing the Treaty, Canada is agreeing in principle with the Treaty and its rules, committing to launch the ratification process and to subsequently amend its national patent law so that Canada's patent administrative formalities conform with the Treaty.
	strategis.ic.gc.ca /sc_mrksv/cipo/new/newpatentlaw-e.html (576 words)

	[Random-bits] Text of WIPO DRAFT SUBSTANTIVE PATENT LAW TREATY
		This is a link to the October 16, 2002 draft of the WIPO Substantive Patent Law Treaty, and a few comments on Article 12, which relates to patent scope.
		Jamie http://www.wipo.int/scp/en/documents/session_8/pdf/scp8_2.pdf Article 12 Conditions of Patentability [CPTech note: All of Article 12(1)(b) was deleted.
		The USA had demanded that the TRIPS language requiring patentability in all fields of technology be replaced by an even broader requirement for patents in "any field of activity." Among the areas directly related to this change are the issuance of business method patents and scope of biotechnology patents.
	lists.essential.org /pipermail/random-bits/2002-November/000962.html (487 words)

	Substantive Patent Law Harmonization (Site not responding. Last check: 2007-10-21)
		The SCP further agreed that other issues related to substantive patent law harmonization, such as first-to-file versus first-to-invent systems, 18-month publication of applications and a post-grant opposition system, would be considered at a later stage.
		At its sixth session, in November 2001, the SCP discussed revised draft provisions and agreed on an approach to establishing a seamless interface between the SPLT, the PLT and the Patent Cooperation Treaty (PCT).
		During the seventh, eighth and ninth sessions of the SCP, held from May 6 to 10 and November 25 to 29, 2002, and May 12 to 16, 2003, further revised drafts of the SPLT were discussed.
	www.wipo.int /patent/law/en/harmonization.htm (863 words)

	Patent Laws: SCP (Site not responding. Last check: 2007-10-21)
		The Standing Committee on the Law of Patents (SCP) was created in 1998 and serves as a forum to discuss issues, facilitate coordination and provide guidance concerning the progressive international development of patent law.
		The main achievement of the SCP in the recent past was the negotiation of the Patent Law Treaty (PLT) and its Regulations on patent formalities and procedures.
		The discussions focus on issues of direct relevance to the grant of patents, in particular, the definition of prior art, novelty, inventive step/non-obviousness, industrial applicability/utility, the drafting and interpretation of claims and the requirement of sufficient disclosure of the invention.
	www.wipo.int /patent/law/en/scp.htm (305 words)

	Law - Oxford University Press - UK General Catalogue
		The fourth edition is even better and is a brilliant introduction to pharmaceutical patenting for any new entrant to the patent profession who seriously wants to learn about patenting and the pharmaceutical industry.
		The delayed implementation of the Biotech Patenting Directive in Europe and the modification of the TRIPs agreement to allow compulsory licences for export are dealt with in chapters 3 and 15 and elsewhere.
		Patents for Chemicals, Pharmaceuticals and Biotechnology provides a complete description of the techniques and industry know-how that underlie successful patent practice and portfolio management and will be invaluable to all patent agents and practitioners working in the area of patent law.
	www.oup.com /uk/catalogue/?ci=9780199273782&view=lawview (811 words)

	WIPO - SPLAT
		WIPO's Standing Committee on the Law of Patents circulated a new draft Substantive Patent Law Treaty (see EXCO/GB01/CET/1313 and draft Regulations (see EXCO/GB01/CET/1314) in February this year in advance of their 5th session in Geneva on 14-19 May 2001.
		Greater substantive harmonisation of the patent laws of Member States is a desirable objective.
		In order to achieve fair protection for a patentee, the claims of a patent must be construed to encompass elements which are technically and obviously the equivalents of elements specified in the claims that have been devised since the patent was filed.
	www.ficpi.org /newsletters/49/wipoSPLAT.html (903 words)

	[No title]
		The current effort follows on the successful adoption of a treaty harmonizing the procedural aspects of patent law, in which many of the same potential advantages were recognized.
		Resolution 3, thus, supports that the right to a patent should remain the right of the “true inventor” and the patent laws should continue to provide a true inventor protection against a person who derives the invention from seeking and obtaining a patent for the derived invention.
		However, given the complex and highly technical nature of patent interference practice which accompanies the preservation of the substantive right to patent as the inventor’s right, and the greater simplicity and economy of a “first-inventor-to-file” system, the distinction would appear to have little continuing vitality.
	www.abanet.org /intelprop/summer2002/157.doc (2902 words)

	Patentanwalt Axel H. Horns' Blog on Intellectual Property Law - Patent, Trade Mark & Design
		European Patent Office (EPO) might eventually assess the technical contribution of the invention which might - in view of the present political row on patents on computer-implemented inventions - be expected to be more savagely scrutinised during patent examination than ever before.
		The validity of the patent may be challenged either as a defence in such proceedings, or in proceedings for the revocation of the patent under section 72; and issues of both infringement and validity may be decided in the context of proceedings for groundless threats, brought under section 70.
		In special circumstances provided for in the Rules of Procedure, the Community Patent Court could sit in an enlarged composition, for example in cases where fundamental questions of patent law are concerned or in a reduced composition which could be the case for interim measures or simple cases in main proceedings.
	www.ipjur.com /2004_01_01_archive.php3 (5354 words)

	KinsellaLaw
		Harmonizing World Patent Law: WIPO's May 14, 2002 press release, Progress on Discussions to Harmonize Patent Law, discusses the ongoing work of the Standing Committee on the Law of Patents (SCP) to promote substantive patent harmonization by developing a Substantive Patent Law Treaty (SPLT).
		The draft SPLT covers a number of basic legal principles that govern the grant and the validity 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.
		Under this approach, amending a patent claim to satisfy a Patent Act requirement, including §112's requirements concerning form, creates a rebuttable presumption that the amendment was intended to narrow the claim, thus giving rise to estoppel for equivalents.
	www.kinsellalaw.com /archive/2002_05_01_archive.php (1378 words)

	WHO \| Rich and poor countries divided on patent treaty
		Developing countries fear that a proposed treaty to harmonize patent laws globally could have a devastating impact on their access to essential medicines, diagnostics and vaccines.
		This has led to a “growing insistence on patents for new uses, new formulations, new combinations, and for minor, therapeutically de minimus changes in chemical structures,” he said, referring to minimal changes that some argue should not be covered by separate patents at all.
		Following, opposition to the patent from a cancer patient association and generic companies, the Indian Patent Office rejected the application on the grounds that a new form of a known substance is not an invention.
	www.who.int /bulletin/volumes/84/5/news20506/en/index.html (1723 words)

	Patent Law Treaty - Wikipedia, the free encyclopedia
		The Patent Law Treaty (PLT) is a patent law multilateral treaty concluded on June 1, 2000 in Geneva, Switzerland, by 53 States and one intergovernmental organization, the European Patent Organisation.
		As of May 2006, the PLT was in force in 13 states.
		Its aim is to harmonize formal procedures such as the requirements to obtain a filing date for a patent application, the form and content of a patent application, and representation.
	en.wikipedia.org /wiki/Patent_Law_Treaty (199 words)

	WIPO members split on future work on patent law treaty
		The negotiations at the WIPO's Standing Committee on the Law of Patents (SCP) for a substantive patent law treaty (SPLT) have been bogged down in recent months by disagreement on how to proceed, particularly on the scope of (or issues to be covered by) the treaty and the procedures and schedules to be followed.
		It also recalled that at the SCP meetings on SPLT, the developing countries have put forward proposals to safeguard their policy space, and wanted a balanced approach where all views are considered.
		Full harmonization of patent laws is a broad task and since no progress had been made so far, "we need a new working method." It supported the Casablanca document as pragmatic and balanced.
	www.twnside.org.sg /title2/twninfo225.htm (2051 words)

	[No title]
		That paper assessed the implications of the WIPO patent agenda initiative for developing countries in the context of the ongoing debate on the benefits and costs of patent protection in these countries.
		In particular, the paper identified the negotiations in the SPLT as the most risky for developing countries as these negotiations covered fundamental areas of patent law.
		The whole draft text should be subject to careful scrutiny by developing countries’ delegations, given the risks that the possible harmonization of patent law creates for their countries.
	www.southcentre.org /info/southbulletin/bulletin78/bulletin78-05.htm (516 words)

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