US QUIETLY PROMOTES PATENT HARMONISATION AT DEVELOPED COUNTRY MEETING

Trade analysts are concerned that a number of industrialised countries, led by the US, are trying to move negotiations on patent harmonisation outside the ambit of the World Intellectual Property Organisation (WIPO), according to Intellectual Property (IP) Watch, a Geneva-based reporting service on IP issues. They believe that this would risk undermining the multilateral process for harmonising patent law and procedures. The United States Patent and Trademark Office (USPTO) invited representatives from certain developed countries to a meeting in Alexandria, Virginia on 3-4 February 2005, to discuss patent law harmonisation and other IP related issues.

'Exclusive' nature of meeting raises concern

The harmonisation of patent law and procedures is one of the most controversial subjects currently under debate in WIPO. Positions among member states continue to differ, particularly along North-South lines.

A number of developed countries have been highly critical of the WIPO secretariat for being slow to move the patent harmonisation process forward. IP Watch quotes developing country sources as being concerned that the US and other developed countries are "trying to show they can take the negotiations outside of WIPO if that organisation cannot keep the talks on track by keeping developing countries in check." The 'exclusive' nature of the recent meeting has raised concerns about the forum in which patent harmonisation might be determined. Another trade source suggested that the USPTO is trying to take negotiations on patent harmonisation outside the multilateral track in order to achieve standards for patent harmonisation that are closer to US objectives than any likely result of the WIPO process. These allegations were rejected, however, by a patent official from a participating country, who asserted that meeting was simply a dialogue and there were no specific ideas about its potential outcome prior to the event.

Participants decide on way forward

The countries at the meeting agreed to hold regular sessions in the future to work particularly on patent law harmonisation. Future discussions are to be based on a proposal made by the USPTO, the European Patent Office and the Japanese Patent Office in WIPO (WO/GA/31/10), which calls for an approach prioritising four particular criteria for patentability: definition of prior art; grace period; novelty; and non-obviousness.

Additionally, the UK and the Netherlands agreed to head a subgroup on intellectual property and development. Their discussions will take into account a September 2004 proposal by Argentina and Brazil (WO/GA/31/11) on including a development agenda in the work of all of the bodies of WIPO (see BRIDGES Monthly September 2004). Furthermore, attention will be given to concerns related to access to genetic resources.

The countries that attended the meeting included Australia, Belgium, Canada, Czech Republic, Denmark, European Commission, European Patent Office, France, Germany, Hungary, Ireland, Italy, Japan, Lithuania, Luxembourg, the Netherlands, Portugal, Romania, Slovak Republic, Spain, Sweden, Switzerland, the UK, and the US.

Patent offices of some countries that attended the USPTO meeting indicated that participants agreed that the entire membership of WIPO's 'Working Group B' -- composed primarily of industrialised and Eastern European ountries -- would be invited to the next meeting. The group's next meetings will take place between March and May of this year.

ICTSD reporting; "Australia to Chair New Working Group on Substantive Patent Law Harmonisation," IP AUSTRALIA (Australian Government) NOTICE, 7 February 2005; "United Kingdom to lead Working Group on IP and Development," UK PATENT OFFICE NOTICE, 8 February 2005; "Washington Patent Meeting Stirs Concern," INTELLECTUAL PROPERTY WATCH, 27 January 2005.