The Second Session of the World Intellectual Property Organization’s (WIPO) Patent Cooperation Treaty (PCT) Working
Group (WG), held on 4-8 May 2009 in Geneva, witnessed a clear division between developed and developing countries regarding the WIPO’s roadmap for reforming the PCT system . The proposalsand the draft roadmap put forward at this PCT session outl ined an ambitious plan to facilitate a World Patent reg ime by increasing the reliance by national patent offices on the PCT search and examination for grant of patents and by reducing the scope of the authority of national offices to conduct search and examinations in the national phase. This plan was strongly pushed by developed countries and a number of users groups that participated in the negotiation on virtually an equal footing with Member States. With elements that substantially depart from the existing PCT framework, these proposals will not only result in de facto substantive patent law harmonization, but also result in automaticpatent grants in all Member States of the PCT. A draft resolution giving life to the roadmap was also suggested for adoption by the Assembly of the PCT Union in September 2009.
However, in the face of strong opposition from the developing countries, the PCT Working Group concluded with only a Chair’s summary and a report of the proceedings to be sent to the PCT Assembly. No resolution on the roadmap was agreed upon due to concerns raised by developing countries. The effective coordination and participation of developing countries in raising these concerns was a key factor in this regard. Furthermore, under the pressure of developing countries, the implementation of WIPO Development Agenda was formally introduced into the agenda of the PCT WG. This article reviews the recent session of PCT and seeks to assist developing countries in addressing the emerging challenges on PCT reforms. While PCT reform is underway, developing countries should actively participate in the PCT negotiations process in the future.