Statement by India on Agenda Item 6 (i) on the subject of Quality of Patents & Related Documents, delivered by Dr. Dinesh P. Patil, Assistant Controller of Patents during the 22nd meeting of Standing Committee on the Law of Patents

Madam Chair,

Thank you very much for giving the opportunity to intervene again on the issue of Quality of Patents.

Madam, as you are aware that the Delegation of India has already made its interventions on the documents, SCP/22/3 and 4 right after the presentations of the documents by the WIPO Secretariat. However, with respect to other related documents (SCP/17/7, 8 and 10, SCP/18/9, SCP/19/4 and SCP 20/11 rev.), the Delegation of India reiterates its views expressed in the 21st Session of the SCP and are of the view that the sharing of work of other patent offices is not the remedy for improving the quality of patents and also, it cannot be considered to be a solution for addressing backlog. Rather the sharing of work of other offices could weaken the examination process and capability of patent offices in the developing countries. Thus, in our opinion, steps should be taken to build capacity among patent offices of the developing countries for enabling them to perform their quasi-judicial functions, according to their national laws, in the best manner possible. We therefore, believes that the work sharing should not become an area for norm setting in future.

Madam, we appreciate the study on the sufficiency of disclosure (SCP/22/4) and  would like to compliment the WIPO Secretariat for preparing the document. Also, would like to compliment the Delegation of Japan for giving the credit to Indian delegation for the study on sufficiency of disclosure. However, in our opinion, the study may further be enhanced to probe the role of the sufficiency in the context of the Transfer of technology as envisaged by the Delegation of India in its Opening Statement.

Thank you, Madam Chair.