Statement by India
At the 27th session of the Standing Committee on the Law of Patents delivered by N.Ramchander, Deputy Controller of Patents & Designs at the World Intellectual Property Organisation, Geneva on 13th December, 2017
AGENDA ITEM 9: QUALITY OF PATENTS, INCLUDING OPPOSITION SYSTEMS
The Delegation of India reiterates and draws the attention to the discussion had in the twenty-third session said that the reuse of search and examination results under the PPH was carried out, while respecting the national sovereignty of participating offices. However the infrastructural, technical capabilities and patentability requirement are different in different States hence the harmonization in this regard is not possible. The Delegation emphasizes further study is required to understand the role of “sufficiency of disclosure” in the context of transfer of technology, since the transfer of technology vis-a-vis the sufficiency of disclosure is also linked to the patent quality. Further Delegation states and believes that as long as the work of the SCP remains within studies, then there is no threat to the patent system. In this context, it is further reiterated that there should not be any attempt for harmonization of patent system and sovereignty of the member states needs to be respected the Paragraph 8 of SCP/24/3.
Thank you Chair
