Transcript Excepciones a la patentabilidad

Standing Committee on the Law
of Patents
• Created in 1998, it ‘serves as a forum
to discuss issues, facilitate coordination
and provide guidance concerning the
progressive international development of patent
law...
International development of patent
law: multilateral treaties
•TRIPS Agreement (approval of art. 31 bis;
disclosure obligation, review of art. 27.3(b)
•Patent Law Treaty (2000): 27 contracting parties
•Draft Substantive Patent Law Treaty
International development of patent law:
bilateral/plurilateral treaties
• -IP bilateral treaties
• Free trade agreements (FTAs), European
Partnerships Agreements (EPAs)
• Anti-counterfeiting Trade Agreement (ACTA)
• Trans Pacific Partnership Agreement (TPP)
What kind of development?
• Outside the multilateral system
• In the context of secret, industry led and
asymmetric negotiations
• With the objective of expanding patent rights,
strengthening enforcement
• Absence of public interest perspective
• Focus on pharmaceutical patents
Patent term
• Extension of the patent term to compensate for
delays in patent examination or in the approval
of pharmaceutical products
– Failure of the administration, burden on society
Patent linkage
• New exclusive right –to prevent precommercialization acts
• Patent enforcement through national
drug agencies
Patentability standards
• Each Party shall provide that a claimed
invention is industrially applicable if it has a
specific, substantial, and credible utility
Patentability standards: TPP draft
• Patents shall be available for any new forms,
uses, or methods of using a known product;
• and a new form, use, or method of using a
known product may satisfy the criteria for
patentability, even if such invention does not result in
the enhancement of the known efficacy of that product
(art. 8.1)
Border measures
• Goods in transit
• Suspected infringement of any
intellectual property right, including
patents
Domestic enforcement
•
Infringement + damages in cases of
non-commercial use
• Compensation without damages
SCP, patents and public health (1)
• Erosion of TRIPS flexibilities
• Proliferation of patents
– -without inventive step/novelty
– -overbroad scope (Markush claims)
SCP, patents and public health
(2)
• Transparency, e,g. information on International
Non Proprietary Names (INN)
• Limited presumption of validity
• Control of anti-competitive practices, including
deceiving patent offices
The role of patent offices
• The patent office should function ‘as a steward
of the public interest, not as a servant of patent
applicants. The PTO must protect the public
against the issuance of invalid patents that add
unnecessary costs and may confer market
power…
•
Federal Trade Commission (2003), To promote innovation: the proper balance
of competition and patent law policy, available at htpp://www.ftc.gov, p. 14.