International Harmonization Efforts - the mess gets messier

Yesterday, the Patent and Trademark Office formally announced that patent law harmonization talks stand stalled at the World Intellectual Property Organization (WIPO).  Efforts to harmonize patent laws around the globe have been a fine mess for some time.  But now, an impasse is evident, and the future is very murky.

The US has lead a group of developed nations in an effort to limit harmonization talks to a group of “first package” issues (scope of prior art, grace period, novelty, etc.).  The limitation is intended to spur progress on the talks — many believe that without any limitation on the broad spectrum of potential agenda items, the prospect for progress is dismal.  In contrast, developing nations have opposed the attempts to limit the agenda and seek to include discussions on other items, including the scope of patentable subject matter and compulsory licensing provisions.  Not surprisingly, Brazil has been the most visible opponent to the efforts of developed countries.

See this prior PTP post for a background of the positions of various nations and status of the talks before the announcement made yesterday:  International patent law harmonization efforts: a fine mess (March 16, 2005).

The future of WIPO as a framework for international harmonization is in serious jeopardy.  The stalling of talks at the agenda-setting stage highlights the deep divide between the substantive agendas of the two groups.  If developed and developing nations can’t agree on the subjects to be addressed, the likelihood that any substantive progress can be made is extremely low.

So what is the future for WIPO as a framework for harmonization?  We’ll have to wait for that answer.  Look for the PTO to lead additional meetings of developed nations in the near future.

[Copyright 2005 J. Matthew Buchanan. Originally published on Promote the Progress (http://www.promotetheprogress.com).]