VIEWS ON THE NEW INTERNATIONAL PRELIMINARY REPORT ON PATENTABILITY PROCEDURE (“MERGER OF PCT CHAPTERS I AND II”): ADVANTAGES, PROBLEMS AND FUTURE OPPORTUNITIES RICK D. NYDEGGER PRESIDENT-ELECT AMERICAN INTELLECTUAL PROPERTY LAW ASSOCIATION NICE, FRANCE – APRIL 9, 2003.
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VIEWS ON THE NEW INTERNATIONAL PRELIMINARY REPORT ON PATENTABILITY PROCEDURE (“MERGER OF PCT CHAPTERS I AND II”): ADVANTAGES, PROBLEMS AND FUTURE OPPORTUNITIESRICK D. NYDEGGERPRESIDENT-ELECT AMERICAN INTELLECTUAL PROPERTY LAW ASSOCIATIONNICE, FRANCE – APRIL 9, 2003
The new merger procedure for Chapters I and II is potentially the most significant change in PCT procedure to come along since the PCT was first instituted. Realization of the potential of that change for driving a standardized filing and search procedure that will truly result in the realization of i) improved work sharing, and ii) issuance in the member states of better quality, more timely patentswill depend on the level of resolve to see that the additional reforms are put into place that are needed, as noted above. If there is a silver lining to the current crisis created by the backlog of cases now pending in the major IP offices of the PCT member states, perhaps it is that that crisis will fuel the resolve to make sure that this reform effort does not fail.