AIPLA/FICPI Colloquium on Reform of the PCT Hotel Radisson SAS, Nice April 8 and 9, 2003 Future Evolution of Search and Examination Philip Thomas Director, Patent Policy Department, WIPO

International ~ national evolution Greater internationalization and modern IT are facts Offices’ workload and duplication of work are facts Strengthen international or national phase? Recognize varying national systems Is survival of the fittest the right paradigm? –competition or cooperation? –applicants or Offices or attorneys or systems? Meet applicants’ expressed needs More options plus less duplication

International examination Less “preliminary” even if still “non-binding” Multiple searches (complete or complementary)? “Top-up” searches at later stage? Examination taking national differences into account? –recognizing (generally small) differences –total harmonization is not a pre-condition “More final” international phase –permit further rounds of amendment –need more time for IPEAs and applicants

International ~ national processing Combination with IPEA’s national examination? Grant procedure –positive IPRP  faster cheaper national grant –international grant? International opposition? (Re-)examination (international) at later stages? International-type examination for national patents? Variations depending on capacity of national Offices