Lamenting the 3 to 5 million unprocessed patent applications pending globally, Gurry said that the Patent Cooperation Treaty (PCT) must be moved “to a higher level of cooperation”.
He said: “The function of the PCT is to avoid excessive duplication within the system. We need to find ways in which the chief participants of the PCT avoid duplicating each other’s work.” To that end, Gurry said that WIPO is discussing a “PCT roadmap” to ensure the continued strength of the PCT.
Chief Judge Paul Michel of the US Court of Appeals for the Federal Circuit also spoke at the event and outlined the “agenda facing the global IP community”, which he identified as comprising several “emerging issues”. These include: 1) coordinating overlapping infringement suits in different jurisdictions; 2) building systems to integrate a form of encouraged Alternative Dispute Resolution; 3) determining what constitutes patentable subject matter from the perspective of different countries; and 4) addressing the problem of overwhelmed courts and IP offices.
Michel also referred to the USPTO as a “highly distressed institution” and underscored the importance of filling the open position of director of the IP Office, who he said “quite possibly will be someone sitting in this room”.
Those present included James Pooley of Morrison & Foerster, Q Todd Dickinson of AIPLA and David Kappos of IBM, who have all been touted as front runners for the role.
Michel added that several positions in his own court will be open in the near future, as four of the 12 active CAFC judges are now eligible for retirement, and four more will be eligible within another two years. “There is change everywhere,” said the judge.
The 5th International Judges Conference drew 195 attendees, including 67 judges representing 32 countries. Judges took part in panel discussions on subjects such as patentable subject matter, transnational enforcement and differing approaches to the patent litigation process.
