STANDING COMMITTEE ON THE LAW OF PATENTS (SCP)
Background
According to WIPO, “the SCP was created in 1998 to serve as a forum to discuss issues, facilitate coordination and provide guidance concerning the progressive international development of patent law. By dealing with clusters of interlocking issues rather than working on single issues in isolation, the Committee provides member states with a forum for sharing information and working towards the development of the international patent system with an inclusive and coordinated approach. The Committee is composed of all member states of WIPO and/or the Paris Union. As observers, member states of the UN who are neither WIPO nor Paris Union members, as well as a number of accredited intergovernmental and non-governmental organizations may also attend the sessions of the SCP.”1
Next meeting (Thirty-Eighth Session)
Date: November 2 to November 6, 2026
Website: https://www.wipo.int/meetings/en/details.jsp?meeting_id=89811
Draft Agenda (SCP/38/1 PROV.)
- Opening of the session
- Adoption of the agenda
- Election of a Chair and two Vice-Chairs
- Report on the international patent system: Certain aspects of national/regional patent laws
- Exceptions and limitations to patent rights
- Quality of patents, including opposition systems
- Patents and Health
- Confidentiality of communications between clients and their patent advisors
- Transfer of technology
- Future work
- Summary by the Chair
- Closing of the session
Key Issues
Current discussions within the SCP address several thematic areas:
- Exceptions and limitations to patent rights: The Committee has developed draft reference documents on various exceptions, including experimental use, prior use, regulatory approval, and exhaustion of rights. Discussions have also addressed exceptions related to farmers and breeders, private and non-commercial use, and inventions required for national defense.
- Quality of patents, including opposition systems: Discussions have addressed patentability criteria such as inventive step and sufficiency of disclosure, as well as opposition systems and examination practices. Issues related to artificial intelligence have also been considered, including inventorship and challenges in assessing patentability criteria. Concerns have been raised regarding certain practices that may affect the duration of exclusivity and create uncertainty. Additional work includes the preparation of materials on examiner conduct and further exchanges on AI-related issues.
- Patents and health: The SCP has continued discussions on the role of the patent system in supporting innovation and access in the health sector. This includes the use of patent information databases and the role of flexibilities in facilitating access to medicines and related technologies.
- Confidentiality of communications: The Committee has examined issues related to the confidentiality of communications between patent advisors and clients, including whether and how such protections should be recognized across jurisdictions. Discussions have focused on national practices and the legal characterization of such protections.
- Transfer of technology: Discussions have addressed the relationship between the patent system and technology transfer, including issues related to licensing, university inventions, standard-essential and FRAND licensing.
- Patent harmonization: Discussions have reflected differing views among Member States regarding the role of harmonization within the SCP. While some Members have emphasized the relevance of harmonization within the Committee’s mandate, others have supported maintaining a focus on fact-finding and technical discussions.
References:
- Proposal of Brazil on Exceptions and Limitations to Patent Rights (SCP/19/6), https://www.wipo.int/edocs/mdocs/scp/en/scp_19/scp_19_6.pdf
- Joint Proposal by the African Group and the Development Agenda Group SCP Work Program on Patents and Health (SCP/16/7), https://www.wipo.int/edocs/mdocs/scp/en/scp_18/scp_18_ref_scp_16_7.pdf
- Proposal by the African Group for a Work Program on Patents and Health (SCP/24/4), https://www.wipo.int/edocs/mdocs/scp/en/scp_24/scp_24_4.pdf
- Nirmalya Syam and Ningxiner Li, “WIPO Standing Committee on the Law of Patents: Deepening Fault Lines between Developed and Developing Countries on Patent Harmonization”, SouthNews, No.542, 27 November 2025. https://us5.campaign-archive.com/?u=fa9cf38799136b5660f367ba6&id=662cd90979 The WIPO Patent Agenda: The Risks for Developing Countries, TRADE Working Paper 12, 2022, South Centre Pape…
