Actas - Consejo de los ADPIC - Ver detalles de la intervención/declaración

Estados Unidos de América
F Revocation of patents
46. The representative of the United States referred to document IP/C/W/32 and underlined that the principal issue governing the revocation of patents under the TRIPS Agreement was the compliance of the subject matter patented with the basic criteria of patentability and patent eligibility specified in the TRIPS Agreement. A WTO Member operating under the TRIPS Agreement could properly revoke a patent when that Member would have been justified in denying the patent in the first instance. Thus, for example, if it could be shown that there was a failure to meet one of the conditions for patentability, such as novelty or non-obviousness, a patent could properly be revoked by a Member. Similarly, if a patent had been issued in error because the subject matter was not patentable, a WTO Member was free to revoke the patent, provided that the appropriate administrative and judicial procedures were followed. His delegation had raised these basic points for the purpose of addressing a theory that the TRIPS Agreement did not preclude a Member from revoking a patent in order to serve other general societal goals, such as promoting technology transfer for environmentally sound technologies. He believed that these basic points were clearly consistent with the provisions of the TRIPS Agreement and invited other delegations to share their views on this topic. The points that he had made so far fully addressed the concerns his delegation had on this topic and he proposed that the item not be placed on the agenda for further discussion.