Recognizing that many World Assembly member states use patents to encourage scientific and technological innovation,
Believing that the disclosure of an invention in exchange for temporary exclusive rights to the invention is a fair trade between inventors and the public,
Convinced that the international recognition of patents will incentivize the research and development of inventions throughout all member states while providing inventors with a fair reward for their labours,
The General Assembly,
- Defines "invention", for the purposes of this resolution, as a machine, article of manufacture, composition of matter, process, or improvement thereof;
- Further defines "patent", for the purposes of this resolution, as the set of exclusive rights granted to the creator of an invention, including the right to:
- prevent others from using, manufacturing, offering for sale, importing, or exporting the invention without permission,
- sell or license any of these rights to others,
- seek an injunction and fair damages against any entity that infringes upon these rights, and
- extinguish any of these rights;
- Establishes the World Assembly Patent Office (WAPO), which is hereby directed to:
- receive and process WAPO patent applications exclusively from inventors who are citizens or legal permanent residents of member states at the time of filing,
- establish appropriate conditions for the patentability of an invention with the WAPO, including the requirement that the invention:
- is patentable subject matter, which is to be determined by the WAPO but excludes in particular sapient life,
- was not disclosed or made available to the public prior to the filing of a WAPO patent application for that invention,
- is not obvious, even to others skilled in the same field, and
- has some practical application,
- establish appropriate regulations for the structure and content of WAPO patent applications, including the requirement that the application provide sufficient description to allow a reasonable person in the same field to make and use the invention,
- grant patents for inventions described by valid WAPO patent applications on a first-to-file basis,
- set an appropriate term for each class of WAPO patent that ensures that inventors receive a fair reward for their labours,
- establish and maintain an archive of WAPO patent applications and patents accessible to the general population of all member states, and
- establish and maintain an appeals process for challenging WAPO decisions on the grounds that they violate international law or WAPO regulations;
- Requires all member states to recognize WAPO patents for at least the term set by the WAPO, to the extent permitted by previously passed World Assembly resolutions;
- Authorizes member states to create reasonable limitations and exceptions to WAPO patents when the patent holder uses the rights associated with the patent in a manner determined to have:
- effectively broadened the scope or lengthened the term of the patent,
- caused substantial anti-competitive effects, or
- unfairly blocked access to the invention in a member state;
- Urges member states to pursue harmonization of patent law with other member states to the extent practicable;
- Clarifies that nothing in this resolution should be interpreted as prohibiting member states from recognizing patents granted independently of the WAPO.
