KEI | 11 August 2015
KEI briefing note on the evolution of TPP negotiating text on patentable subject matter
The attached PDF file is a KEI briefing note on the evolution of certain sections of the TPP negotiating text on patents and patentable subject matter.
The analysis looks at the last three years of draft texts through the May 11, 2015 draft, with comparisons to the relevant language in the TRIPS Agreement. While the U.S. and others seeking expansions of TRIPS obligations have made some concessions over time, the May 11, 2015 proposed text demonstrates that there is an emerging consensus on language that would provide for expanded obligations to grant new patents involving known products, including those associated with evergreening the monopoly protection on drugs. There are also proposals to create a TPP standard for the definition of usefulness or industrial applicability that may make some types of patent reforms more difficult, as is discussed in more detail in the briefing note.