Next steps for WIPO ST.26

For years now, we have anticipated the implementation of WIPO ST.26 on January 1, 2022.  This date has been noted in calendars around the world (at least mine) for a very long time.  So, what has changed? 

Looking back to the end of last year, the Committee of WIPO Standards met from November 30th to December 4th and approved several revisions to the Standard. They also discussed the continued progress and development of WIPO Sequence which was first available in beta form on April 7, 2020.  The now stable version 1.0.0 is available to download and test free of cost to all applicants and 4 helpful webinars were provided to guide applicants on the standard and its use (foreign language versions are upcoming). The final English webinar took place on May 19th and everything seemed right on track. So, what has happened since then?

A month or so ago, the WIPO Sequence website noted that patent offices were having difficulty completing the steps required for implementation before January 1, 2022 and that the CWS was recommending a postponement to July 1, 2022.  This decision is anticipated to take place at the WIPO General Assembly meeting next month.

The concern: the amended PCT Regulations are not expected to be adopted until the PCT Assembly meeting in October, therefore, members of various Offices have indicated to the International Bureau that they will be unable to recognize these changes or amend their national processes in time for the January 1st implementation.  As a result, the Sequence Listing Task Force has recommended and agreed upon a 6-month postponement of the implementation.  The International Bureau issued a circular and the responses from 29 member states indicated the following:

• ·        All responses supported the postponement.

• ·        While some offices were ready for implementation, they recognized the need to maintain a single date and simultaneous transition.

• ·        Offices viewed the additional time as useful to perfect the WIPO Sequence suite, including adding further detail to the user guide and operations manual.

• ·        Refresher webinars will be provided closer to the implementation.

As the responses to the circular were overwhelmingly in favor of the postponement, it is all but guaranteed that the new implementation date will be July 1, 2022. We will know for sure at the conclusion of next month’s meeting and I will keep you posted on the outcome!