Principles of Patent Law Flashcards
Understanding the Principles of Patent Law
What does WIPO stand for?
World Intellectual Property Organisation
What does EPO stand for?
European Patent Office
What does PC stand for?
Paris Convention
What date did the Paris Convention take place?
1883
How many other know treaties are there are there?
TRIPS ( Trade-Related Aspect in Intellectual Property Rights, PCT ( Patent Co-operation Treaty, Budapest Treaty, Strasberg Agreement, and the Patent Law Treaty.
Who administers the Paris Convention?
WIPO
What are the 4 categories in the PC?
1 Rights of National Treatment
2 Rights of Priority
3 Common Rules
4 Implementation and Administration
When di the WTO (World Trade Organisation) adopt TRIPS?
1994
What did the WTO set out to do in adopting PC and TRIPS?
1 Minimum standard of protection
2 National Treatment principles
3 Right of priority
4 MFN ( Most Favoured Nation ) principle
What is the National Treatment Principle?
Each member nation of PC the must grant equal treatment to citizens of member states.
What is the principle of “Independence of the Patents”?
Patents for the same invention applied for in different countries are considered to be independent and not the same patent.
What is the PCT ( Patent Cooperation Treaty?)
It allows simultaneous patent protection in every member country when filing a single international Patent application.
Who administers the PCT Treaty?
WIPO
When did the Patent Law Treaty come into force?
2005
What aspect of Patents does the Budapest Treaty deal with?
The deposit of microorganisms
How many classes of patents are there under the StrasbergTreaty?
118
What is the aim of The Strasberg Treaty?
To subdivide technologies into groups for classification
Are applicants for Patents with the EPO all members of the European Union?
No, the EPO allow nonmembers to make applications under validation agreements
How many routes are there when applying for Patent Protection?
There are 3 routes:-
1 A National Patent
2 Application to the WIPO for an International Patent for assessment.
3 An application to there national or Regional Patent office.
How long does an applicant to a National Patent Office have to decide which Countries he would like his Patent to be filed in?
One Year
What is a Unitary Patent under the EPO rules?
It is a patent which has effect in all EU member countries
Are all EU members a part of this Unitary Patent Agreement?
No
