Principles of Patent Law Flashcards

Understanding the Principles of Patent Law

1
Q

What does WIPO stand for?

A

World Intellectual Property Organisation

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2
Q

What does EPO stand for?

A

European Patent Office

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3
Q

What does PC stand for?

A

Paris Convention

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4
Q

What date did the Paris Convention take place?

A

1883

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5
Q

How many other know treaties are there are there?

A

TRIPS ( Trade-Related Aspect in Intellectual Property Rights, PCT ( Patent Co-operation Treaty, Budapest Treaty, Strasberg Agreement, and the Patent Law Treaty.

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6
Q

Who administers the Paris Convention?

A

WIPO

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7
Q

What are the 4 categories in the PC?

A

1 Rights of National Treatment
2 Rights of Priority
3 Common Rules
4 Implementation and Administration

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8
Q

When di the WTO (World Trade Organisation) adopt TRIPS?

A

1994

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9
Q

What did the WTO set out to do in adopting PC and TRIPS?

A

1 Minimum standard of protection
2 National Treatment principles
3 Right of priority
4 MFN ( Most Favoured Nation ) principle

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10
Q

What is the National Treatment Principle?

A

Each member nation of PC the must grant equal treatment to citizens of member states.

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11
Q

What is the principle of “Independence of the Patents”?

A

Patents for the same invention applied for in different countries are considered to be independent and not the same patent.

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12
Q

What is the PCT ( Patent Cooperation Treaty?)

A

It allows simultaneous patent protection in every member country when filing a single international Patent application.

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13
Q

Who administers the PCT Treaty?

A

WIPO

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14
Q

When did the Patent Law Treaty come into force?

A

2005

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15
Q

What aspect of Patents does the Budapest Treaty deal with?

A

The deposit of microorganisms

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16
Q

How many classes of patents are there under the StrasbergTreaty?

A

118

17
Q

What is the aim of The Strasberg Treaty?

A

To subdivide technologies into groups for classification

18
Q

Are applicants for Patents with the EPO all members of the European Union?

A

No, the EPO allow nonmembers to make applications under validation agreements

19
Q

How many routes are there when applying for Patent Protection?

A

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.

20
Q

How long does an applicant to a National Patent Office have to decide which Countries he would like his Patent to be filed in?

A

One Year

21
Q

What is a Unitary Patent under the EPO rules?

A

It is a patent which has effect in all EU member countries

22
Q

Are all EU members a part of this Unitary Patent Agreement?

A

No