Week 2 Flashcards
The different layers of the international patent system. International sources and principles in patent law. National, regional and international patent application. European patent with the unitary effect.
What is advantages of filing international patent application?
Another advantage of filing an international patent application under the PCT is the international search report and the written opinion. Inventors receive these documents about four months after they hand in their international patent applications. The report and the written opinion are very useful because they give inventors a better idea of whether their invention can meet the novelty and inventive-step requirements in order to obtain a patent in all the countries that they have selected. If they are negative, an inventor can use the information in them to improve or modify the invention so that it will then meet the novelty and inventive- step conditions. The inventor might also decide to abandon the invention at this stage before paying various patent application fees for an invention which may not be granted a patent.
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.
What are the 4 categories in the PC?
1 Rights of National Treatment
2 Rights of Priority
3 Common Rules
4 Implementation and Administration
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.
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 StrasbourgTreaty?
118
What is the aim of The Strasbourg 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
