Int'l Patent - Intl IP Module 3 Patent Law Int'l IP, Fall...

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Int'l IP, Fall 2009, Prof. Greg R. Vetter 1 3- Int’l IP Module 3 Patent Law Copyright © 2009 Greg R. Vetter Al rights reserved. Provided for student use only. Int'l IP, Fall 2009, Prof. Greg R. Vetter 2 3- The elements of Patentability Patentable subject matter , i.e., patent eligibility Useful/utility (operable and provides a tangible benefit) New (statutory bar, novelty, anticipation) Nonobvious (not readily within the ordinary skills of a competent artisan at the time the invention was made) Specification requirements (enablement, written description, best mode, definiteness) claims Elements of Patentability Apply Invent Issue Exclude Others Expire
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Int'l IP, Fall 2009, Prof. Greg R. Vetter 3 3- The First Successful U.S. Factory What is the interaction between international trade and patents? Int'l IP, Fall 2009, Prof. Greg R. Vetter 4 3- Maskus - Lessons from Studying the Int'l Economics of IP Rights TRIPS income shifting IPRs stimulate international economic activity? Trade FDI Licensing IPRs and growth? IPRs and “deepening” markets
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5 3- India Patent Protection – WTO DSU Appellate Body (1997) WTO Appellate body reversed panel “disciplines formed under GATT 1947” apply to interpreting TRIPS But, that does not incorporate the “legitimate expectations” principle into a violation complaint Panel misapplied the Vienna Convention The legitimate expectations of the parties are in the treaty itself Must not add or diminish rights – DSU Art. 3.2, 19.2 So, a panel must not always take into account legitimate expectations concerning conditions of competition This is in the context of non violation complaints Article 70.8 “mailbox” system for filing patent applications before TRIPS obligated India to protect patents Dispute is over whether India’s mailbox system is in compliance with Art. 70.8 Int'l IP, Fall 2009, Prof. Greg R. Vetter 6 3- India Patent Protection Art. 70.8 (a) . . . provide . . . a means by which applications for patents for such inventions can be filed; (b) apply to these applications, as of the date of application of this Agreement, the criteria for patentability as laid down in this Agreement as if those criteria were being applied on the date of filing in that Member or, where priority is available and claimed, the priority date of the application; (c) provide patent protection in accordance with this Agreement as from the grant of the patent and for the remainder of the patent term . . . A developing country may delay providing patent protection not previously protectable until 1/1/2005. TRIPS Art. 65. But, Art. 70.8 applies without regard to Transitional Arrangements
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This note was uploaded on 04/05/2010 for the course LAW LAW6571 taught by Professor Abbott during the Spring '10 term at Florida State College.

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Int'l Patent - Intl IP Module 3 Patent Law Int'l IP, Fall...

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