International Patent System

The is no particular form or prescribed yardstick of existence of International Patent System but rather we when refer to International system with respect to patent then it is the practice of international patent relations resulting from the existing international treaties relating to patents. Different countries have different patent laws which are connected to each other by the international conventions. The International Patent System has three elements, firstly being conventions and the other two elements are the national patent laws of the sovereign states, and the practices, which involve the use of foreign patents in international trade and investment.

International treaties have long played a significant role in shaping different aspects of patent law. In addition to the Paris Convention, the other treaties are the Patent Co-operation Treaty, TRIPs agreement and the Convention on Biological Diversity. These treaties are aimed at harmonization of national patent laws.

The most important international organizations for patent law are WIPO and WTO. The WTO governs the Trade Related Aspects of Intellectual Property Rights (TRIPs). WIPO is the main organization for the governance of all the treaties other than TRIPs. The TRIPs agreement requires all the state parties to comply with minimum standards set in the agreement within the stipulated period. The advancement in technology has led to a tremendous development in the patent system at the international level and also in the economic growth of the nations. Patents were originally developed for chemicals and mechanical products. In recent decades, the patent system has been expanded from chemical and mechanical products to human, animal and plant life, 3D printing, Artificial intelligence, etc. There are different approaches of the nations to protect the inventions through patent law through national legislation and judicial interpretation. There have been  recent developments in the Patent Cooperation Treaty (PCT) ,and has tried to meet the needs of the contracting states and also India being a contracting state has taken few initiatives by providing digital platform.

Recent developments in the sphere of patent law have been diversified in nature. The patent system has been continuously evolving and steps have been taken recently to strengthen the PCT system which enables the inventors to file a single international application with less procedural formalities and which is providing digital technology Also various agreements are entered into between nations to help in the technological development and economic growth by providing opportunities to the inventors. India has also taken some initiatives like resolving currency issue, increasing the number of patent offices, etc to make the patent filings easier at the global level. But there should be a mechanism to review the changes implemented at the international level to check the loopholes and drawbacks so that needs of the inventors are catered in an efficient way.

Abhilash Sapre

Assistant Professor, Department of Law, Kalinga University

Email Id: abhilash.sapre@kalingauniversity.ac.in

Reference/Citation

Document LAW.docx (D18991788)

The is no particular form or prescribed yardstick of existence of International Patent System but rather we when refer to International system with respect to patent then it is the practice of international patent relations resulting from the existing international treaties relating to patents. Different countries have different patent laws which are connected to each other by the international conventions. The International Patent System has three elements, firstly being conventions and the other two elements are the national patent laws of the sovereign states, and the practices, which involve the use of foreign patents in international trade and investment.

International treaties have long played a significant role in shaping different aspects of patent law. In addition to the Paris Convention, the other treaties are the Patent Co-operation Treaty, TRIPs agreement and the Convention on Biological Diversity. These treaties are aimed at harmonization of national patent laws.

The most important international organizations for patent law are WIPO and WTO. The WTO governs the Trade Related Aspects of Intellectual Property Rights (TRIPs). WIPO is the main organization for the governance of all the treaties other than TRIPs. The TRIPs agreement requires all the state parties to comply with minimum standards set in the agreement within the stipulated period. The advancement in technology has led to a tremendous development in the patent system at the international level and also in the economic growth of the nations. Patents were originally developed for chemicals and mechanical products. In recent decades, the patent system has been expanded from chemical and mechanical products to human, animal and plant life, 3D printing, Artificial intelligence, etc. There are different approaches of the nations to protect the inventions through patent law through national legislation and judicial interpretation. There have been  recent developments in the Patent Cooperation Treaty (PCT) ,and has tried to meet the needs of the contracting states and also India being a contracting state has taken few initiatives by providing digital platform.

Recent developments in the sphere of patent law have been diversified in nature. The patent system has been continuously evolving and steps have been taken recently to strengthen the PCT system which enables the inventors to file a single international application with less procedural formalities and which is providing digital technology Also various agreements are entered into between nations to help in the technological development and economic growth by providing opportunities to the inventors. India has also taken some initiatives like resolving currency issue, increasing the number of patent offices, etc to make the patent filings easier at the global level. But there should be a mechanism to review the changes implemented at the international level to check the loopholes and drawbacks so that needs of the inventors are catered in an efficient way.

Abhilash Sapre

Assistant Professor, Department of Law, Kalinga University

Email Id: abhilash.sapre@kalingauniversity.ac.in

Reference/Citation

Document LAW.docx (D18991788)