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3. Territorial Treatment of Patents
• Each nation has its own patent laws
• Scope of protection may vary from
country-to-country
• Harmonization movement
4. Treaties & Conventions
• Paris Convention
• Patent Cooperation Treaty
• Hague Agreement Concerning the
International Registration of
Industrial Designs
5. The Paris Convention
• Provides a mechanism to claim the right
of priority for patents, designs, and
trademarks.
• Patent applications filed during the
priority year (six months for designs)
receive benefit of the priority date.
• 177 Member states. What if the state is
not a member of the Paris Convention?
7. Patent Cooperation Treaty
• A single international application has the effect of
regular national filings in each designated state.
• The application receives an international search
and a written opinion on patentability. (PCT
Chapter I).
• Opportunity for international preliminary
examination. (PCT Chapter II).
• Enter the national phase in states of interest.
8. Benefits of Using PCT
• The applicant is better informed of invention’s value before
deciding to enter national phase.
• Deferred entry into national phase (30 months from
priority date).
• Costs for filing in each national office are delayed 18
months.
• Possibility for last minute foreign filing (before priority
expiration or statutory bar).
• Greater flexibility in making foreign filing decisions.
9. The Hague System for the
International Registration of
Industrial Designs
• Practical business solution for registering up to 100
designs
• In 70 contracting states
• Through filing one single international application
10. What is an Industrial Design?
• The ornamental or aesthetic aspect of an article.
• An industrial design may consist of three
dimensional features, such as the shape of an
article, or two dimensional features, such as
patterns, lines or color.
11. Timing
• “First to File” – Patent granted to the first filed
application for the invention.
• Absolute Novelty – The prior art constitutes
everything made public anywhere in the world
prior to filing (or priority date) of the patent
application.
• Patent application publication at 18 months.
