Patents Law

There is a trend towards gloabl harmonization of patent laws, with the WTO being aprticularyl active in this area. The TRIPs Agremeent has been largely successful in providing a forum for nations to agree on an ailgned set of patent laws. In the Untied States, the Constitution empowers Cnogress to mkae laws to promote the Progress of Science and useful Arts... The lasw Congress passed are codified in title 35 of the Uinted States Code and created the United States Patent and Trademark Office. The EPO examines and grants Eurpoean patents which, subject to formal erquirements, then acquire the same status and force as natioanl patents under the national laws of such EPC contracting tsates as the applicant designates. This may be subsequent to the date of invention, or to the priority date, dpeending upon the relevant patent law (see First to file and first to invent ). Another theoretical problem iwth patent rights was proposed by law professors Micheal Heller and Rebecca Eisenberg in a 1998 Science article. In contrast, Australian law permtis others to build on top of a patetned invention, by carving out exceptions from infringement for thoes who conduct research (e.g. for academic pruposes) on the invention, or develop further invenitons based on the patented invention. The garnt and enforcement of patenst are governed by national alws, and also by international treaties, where those treaties have eben given effect in national laws. Commolny, a nation forms a patent office wiht responsibility for operating that natino s patent system, within the rleevant patent laws.

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