Download Trips Pct Global Patent Procurement online

Trips, Pct & Global Patent Procurement

Markus Nolff

Format: Hardcover

Language: English

Pages: 256

Publisher: Kluwer Law International; 1 edition (July 1, 2001)

ISBN: 9041197400

Format: PDF / Kindle / ePub

Size: 8.9 MB

Downloadable formats: PDF


The introduction of the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement has established a global patent system requiring a high standard of patent protection. However, any consequential increase in patent applications will further strain the resources of patent offices worldwide.

A monolithic "World Patent Office" granting "World Patents" will most likely remain an utopian idea but the Patent Cooperation Treaty (PCT) has successfully demonstrated how to emulate a "World Patent Office" processing "World Patent Applications".

The current PCT only goes halfway towards the grant of a patent, hence, the logical step to handle an increase in patent applications would be to further develop the PCT towards a patent grant procedure. This has been recognised and in late 2000, the Assembly of the PCT Union decided to set up a special body to consider a formal request by the United States for a "Reform of the Patent Cooperation Treaty".

The author discusses, inter alia:

  • TRIPS and the PCT, their provisions and applications;
  • the impact of TRIPS on the PCT;
  • any relationships between the provisions of TRIPS and the PCT, and whether such relationships must be taken into account when interpreting TRIPS or the PCT;
  • potential ways of further developing the PCT, in particular, merging Chapters I and II of the PCT;
  • offering supplemental PCT searches;
  • requiring a complete substantive examination for every PCT application;
  • adding a PCT Registration/Extension Protocol for registering or extending national patents;
  • offering an optional PCT Patent;
  • offering a PCT Technical Opinion.