Title: Global administrative crisis of the patent system
Abstract: Examining the global patent system from the point of view of administrative bodies deciding on granting patents, the author points out at constant tension existing between the very complex patenting procedures and increase of filings of patent applications, on one hand, and limited institutional capacities of patent administrations, on the other hand. Following the review of major international agreements serving the purpose of rationalization of the procedure for obtaining a patent for the same invention in more than one state, the explanation has been given of mechanisms establishing the three patent administrations - European Patent Office, United States Patent and Trademark Office and Japan Patent Office (the so called Trilateral) as informal pillars of the global patent system. The light has been shed on risks vesting in actual trends exhibited in the mentioned three patent administrations in form of piling up pending applications, extended tendency periods, decrease of quality level of decisions etc. It is stated that the solution of the problem is to be found in the systemic co-operation of the offices of the Trilateral, whereby such a cooperation is not possible for the time being due to significant differences in the procedural and substantive patent law applied by these offices. After making a comparative analysis of major differences in patent law of the European Patent Organization, U.S.A. and Japan, the author expresses his doubt in respect of mechanisms of the World Intellectual Property Organization to provide any advanced level of international harmonization of patent law. It seems more probable that unilateral and co-ordinate legislative initiatives towards harmonization will have to be made by the European Patent Organization, U.S.A. and Japan.
Publication Year: 2006
Publication Date: 2006-01-01
Language: en
Type: article
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