ISSUES POSED BY A WORLD PATENT SYSTEM

John Barton

Journal of International Economic Law, 2004, vol. 7, issue 2, 341-357

Abstract: There is a strong drive toward a world patent system, but such a system may pose special problems for the developing world. After reviewing the existing steps toward a global system, this paper describes the standards appropriate to a reasonable global patent, taking the perspective of the developing nations. It then describes a reasonable international enforcement procedure and the defenses appropriate in that process. It finally explores the institutional, financial, and political issues involved in creating such a global system. Movement to an international patent would save money, both by reducing filing fees and by reducing the legal costs of preparing parallel filings. It is possible to globalize the system in a way that raises the standards needed to obtain a patent. This would be better for the developing world, and industry (as opposed to the intellectual property bar) may actually be pleased with such a development. The alternate pattern, exemplified in the WIPO harmonization negotiations, is to create a system like that of the United States with relatively weak patentability standards and broad subject-matter standards and to harmonize those standards with those of generally likeminded nations and regions. The likely political next step is for the major developed countries to encourage developing-nations to sign up to that system. This alternative would be a mistake for the developing nations, and possibly for the developed nations as well. Oxford University Press 2004; all rights reserved, Oxford University Press.

Date: 2004
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