Re: GATT, WTO and patents Quote:
Originally Posted by vina Recently I read a comment by some inventor (of a bogus invention, US patent office refused to grant him a patent) that he has taken a patent in Mexico and thanks to GATT and WTO that would be valid in USA. |
That view is incorrect. Patents have national, not international jurisdiction even after WTO. Quote:
Originally Posted by vina I always thought one needs to obtain patents in all countries where one intends to enforce those, but looks like that isn't the case. |
What you always thought is the correct view. You need to obtain patent in all the countries where you want to protect your invention. Quote:
Originally Posted by vina Basically, if I take a patent in India but do not apply for on in USA, will it be enforceable in USA later? |
No, it will not be enforceable in USA unless you obtain a separate US patent.
Under the Paris Convention and the Patent Cooperation Treaty (PCT), there is now an international patent filing procedure whereby one can file an "international" application (also called PCT Application) whereby your PCT application is subjected to (1) prior art search & (2) preliminary examination by international authorities chosen by you. This international application is separate from your normal patent application filed in the Indian patent office for grant of Indian patent. The international application can be filed in the same office within a specified time period of the filing the Indian application but would still benefit from the "priority" date of the Indian application.
This system enables a common, unified search and preliminary examination of your invention by an international authority of your choice. However, once the international search and prelim. examination is complete and assuming that your application has been cleared, you will be required to file a separate application in each country where you want patent protection. This is the so-called "national" phase of your international application. Since your application has been already subjected to prior art search and prelim. examination by an international authority, the foreign patent offices will not subject your application to another search during the national phase and would straightaway proceed to detailed examination, thereby saving time and money.
In the old system, you had to file a separate application in each country, every application being independently subjected to the same processes in different patent offices. The PCT system avoids unnecessary duplication of work so far as the intial processes (search and prelim. exam) are concerned. However, beyond that, the system is the same and as of now, there is no "international" patent anywhere in the world.
India joined the PCT in 1998 and so Indians can benefit from this simplified procedure.
Hope this makes things clearer. |