Protection and Quality of Patents (The Harmonization of International Patent Systems)

Abstract

Simplicity and harmonization of international agreements under international trading system has become prevailing principle of international trading system. With the change of global economy with increasing innovation and invention of intellectual property rights as soft law has become one of the 21st trading issues. Many countries has realized the need of protection of intellectual property especially patents as industrial property as their tool of competition for their overall industrial development and national development. Despite presence of different international institutions with different multinational, regional and international patent systems and existing territorial principle and with sovereign power on determination of subject matter of patentability vested to different jurisdictions. But the need of protection and quality of patient has become of global concern. Absence of agreed criteria’s on quality of patents with presence of different patents filing systems under Paris convention and Patent Cooperation Treaty, has resulted into the unnecessary costs and affects easiness of filing patent among Patent holders which may lead to disputes in determination of priority date and recognition of their patent rights in different jurisdictions. Therefore this study examined the protection of patents under existing patent international filing systems of Paris Convention, Patent Cooperation Treaty (PCT) and TRIPS Agreement, The need of Harmonization of the particular International patent filing systems and the determination of the quality of patents protection. The conclusion of this study was mainly based on methodologies of comparative analysis and descriptive analysis.