Does U.S. patent law comply with TRIPS Articles 3 and 27 with respect to the treatment of inventive activity?

Article Abstract:

US patent law complies with Articles 3 and 27 of the Trade-Related Aspects of Intellectual Property Rights (TRIPS) on inventive activity, a product of the Uruguay Round. US Code sections governing priority of inventions and prior art have been amended or are essentially in compliance. The conflict of the prior art Hilmer doctrine and related US laws with the TRIPS discrimination as to place of invention provisions is not problematic due to a lack of international consensus on the geographic limitations on the definition of novelty.

Interpretation and construction

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It's time to stop discriminating against PCT/USA national phase patents

Article Abstract:

Section 102(e) of Title 35 has the effect of discriminating against US national phase patent applications under the Patent Cooperation Treaty (PCT) by making the effective date for prior art purposes later for national phase patents than it is for conventional utility patents. Section 102(e) was enacted in 1975 and made effective beginning in 1978 as part of the implementation of the PCT. Congress needs to revise or eliminate the burden that section 102(e) places on national phase patents.

Other Justice, Public Order, and Safety Activities, Patent Law, Prior art (Patent law)

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TRIPS, PCT and global patent procurement

Article Abstract:

The author discusses the need for a global patent procurement process in light of the Agreement on Trade-Related Aspects of Intellectual Property Rights' lack of such process and the success of the 1970 Patent Cooperation Treaty.

International

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