Provisional applications offer patentees priority; new procedure brings the U.S. in line with international patent law, but there are drawbacks

Article Abstract:

US inventors can since 1995 file provisional patent applications and obtain a priority date for filing subsequent regular applications. Such applications also have the status of regular national filings for establishing a priority date under patent law treaties. Along with advantages such as protecting intellectual property rights due to more rapid provisional filing the uncertainties of provisional patents do present drawbacks. Provisional patents are, for instance, backed up by less complete research and development.

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International treaties; Canada's pharmaceutical laws

Article Abstract:

Issues are discussed regarding the inconsistency of Canada's patent law on pharmaceutical products with the Agreement on Trade-Related Aspects of Intellectual Property Rights. Under the stockpiling exception, a generic pharmaceutical company is not guilty of patent infringement when it makes, uses or sells the patented product to obtain regulatory approval.

Canada, Pharmaceutical industry, Intellectual property

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Patent law; certificates of correction

Article Abstract:

The effect of Southwest Software, Inc. v. Harlequin, Inc.is discussed, in which the U.S. Court for the Federal Circuit held that a certificate of correction issued during a lawsuit had no effect in the case and applied only to causes of action after the issuance of the certificate.

United States

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