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U.S. patent policy vs. the harmonization treaty patent policy

Article Abstract:

Current trends in US patent law are incompatible with the intention to harmonize patent laws across international borders. The basic philosophies of first-to-file countries contradict US best mode patent filing. There is also the problem of conforming civil law countries with common law countries. The implementation of a harmonized system would damage US patent applicants because of the ease of discovery in the US as compared to other countries. US applicants would have a higher risk in rushing to the patent office which would effect long term US competitiveness in the global market.

Author: Samuels, Gary
Publisher: Patent and Trademark Office Society
Publication Name: Journal of the Patent and Trademark Office Society
Subject: Law
ISSN: 0882-9098
Year: 1993

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Fleecing the golden fleece

Article Abstract:

Small and medium businesses in the US would be hurt by international harmonization of patent law. Multinational corporations would not be hurt by harmonization, as they have not been hurt by increasing patent fees. However, small businesses have already been hurt by fee increases up to $2,000 for a patent lifetime in 1989. Harmonization would double or triple patent applications for one item besides take away third party protection.

Author: Banner, Donald W.
Publisher: Patent and Trademark Office Society
Publication Name: Journal of the Patent and Trademark Office Society
Subject: Law
ISSN: 0882-9098
Year: 1992

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Essay: patent harmonization, protectionism, and legislation

Article Abstract:

International patent law harmonization is hampered in the US by a protectionist trend and the legislative process. The protectionism which occurs in US patent law is fundamentally designed to bring wealth to the US. Legislative roadblocks exist with a civil law approach instead of a common law method with the necessary social consensus on the purpose of patent law different from the old protectionism.

Author: Moy, R. Carl
Publisher: Patent and Trademark Office Society
Publication Name: Journal of the Patent and Trademark Office Society
Subject: Law
ISSN: 0882-9098
Year: 1992

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Subjects list: Analysis, Patents (International law), Interpretation and construction, Patent law
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