TRIPS, PCT and Global Patent Procurement

The introduction of the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement has established a global patent system requiring a high standard of patent protection. However, any consequential increase in patent applications will further strain the resources of patent offices worldwide. A monolithic "World Patent Office" granting "World Patents" will most likely remain a utopian idea but the Patent Cooperation Treaty (PCT) has successfully demonstrated how to emulate a "World Patent Office" processing "World Patent Applications". The current PCT only goes halfway towards the grant of a patent, hence the logical step to handle an increase in patent applications would be to further develop the PCT towards a patent grant procedure. This has been recognised and, in late 2000, the Assembly of the PCT Union decided to set up a special body to consider a formal request by the United States for a "Reform of the Patent Cooperation Treaty".

The author discusses, inter alia:

• • TRIPS and the PCT, their provisions and applications;
• • The impact of TRIPS on the PCT; any relationships between the provisions of TRIPS and the PCT, and whether such relationships must be taken into account when interpreting TRIPS or the PCT;
• • Potential ways of further developing the PCT. In particular, merging Chapters I and II of the PCT; offering supplemental PCT searches; requiring a complete substantive examination for every PCT application; adding a PCT Registration1 Extension Protocol for registering or extending national patents; offering an optional PCT Patent; and offering a PCT Technical Opinion.

The work''s thorough analysis will make it a valuable resource for patent attorneys, scholars, and those working in the fields of international patent procurement and patent law.