PUBPOL 373 Lecture Notes - Lecture 14: John Wiley & Sons, World Intellectual Property Organization, Patent Cooperation Treaty

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The convention ensures that patents acquired in signatory countries will provide the same patent protection for patentees regardless of their nationality. It does not guarantee that patent protection will be the same from country to country. The right to priority establishes a filing date that holds for subsequent filings in other signatory countries during a given period. The 12 month grace period gives inventors time to decide whether they want to pursue filing in another country. Pursuing an application in another country requires obtaining translation, adhering to foreign patent law requirements, and quite likely the aid of international counsel. One consideration is whether the costs of the application are worth the protection gained in the foreign country. Implemented with the goal of ameliorating the process of applying in multiple countries by providing a more unified filing procedure. May file a single international application and designate in which countries he is seeking patent protection.

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