Patent Laws Around the World
This webpage provides links to patent offices around the world and tutorials on patent laws in different countries and regions. We invite you to provide us with more news and views about the laws in your country or region (e-mail firstname.lastname@example.org or make a posting in our Forum).
Many countries accept national phase patent applications based on "world patent applications" (WO publications) made under the Patent Cooperation Treaty (PCT). The World Intellectual Property Organization (WIPO) maintains a database of WO published international patent applications (also known as PCT applications). The Patent Lens database has all the WO publications for the life sciences. Many of these patent applications correspond to patents that are later granted in multiple countries, but many are never granted in any country.
Patents are specific to particular jurisdictions. There
is no such thing as an international patent, though there is a "World" patent
In a country in which a patent hasn't been granted or has expired or lapsed, the claimed invention described in the patent application is free to use (in the public domain). Thus, methods and compositions that are claimed in granted patents may not actually be constrained in your country. In any case, the matters described in the patent can be a valuable source of information, regardless of whether the patent applies in your country.
However, there are many traps to be avoided. Laws in all countries that belong to WTO (World Trade Organization) require permission from a current patent-holder, not only to use the patented technology, but also to import products embodying or produced by the patented technology. An example of this is 35 USC 271, laws that have been used to stop importation into the USA of certain products made in countries where processes or parts used are not patented, because if made in the US they would have infringed US patents. Recent cases have involved computer and pharmaceutical products. There are certain narrow exceptions. Similar laws have been used to stop importation into Europe of soybeans grown in Argentina, because although no patents were infringed in Argentina, processes used in producing the seeds were under patent in Europe.
Many countries accept patent applications based on filing within a specified period of time of patent applications "claiming priority to" patent applications made in some other country. CAMBIA offers the Patent Lens as a unique public service, not affiliated with the patent office of any country. However, because the USA is the jurisdiction of most first filings, the Patent Lens maintains a database of all published patent applications filed in the USA as well as PCT applications, with links for each patent document to the EPO-maintained international database (INPADOC) in which more than 60 countries list filings that claim priority to related patent documents. Those interested in using a patented technology should look at whether a patent is in force in the country of prospective use, as well as any countries where products using the technology may be imported.
© Copyright 2006 SASI Group (University of Sheffield)
and Mark Newman (University of Michigan),
The information contained in "Patent Laws Around the World" was believed to be correct at the time it was collated. New laws, policies, and precedents in case law may have resulted in changes since. CAMBIA makes no warranty that it is correct or up to date at this time and accepts no liability for any use that might be made of it.