Difference between revisions of "Patent governance"
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:''(See [[:Category:Legislation by country]])'' | :''(See [[:Category:Legislation by country]])'' | ||
− | In many cases, the legislation is open to interpretation. [[ | + | In many cases, the legislation is vague and open to interpretation. This greatly reduces its importance. If you want to know ''the law'', you will usually find it in [[case law]], not in the legislation. |
The [[EU software patents directive]] was an attempt to change legislation. As of June 2010, the [[New Zealand]] parliament are working on changing their legislation and legislative proposals are coming in [[Australia]] and [[Israel]]. | The [[EU software patents directive]] was an attempt to change legislation. As of June 2010, the [[New Zealand]] parliament are working on changing their legislation and legislative proposals are coming in [[Australia]] and [[Israel]]. |
Revision as of 21:11, 3 November 2010
Patent law goverance is generally concentrated in three places:
- The legislation
- The patent office
- The court
Contents
Legislation
In many cases, the legislation is vague and open to interpretation. This greatly reduces its importance. If you want to know the law, you will usually find it in case law, not in the legislation.
The EU software patents directive was an attempt to change legislation. As of June 2010, the New Zealand parliament are working on changing their legislation and legislative proposals are coming in Australia and Israel.
Patent offices
Patent offices (without any well-known exception) make a profit on applications that they approve.
Courts
The decisions of the courts are the most important.
Many court cases, even among non-USA companies, take place in the USA. (See forum shopping)
Other important institutions
Other institutions can have a role, such as the United States International Trade Commission, to which some patent holders apply hoping to block imports and exports from the USA of competitors' products.