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Patent governance

Revision as of 09:31, 6 June 2010 by Ciaran (talk | contribs) (Other institutions: Other important institutions)

Patent law goverance is generally concentrated in three places:

  • The legislation
  • The patent office
  • The court

Legislation

(See Category:Legislation by country)

In many cases, the legislation is open to interpretation. Patent lawyers have made a science of finding ways to get more patents via innovative interpretations of 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

(See Category:Patent office practice by region)

Patent offices (without any well-known exception) make a profit on applications that they approve.

Courts

(See German patent courts and appeals and USA patent courts and appeals)

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.

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