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Patent governance

Revision as of 07:56, 27 February 2012 by Ciaran (talk | contribs) ({{main|Court rulings creating precedent}})

Patent law goverance is generally concentrated in three places:

  • The legislation
  • The patent office
  • The courts

Legislation

(See Category:Legislation by country)

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

Main article: Patent office decisions

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

Courts

Main article: Court rulings creating precedent

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)

ESP Wiki has articles about the court procedures and hierarchy of some countries:

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.

Related pages on ESP Wiki