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Archived updates for Friday, October 22, 2004

Toward a Uniform Paris Convention Disclosure Requirment

According to an article by Hal Wegner, "Odd quirks in local disclosure requirements geometrically complicate the task for innovative companies who may lose protection in some countries; they otherwise will face mounting costs in tailoring their original applications to meet divergent standards. . . . The major patent granting countries of the world can and should unite to set forth common disclosure standards that can be uniformly and fairly administered by all offices. In this regard, it would be useful to have a protocol to further define compliance with Article 4H [of the Paris Convention]:

For purposes of priority a disclosure in an earlier application shall be deemed adequate where the application documents as a whole specifically disclose the invention; any local country requirement for proof of completion of the invention may not require including such proof in the original application
documents. . . .

[However, s]ince the 1967 Stockholm Revision to the Paris Convention, that treaty has become a part of the United Nations, where every member state has one equal vote. Obviously, with the majority of the United Nations members against a strong patent regime, a significant move to strengthen the patent regime is not a workable option."
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