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Conditions On Patent Applicants

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Chapter Summary

Art. 29 addresses the application procedure for a patent. This provision must be seen in conjunction with Art. 62, which concerns the acquisition and maintenance of rights to intellectual property. The section on the duties of the patent owner was one of the most controversial parts of the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement. According to the Anell Draft the patent owner should have the following obligations such as to give information concerning corresponding foreign applications and grants and to work the patented invention in the territory of the Party granting it within the time limits fixed by national legislation. It is evident that the TRIPS Agreement inserts the requirement to disclose the invention in the patent application process, already known in some legal systems, as a mandatory condition.

Keywords: intellectual property; mandatory condition; patent application process; TRIPS Agreement

10.1163/ej.9789004145672.i-910.186
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