ADVANTAGES OF INVENTION PROTECTION ON THE BASIS OF THE CONTRACT ON COOPERATION IN THE AREA OF PATENTS Cover Image

ПРЕДНОСТИ ЗАШТИТЕ ПРОНАЛАЗАКА НА ОСНОВУ УГОВОРА О САРАДЊИ У ОБЛАСТИ ПАТЕНАТА
ADVANTAGES OF INVENTION PROTECTION ON THE BASIS OF THE CONTRACT ON COOPERATION IN THE AREA OF PATENTS

Author(s): Zoran Miladinović
Subject(s): Law, Constitution, Jurisprudence, Commercial Law
Published by: Правни факултет Универзитета у Нишу
Keywords: invention; patent application; invention protection; patent

Summary/Abstract: In this work the Author points out the advantages of invention protection in many states by applying the Contract regulations on Cooperation in the area of patents (CPC) compared to other legal basis. First the Author points out that the desire of inventors to protect inventions done in many states, at the simplest possible way, is as old as the first regulations on invention protection. However, such possibility was made able only in the middle of the XX century by accepting suitable regulations of international character. The reason for such prolonging is in the states not being ready to deny a part of sovereignty in favour of overnational institutions that carry out the procedure of invention protection, which entails the loss of a part of benefit acquired from paid taxes for all acts in the procedure according to application for patent acknowledgement. The Author makes constatation that by accepting CPC, that problem was solved in the most elegant way, in the sense that the protection procedure is divided among national managements for patents and overnational institutions, satisfying in that way interests of all subject connected with patent rights, but above all applicants for project protection. A special accent in the work is put on comparative analysis of invention protection on the basis of the Convention on the European Patent (CEP) and makes constatation that invention protection according to these two legal bases significantly differ and that in practice applicants rather chose invention protection by using regulations from CPC.

  • Issue Year: LIII/2009
  • Issue No: 53
  • Page Range: 126-143
  • Page Count: 20
  • Language: Serbian