Volume – 02, Issue – 01, Page : 01-

Civil Lawsuits, Opposition Proceedings and Global Implications of Patent Laws in 21st Century

Author/s

Anton Sokolov

Digital Object Identifier (DOI)

10.56106/lss.2022.006

Date of Publication

29 July 2022

Abstract :
This research paper undertakes a comprehensive exploration of patent law, spanning its historical origins to contemporary challenges and global implications. Beginning with an analysis of the Venetian Patent Statute of 1474, the first statutory patent system, the study traces the evolution of patent law through the English legal system, the establishment of intellectual property rights in the Thirteen Colonies, and the creation of the modern French patent system during the Revolution. The etymology of the term “patent,” rooted in the Latin word “patere,” meaning “to lay open,” underscores the dual nature of patents as instruments that disclose inventions for public inspection while conferring exclusive rights upon inventors. Delving into gender dynamics within patent law, the paper explores historical barriers that precluded women from obtaining patents, evolving into a nuanced examination of persisting gender disparities in patent-intensive sectors. The examination extends to contemporary challenges, exemplified by the increasing number of patent applications worldwide and the fluctuating trends observed in technologically advanced countries. Internationally, the research dissects the impact of the TRIPS Agreement on patent laws, emphasizing its role as a global forum for aligning intellectual property frameworks. The call for a TRIPS waiver during the COVID-19 pandemic is scrutinized, revealing tensions between intellectual property rights and the urgent need for widespread access to essential medical interventions. The discourse extends beyond patents to manufacturing know-how, emphasizing the intricate challenges associated with scaling up vaccine production. The research paper offers a nuanced understanding of patent law’s historical foundations, its contemporary dynamics, and its multifaceted role in influencing innovation, gender dynamics, international relations, and public health. By navigating through the intricacies of patent law, this study contributes to a broader comprehension of the legal, economic, and ethical considerations that shape the global landscape of intellectual property and innovation.

Keywords :
COVID-19 Pandemic, Gender Disparities, Innovation, Intellectual Property, International Patent Systems, Manufacturing Know-How, Patent Enforcement, Patent Law, Public Health and Patents, TRIPS Agreement.

References :

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