International Patent Law Harmonization–—A Search for the Right Balance

Abstract

While international patent law harmonization has been an issue in progress since the conclusion of the Paris Convention in 1883, it is facing new challenges due to the increased use of the patent system in the knowledge-based economy and the growing sensitivity to the patent system’s social and economic role for society. This paper addresses the historical development of international norm setting at the World Intellectual Property Organization (WIPO), including the ongoing negotiations on the draft Substantive Patent Law Treaty (SPLT), and highlights today’s international challenges surrounding the international patent system. The paper further examines a number of features that appear to be fundamental for a well-balanced patent system serving society as a whole, while supporting innovation. It concludes with some suggestions that may be considered for any future work in this area in order to find common ground in terms of bringing closer the operational principles of patent law and practices at the international level.