The Patent Cooperation Treaty: At the Center of the International Patent System

20 Pages Posted: 2 Jun 2010

See all articles by Jay Erstling

Jay Erstling

Mitchell Hamline School of Law; World Intellectual Property Organization (WIPO)

Isabelle Boutillon

World Intellectual Property Organization (WIPO)

Date Written: June 1, 2006

Abstract

In view of the fact that the PCT is composed of almost 130 countries and that more than 100 national and regional patent offices, as well as WIPO itself, perform PCT functions, it is remarkable that the system operates so smoothly and continues to gain momentum. Perhaps the system’s greatest strength comes from the immense diversity of legal, linguistic, and national cultures that constitute the PCT. While the system has served to harmonize divergent practices, it has also been obliged to accommodate to the sometimes inflexible peculiarities of national law and procedure. The PCT’s ability to strike a balance between the two has proven to be one of the system’s greatest accomplishments. As the PCT looks to the future, it is also one of its most daunting challenges.

Keywords: property, intellectual property, patents, international law, PCT

Suggested Citation

Erstling, Jay and Boutillon, Isabelle, The Patent Cooperation Treaty: At the Center of the International Patent System (June 1, 2006). William Mitchell Law Review, Vol. 32, No. 4, 2006, William Mitchell Legal Studies Research Paper, Available at SSRN: https://ssrn.com/abstract=1619523

Jay Erstling (Contact Author)

Mitchell Hamline School of Law ( email )

875 Summit Ave
St. Paul, MN 55105-3076
United States

World Intellectual Property Organization (WIPO) ( email )

34, chemin des Colombettes
Geneva 20, CH-1211
Switzerland

Isabelle Boutillon

World Intellectual Property Organization (WIPO)

34, chemin des Colombettes
Geneva 20, CH-1211
Switzerland

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