The Extraterritorial Dimension of Patent Law Systems

137 Pages Posted: 3 Sep 2011

See all articles by Rish Handa

Rish Handa

Queen Mary Intellectual Property Research Institute, Centre for Commercial Law Studies; McGill University - Institute of Comparative Law

Date Written: August 31, 2007

Abstract

This thesis analyses the extraterritorial dimension of patent systems in light of recent judicial trends, ending with the United States Supreme Court’s landmark 2007 ruling in AT&T v. Microsoft. The discussion examines (i) the economic interest of nations in issuing and maintaining patent rights; (ii) the legal arguments against a unilateral extraterritorial extension of domestic patents, leading to the legal presumption against extraterritorial extension; (iii) the evolution of this doctrine in United States legislation and jurisprudence and forays against it, especially in recent decades; and (iv) the impact of globalization and of the nature of patentable information in the digital age on the issue of the extraterritorial extension of patent rights. The general conclusions are that, in the modern age, patent rights need to be extended beyond the domestic jurisdiction, and that the appropriate manner for nations to achieve this extension is not unilaterally but through bilateral and multilateral treaties.

Keywords: law, patent law, patents, extraterritorial, intellectual property, IP, AT&T, Microsoft, RIM, 2007

JEL Classification: O34

Suggested Citation

Handa, Rish, The Extraterritorial Dimension of Patent Law Systems (August 31, 2007). Available at SSRN: https://ssrn.com/abstract=1921423 or http://dx.doi.org/10.2139/ssrn.1921423

Rish Handa (Contact Author)

Queen Mary Intellectual Property Research Institute, Centre for Commercial Law Studies ( email )

Charterhouse Square
London, EC1M 6AX
United Kingdom

McGill University - Institute of Comparative Law ( email )

3644 Peel Street
Montreal H3A 1W9, Quebec
Canada

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