The GATT-TRIPS agreement—What it is and how it has changed the playing field for all applicants for United States patents

• Published in: Developments in Food Science Vol. 40; pp. 15 - 26
• Main Authors: Peter Ludwig, S., Gogoris, Adda C.
• Format: Book Chapter
• Language: English
• Published: 1998
• ISBN: 9780444825902; 0444825908
• ISSN: 0167-4501
• DOI: 10.1016/S0167-4501(98)80028-9

Entry into force of the GATT-TRIPs agreement on intellectual property has changed the rules for obtaining patents in the United States. These changes include a revision in the manner in which the term of U.S. patents is calculated as well as the introduction of a simplified and low-cost provisional patent application. The provisional application can be used to secure an early invention date, without triggering the beginning of the patent term (which now commences on filing of a nonprovisional U.S. patent application). The amended U.S. law also makes it possible for inventors based outside the U.S. to prove the date of invention by relying on acts of invention outside the territory of the United States. Since U.S. patents are awarded to the first party to invent the subject matter, this change is of great imporance to both U.S. and non-U.S. inventors and businesses. Non-U.S. based inventors in particular must now maintain adequate invention records in the same way that U.S. inventors have been required to for more than 200 years.