Designing patent policies suited to developing countries needs

Resumo

Despite the internationalization of the patent system that started morethan one century ago and, particularly, the establishment of minimum standardsof protection under the Agreement on Trade-related Aspects of Intellectual PropertyRights (TRIPS), States still enjoy a certain degree of discretion to determinekey substantive aspects relating to the grant of patents. Initiatives for furtherharmonization of the system have not materialized yet. Recent trends in somedeveloped countries point to a drastic relaxation of the standards of patentability,particularly in connection with the inventive step. Developing countries neednot follow the same approach; they may apply strict standards of patentabilitycompatible with their innovation systems and reward incremental innovationsby means of utility models rather than patents. They may also develop rules todeal with the specificities of traditional knowledge.