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- Paris Convention for the Protection of Industrial Property
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- The oldest treaty relating to patents, trademarks, and
- unfair competition is the Paris Convention for the
- Protection of Industrial Property. The United States and
- 100 other countries are parties to this treaty. The Paris
- Convention sets minimum standards of protection and
- provides two important benefits: the right of national
- treatment and the right of priority.
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- "National treatment" means that a Convention country
- will not discriminate against foreigners in granting patent
- or trademark protection. Rights may be greater or less than
- those provided under U.S. law, but the rights given will be
- the same as that country provides to its own citizens.
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- An invention may become public, and therefore
- unpatentable in many countries, when a patent is issued or
- an application is laid open to inspection in any country.
- In addition, delay in filing a patent or trademark
- application leaves open the possibility that those rights
- will be lost because of intervening acts such as sale of
- the invention or registration of the trademark by another.
- The "right of priority" provides a solution to this problem
- by giving an inventor an alternative to filing applications
- in many countries simultaneously. It allows the applicant
- one year from the date of the first application filed in a
- Convention country (six months for a design or trademark)
- in which to file in other countries. Publication or sale
- of an invention after first filing will therefore not
- jeopardize patentability in countries which grant a right
- of priority to U.S. applicants. Not all countries adhere to
- the Paris Convention, but these benefits may be available
- under another treaty or a bilateral agreement.
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