Limits to the Rights Conferred by a Patent

  1. Introduction.

When analyzing the validity element of the three tier analysis that inspired the TRIPS PLUS ULTRA proposal (the other two elements are its justice and its effectiveness), we´ve said that the TRIPS Agreement sets a global standard for patents, and that this global standard admits exceptions and limitations (the relevance of the limitations must be measure in comparison with the global heart of the patent; what was set to be its heart is by far more relevant than what was left out, globally).

One of the posible limitations that countries may establish within their borders regards the rights conferred by a patent.

       2. The type of limit: a limit to the rights conferred by a patent.

For the purposes of this [webpage] and taking in account the fact that originates the limit, these limits or limitations will be classified into three:

For different kinds of limitations that countries may establish, click HERE.

(Go back to the validity analysis for more on what the global regulation regarding patents looks like.)