Disclosure
- 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, and that this global standard admits exceptions and limitations. We´ve also said that 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).
When analyzing how those global standards get implemented, we also said that “as for patents, the minimums parameters of the agreement are either impossible (conceptually there is no such possibility) or hard (because of practical elements) to exceed”.
Up next you will find quotes from “A global solution for the protection of inventions” (pp. 64-65, 95) that explains one of those global standards: disclosure.
2. The standard: disclosure.
“The TRIPS Agreement […] also establishes as a primary duty of the patent applicant the disclosure of the invention. This was not new. It was present in the legislations worldwide, and it is a fundamental principle. The word patent comes from the Latin patentis, which means open door (Nicoliello, 2004). The information regarding a patented invention is visible. It is disclosed.”
“An important principle of the patent system is to achieve from the patent holder the disclosure of the invention. With each patent prior art is increased (human knowledge). When applying this principle, the new invention has a positive effect on society as a whole (thus fulfilling its goal). The new knowledge will enable further technological development and greater global welfare. The principle of disclosure agrees with the goal behind the principle of technology transfer. The underlying objective in both cases is the positive impact on the knowledge of humanity altogether, which certainly should be encouraged.” For an analysis of a way TRIPS PLUS ULTRA could properly address technology transfer, click HERE.