International and Comparative Patent Law
Paris Convention
Key principles: national treatment, the right of priority (12 months for patents), and independence of patents. Candidates must know that priority preserves the filing date for subject matter disclosed in the basic application, and that a later application cannot claim priority for matter added beyond it.
PCT
An international application has an international filing date, is searched and published, and enters the national phase in designated states. Traps: confusing the international phase with grant; forgetting the 30-month national-phase deadline (extendable in some states); and assuming the international search report binds national examiners.
TRIPS
TRIPS sets minimum standards: patentability for inventions in all fields, a 20-year term from filing, and exceptions such as experimental use. Candidates should know that TRIPS does not create a supranational patent; enforcement remains national.
Comparative points
Compare novelty rules (absolute versus local prior use), grace periods, and examination styles across jurisdictions. Traps: assuming a foreign grant guarantees local validity; and assuming a foreign search report is dispositive.
Worked example
An applicant files in Australia on 1 March and wishes to file in the US and Europe. A Paris priority claim must be made within 12 months; a PCT application within the same period preserves the date and defers national entry. Rule of thumb: diary the 12-month Paris deadline and the 30-month PCT national-phase deadline separately.