The purpose and goal of patent law is to help society by encouraging innovation. While the Patent Cooperation Treaty (“PCT”) has made international patent procurement easier and more accessible, the current system is still plagued with redundancies and inefficiencies. These flaws are barriers to patent offices and individual patentees, hindering innovation and the growth of developing nations. Ultimately, these problems are hindrance to society, contradicting the goal of patent law. This comment compares the PCT to two similar but less prominent African regional patent systems: African Regional Industrial Property Organization (“ARIPO”) and African Industrial Property Convention (“OAPI”). ARIPO and OAPI are appropriate models to compare the PCT to, because they were developed in cooperation between their developing member nations to achieve intellectual property and social development. From the comparisons, the comment proposes changes to the current PCT model that will solve, in part, its deficiencies and adhere to the purpose of global patent law.
Zion H. Park, What the PCT Can Learn From Two African Systems, 6 J. Marshall Rev. Intell. Prop. L. 693 (2007)