Patentregime

Patent regime refers to the system of laws, institutions, and practices that govern the grant, scope, and enforcement of patents within a jurisdiction or across regions. It defines what inventions are eligible for protection, how a patent is sought, and how patent rights are verified, maintained, and limited.

Core elements include patentability criteria (novelty, inventive step or non-obviousness, and industrial applicability), and the process of filing, examination, publication, possible opposition, and grant. Most regimes set a term of protection of about 20 years from filing, subject to maintenance fees.

Patents confer exclusive rights to prevent others from making, using, selling, or importing the claimed invention in the granting territory. Rights are territorial and require enforcement actions. They can be licensed or assigned. Limitations include exemptions for experimental use, research, and compulsory licensing under public-interest or anti-competitive conditions, depending on jurisdiction.

International frameworks shape national regimes. The TRIPS Agreement sets minimum standards, while the Paris Convention provides priority rights. The PCT enables a unified international filing process, and regional offices implement common regimes across multiple countries.

The regime aims to spur innovation by providing time-limited market protection in exchange for disclosure of technology, while balancing public access and competition. Debates focus on affordability, especially for medicines, patent thickets, and evergreening; policy responses include flexibilities under TRIPS, patent pools, and alternative incentive models.