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91 Tul. L. Rev. 99 (2016-2017)

handle is hein.journals/tulr91 and id is 109 raw text is: A Uniform Grace Period: Promoting International Research and Development Collaboration Karen E. Sandrik* Combating complex diseases, climate change, and the loss of biodiversity requires shawd innovation on an unprecedented global scale. Patent law plays a significant role in inovation, but to faciitate the coalescence of diverse groups of researchers, scientists, and innovators, pokicymakers need to increase the worldwide compatibiity of patentability requirements In paricular pohcymakers need to harnonize the so-called grace period the specified period oftime precedig the filig ofa patent where an inventors on disclosures do not become part ofthe prior art This Article contends that the grace period variances between the five largest patent offices in the world-those of China, the United States, the Republic ofKora, Japan, and the European Union-decrease the likelihood of international coordination of research and international collaborative partnerships, as well as increase admimstrative costs and uncertainty The solution, this Article argues, is for these five patent offices to adopt a seminiuform grace period that covers prepatent disclosures made in reasonable, research-rlated endeavors. The new, more synchronized grace period would provide a lugher level of domestic and international certainty than currently exiss. At the same tune, the new grace period would preserve fexibility that is needed because ofinevitable cultwal differences and varyig local needs ofinnovatos. 1. INTRODUCTION. ............................... ...... 100 II. CUTTING THROUGH THE TECHNICAL: ALA PRIORITY AND NOVELTY ................................................103 A. The Fkst-Proven-Inventor-to-File-or-Disclose Priority R ule.................................................................105 B. 35 US.C. § 102(a): Absolute Novelty.........................108 C 35 US. C 102(b): The One- Year Grace Period ........ 110 III. INTERNATIONAL STUDIES AND ONGOING RESEARCH ................112 A. IP5 and IPS Industry .......................113 B. Tegernsee Experts Group.............................................117 C Empiiical Scholarshio..................................................122 IV. ADDITIONAL DISADVANTAGES: SAFETY NET OR SWORD? ........123 A. Decades and Beyond of Uncertainty .. .............124 * C 2016 Karen E. Sandrik. Assistant Professor, Willamette University College of Law. The author is grateful for questions and comments from Laura I. Appleman, Curtis Bridgeman, Vince Chiappetta, Caroline Davidson, David Friedman, John Golden, Mark Lemley, and from the participants at a Willamette College of Law Workshop Series and the 2016 Works-in-Progress Conference at the University of Washington School of Law. 99

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