![handle is hein.journals/indiajoula2 and id is 1 raw text is: 2006]
THE INDIAN JOURNAL OF LAW AND TECHNOLOGY
Volume 2, 2006
PATENTABILITY UNDER TRIPS:
THE NEED FOR UNIFORMITY
Donald S. Chisum*
ABSTRACT
International intellectual property law has never been uncontroversial, and patent
law in particular has been the subject of heated debate. The advent of TRIPS seems
to have fuelled rather than ended these discussions, as arguments continue to rage
on in developing countries about the subject-matter and patent term provisions of
TRIPS and the ways in which developed countries have purportedly used TRIPS to
impose their own laws on the world. However, such an approach misses the point
of TRIPS altogether: the need for international harmonisation. By examining two
recent examples from US case law, it becomes apparent that the developed nations
need harmonisation as much as the developing nations do, and thus the focus should
be on facilitating full harmonisation rather than impeding it through challenging
specific provisions.
TABLE OF CONTENTS
I. THE GENESIS OF THE TRIPS AGREEMENT ............................. 2
II. IS THERE A DEBATE ON PATENTABILITY? ............................. 2
III. PATENTABILITY AND THE INTERPRETATION OF CLAIMS:
A STORY OF INCONSISTENT STANDARDS .............................. 3
A. Teva Pharmaceuticals USA, Inc. v. Pfizer, Inc .......................... 5
B. Merck & Co. Inc. v. Teva Pharmaceuticals USA, Inc .................. 6
IV. CONCLUSION .............................................................................. 7
Former Inez Mabie Professor of Law, Santa Clara University; A.B. '66, Stanford University;
J.D. '68, Stanford Law School.](ViewImageLocal?handle=hein.journals/indiajoula2&div=1&collection=&method=preview&ext=.png&size=3)
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