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Emerging Issues: New Uses, Whether Threat Or Chance, What Is The Current And Appropriate Legal Treatment?, Qadir Qeidary
Emerging Issues: New Uses, Whether Threat Or Chance, What Is The Current And Appropriate Legal Treatment?, Qadir Qeidary
Oklahoma Journal of Law and Technology
Legal status of the new detected uses for old patents as an independent invention is a problematic issue that gives rise to basic legal challenges regarding patent's promotion standards of protection, in particular the prolongation of the patent monopoly's term. International instruments, uncertainties, and a variety of treatments within different national and regional jurisdictions have increased the complexities of patentability of new uses. These uncertainties, especially in Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS), the most important covenant on commercial aspects of intellectual properties toward new uses, have resulted in dividing various jurisdictions into contradictory of both …