Patents are governed by the following:

• Chapter II, the Industrial Property Law (Articles 2 to 14)
• Membership of the World Intellectual Property Organization (WIPO), approved by Resolution No. 9/84 of July 20
• Paris Convention for the Protection of Industrial Property – approved by Resolution No. 22/05 of August 19
• Cooperation Treaty patent (PCT) approved by Resolution No. 22/05 of August 19 and
• Membership of the World Trade Organization (WTO), hence the TRIPS Agreement (Accession November 23, 1996).

Patents are governed by the Patent Law – Law 24,481, as amended. In addition, they are governed by the Trips Agreement and by the Paris Convention. Argentina is not a party to the Patent Cooperation Treaty.

Patents are governed by the Patents Act 1990 (Cth).

Australia is a party to the Paris Convention, the Patent Cooperation Treaty, the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure 1977, the TRIPS Agreement, the Patent Law Treaty, the Strasbourg Agreement Concerning the International Patent Classification, and the Comprehensive and Progressive Agreement for Trans-Pacific Partnership.

Patents in Austria are governed by the Austrian Patent Law 1970. Austria became party to the Patent Cooperation Treaty in 1979 and to the Paris Convention in 1908.

Patents in Belgium are governed by Title 1 (“Patents”) of Book XI (“Intellectual Property and Trade Secrets”) CEL.

In accordance with the new European patent system, several updates are expected on EU level, including:

1. Regulation (EU) No 1257/2012 of the European Parliament and of the Council of December 17, 2012 implementing enhanced cooperation in the area of the creation of unitary patent protection,
2. Council Regulation (EU) No 1260/2012 of December 17, 2012 implementing enhanced cooperation in the area of the creation of unitary patent protection with regard to the applicable translation arrangements,
3. Agreement on the Unified Patent Court 16351/12 of January 11, 2013 (UPC Agreement).

Regulations (EU) 1257/12 and (EU) 1260/2012 already entered into force on January 20, 2013, but were only set to apply once the UPC Agreement entered into force. The Protocol on Provisional Application of the UPC Agreement entered into force following Austria’s official ratification on January 19, 2022. The UPC Agreement eventually entered into force on June 1, 2023, following which the unitary patent system was also officially launched.

The unitary patent system makes it possible to get patent protection in up to 25 EU Member States by submitting a single application with the European Patent Office, thus simplifying the procedure and making it more affordable for applicants.

The Unified Patent Court (UPC) is an international court established by the participating EU Member States to deal with infringement and validity cases of unitary patents as well as European patents, thus eliminating costly parallel proceedings and increasing legal certainty. The unified patent jurisdiction consists of a first instance court in Paris (with a section in Munich and soon also in Milan) and a court of appeal in Luxembourg, as well as local divisions in several countries, including in Brussels.

The transitional measures of the unitary patent system already started on January 1, 2023. Patent applicants were able to file early requests for unitary effect as well as requests to postpone the decision to grant a European patent. These measures remained applicable until the full entry into force of the unitary patent system on June 1, 2023.

Institute for Patent Attorneys – The new Belgian law of July 8, 2018 regulates the profession of ‘Patent Attorneys’ in Belgium. An Institute for Patent Attorneys will be established and everyone who is registered in the register of authorized representatives becomes a member of the institute and will, amongst other things, have the right to speak in patent litigation before the Belgian courts. The law of July 8, 2018 is accompanied by 2 Royal Decrees of September 30, 2020: (i) Royal Decree on the representation of patents, which entered into force on November 14, 2020 and (ii) Royal Decree on the disciplinary regulations applicable to patent attorneys, which partly entered into force on December 1, 2020. The provisions regarding the right to speak in patent litigation and confidentiality for Patent Attorneys will enter into force on April 1, 2024.

Patents are governed by the Federal Constitution (Article 5, XXIX) and Federal Law no. 9,279/96 (the Industrial Property Law). Brazil became party to Patent Cooperation Treaty in 1978 and Paris Convention in 1884.

The Patent Act governs the protection of patents.

Canada became a party to the Patent Cooperation Treaty in 1990 and to the Paris Convention in 1923.

(a) At the national level: Law 19.039 on Industrial Property and Supreme Decree 2 of 2022 which approves the Regulation of Law 19.039.

(b) At the international level: Budapest Treaty, WIPO Patent Cooperation Treaty, TRIPS Agreement.

The authority responsible for registration is the National Institute of Industrial Property (INAPI).

China enacted its patent system in 1985, and became party to the Patent Cooperation Treaty in 1994 and the Paris Convention in 1985. The relevant legal basis shall include the Patent Law, Implementation Regulations and various Judicial Interpretations issued by the Supreme People's Court.

Patents are governed by Decision 486 of 2000 issued by CAN and the Sole Circular issued by the Superintendency of Industry and Trade. This entity has also issued guidelines related to the process of applying for a patent. Moreover, Colombia is party to the Patent Cooperation Treaty in 1998 and to the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of the Patent Procedure in 2016. Finally, it has endorsed TRIPS.

Patents are governed by the Patents Act.

Patents are governed by the Danish Patent Act (LBK 90 29/01/2019) and the amendment acts thereto.

Denmark became party to the European Patent Convention in 1990 and the Patent Cooperation Treaty in 1978. Denmark signed the Paris Convention in 1894 and ratified the Patent Law Treaty in 2005.

Denmark has additionally signed the Trade Related Aspects of Intellectual Property Rights (TRIPS), the Strasbourg Agreement and the Budapest Treaty.

Regulation (EU) No 1257/2012 of the European Parliament and of the Council of December 17, 2012 implementing enhanced cooperation in the area of unitary patent protection makes a type of European patent called the unitary patent possible. The Unified Patent Court came into existence on June 1, 2023. In Denmark, the court has a local chamber in the premises of the Maritime and Commercial Court in Copenhagen.

Patents are regulated on both a national and an international level. The Finnish Patents Act and the Finnish Patents Decree govern the national patent system, while the European Patent Convention (EPC) pertains to the protection of European patents. Finland is a signatory of the Patent Cooperation Treaty (PCT) and has ratified the Patent Law Treaty (PLT).

In January 2016, Finland signed the Agreement on a Unified Patent Court (UPC) which is part of the legislative package aiming to establish the European Patent with Unitary Effect. The process of establishing the European Patent with Unitary Effect is still pending. The start of the new system is currently expected by early 2023.

For inventions that do not meet the full criteria of a patenting, "petty patents" may be registered as utility models. The registration of utility models is governed by the Act on Utility Model Rights.

The Finnish Penal Code governs also patent infringement crimes.

Patents are governed by Part VI of the French Intellectual Property Code (Articles L. 611-1 et seq. and R. 611-1 et seq.), the European Patent Convention (also referred to as the Munich Convention) and EU regulations Nos. 1257/2012 and 1260/2012 of December 17, 2012 regarding the unitary patent (not yet effective; they will only apply from the date of entry into force of the UPC Agreement).

The "first to file" system is defeated in case of fraud and mitigated in case of prior personal possession.

The law No. 2019-486 of May 22, 2019, known as the PACTE law, is an important reform of French patent law. It strengthens the examination procedure, modifies the limitation periods, extends the duration of utility certificates and allows their transformation into patent applications. It also introduces the possibility for 3rd parties to oppose French patents whose grants have been published as of April 1, 2020, before the National Institute of Industrial Property (INPI).

Regulations (EU) No. 1257/2012 and No. 1260/2012 of 17 December 2012, which implement enhanced cooperation in the creation of unitary patent protection, set up the European Unitary Patent System. These regulations entered into force on January 20, 2013 [vl1] [LC2] and are applicable from June 1, 2023 which is the date of entry into force of the Agreement on a Unified Patent Jurisdiction establishing the Unified Patent Court (UPC).

To date, 17 Member States have ratified the UPC Agreement (including the 3 Member States with the highest number of European patents in force in 2012: Germany, France and Italy). It is expected that further Member States will ratify the UPC Agreement in the coming year.

The unitary patent system makes it possible to receive patent protection in up to 24 EU Member States by submitting a single application with the European Patent Office, thus simplifying the procedure and making it more affordable for applicants.

The Unified Patent Court (UPC) is an international court established by the participating EU Member States to deal with infringement and validity cases of unitary patents as well as European patents, thus eliminating costly parallel proceedings and increasing legal certainty. The unified patent jurisdiction consists of a first-level court in Paris (with a section in Munich) and a court of appeal in Luxembourg, as well as local divisions in several countries. For instance, Paris, hosts a local division.

Then, from June 1, 2023, and for a transitional period of at least 7 years, national courts will continue to have concurrent jurisdiction for "classic" European patents and supplementary protection certificates.

The UPC have exclusive jurisdiction to rule on the validity and infringement of patents with unitary effect.

The German Patent Act ( Patentgesetz), the European Patent Convention (EPC), the Regulations on the International Patent Convention (Gesetz zum Internationalen Patentübereinkommen) and German Act for Utility Models (Gebrauchsmustergesetz) govern patents.

Germany became party to the Patent Cooperation Treaty in 1978 and the Paris Convention in 1903.

Patents are governed by the Patents Ordinance (Cap. 514). Hong Kong became a party to the Patent Cooperation Treaty in 1981 and the Paris Convention in 1997. An invention is patentable if it (i) is new; (ii) involves an inventive step; (iii) is susceptible of industrial application; and (iv) does not belong to the excluded classes, such as discovery, scientific theory or mathematical method, aesthetic creation, among others.

There are 2 types of patents: standard and short-term patents.

Standard patents

For protection with a maximum term of 20 years, an applicant may file a standard patent application via either (1) the “re-registration system” (standard patent (R)); or (2) the “original grant” patent (OGP) system (standard patent (O)).

An applicant can rely on the re-registration system to file for a patent in Hong Kong, provided the subject patent application has first been filed in 1 of the 3 designated patent offices: (1) the United Kingdom Patent Office, (2) the China National Intellectual Property Administration or (3) the European Patent Office (for applications designating the United Kingdom), or the “designated patent offices.” Under this “re-registration” system, the Hong Kong Intellectual Property Department does not conduct substantive examination of the standard patent applications.

Following the passing of the Patents (Amendment) Ordinance 2016 and the Patents (General) (Amendment) Rules 2019, the OGP system was introduced, which provides an alternative route to the above “re-registration system” for seeking standard patent protection in Hong Kong.

Applicants can now file a standard patent application directly in Hong Kong. The OGP application will be subject to both formality and substantive examination conducted by the Registrar of Patents in determining whether the invention is patentable. The first standard patent under the OGP system was granted in June 2021.

Short-term patents

Short term patents can be directly applied in Hong Kong and offer protection of up to 8 years. The grant of a short-term patent is based upon a search report issued by an international searching authority or 1 of the 3 designated patent offices. No substantive examination is required before granting of a short-term patent.

However, after the grant, 3rd parties or the owner can apply for a post-grant substantive examination to determine the validity of the short-term patent. Procedurally, to rely on the short-term patent to bring a claim, the owner must first file a request for substantive examination of the short-term patent.

Act 33 of 1995 on the Patent Protection of Inventions. The relevant EU directives have been duly implemented.

India is a party to the Patent Cooperation Treaty (PCT) and Paris Convention. The federal legislation in India that grants statutory right to patents is the Patents Act. India is also party to the Budapest Treaty on the International Recognition of the Deposit of Micro-organisms for the Purpose of Patent Procedure (2001). The same is in force in India.

Law Number 13 of 2016 on Patents as lastly amended by Law Number 6 of 2023 on Enactment of Government Regulation in Lieu of Law Number 2 of 2022 on Job Creation into Law (Patent Law) is the governing statute for patents. Indonesia became party to the Patent Cooperation Treaty in 1997 and became party to the Paris Convention in 1950.

The Patent Act 1992 (as amended) governs patents in Ireland. Ireland ratified the Patent Cooperation Treaty in 1992 and the Paris Convention entered into force in Ireland on December 4, 1925. A Referendum is due to be held in June 2024, where Irish citizens will vote on whether Ireland should join the Unified Patent Court (UPC). If Ireland joins the UPC, it will be possible to get patent protection in all participating EU Member States through a single application with the European Patent Office. The UPC, which was established via the Agreement on the Unified Patent Court 16351/12 of January 11, 2013, began operating in June 2023 and has exclusive jurisdiction to hear disputes relating to infringement and validity of both ‘Unitary’ patents and European patents. The Court will not have jurisdiction on national patents, as such, it is not intended to replace existing national patent litigation.

The Patents Law 1967 (Patent Law) governs patents in Israel.

The Industrial Property Code is the statute governing patents in Italy (Section 45 et seq.).

Italy is also party to the main international patent treaties and conventions, including the European Patent Convention. In addition, Italy joined the Unitary Patent and Unified Patent Court system (UPC), a supranational court with exclusive jurisdiction to decide on the infringement and validity of Unitary Patents, as well as European Patents validated in the participating states

The UPC system entered into force in June 2023: the 3rd seat of the Unified Patent Court’s central division will be located in Milan, starting its activity in June 2024.

Given that both the Italian and the European patent systems may be applicable, art. 59 of the Industrial Property Code establishes that when an Italian patent and a European patent valid in Italy, or a European patent with unitary effect have been granted for the same invention, with the same filing date or priority date, the Italian patent retains its effects and coexists with the European patent.

Inventions are protected by the Patent Act. (Act No. 121 of 1959).

Japan joined the Patent Cooperation Treaty in 1978 and Paris Convention in 1899.

Utility models are protected by the Utility Model Act (Act No. 123 of 1959).

Designs are protected by the Design Act (Act No. 125 of 1959).

The Law of 20 July 1992 amending the System for Patents for Invention, as amended, governs patents in Luxembourg.

3rd Title of the Federal Law for the Protection of Industrial Property (Ley Federal de Protección a la Propiedad Industrial).

The Patent Act 1995 governs Netherlands patents and the European Patent Convention of 1973 govern EU patents (with validity in the Netherlands).

Regulations (EU) No. 1257/2012 and No. 1260/2012 of 17 December 2012 implement enhanced cooperation in the area of the creation of unitary patent protection set up the European Unitary Patent System. These regulations entered into force on January 20, 2013 and have been  applicable from June 1, 2023,  the date of entry into force of the Agreement on a Unified Patent Jurisdiction establishing the Unified Patent Court (UPC).

The unitary patent system makes it possible to secure patent protection in 17 EU Member States by submitting a single application with the European Patent Office (EPO), thus simplifying the procedure and making it more affordable for applicants. The new Unitary Patent is based on the European patent granted by the EPO under the rules of the European Patent Convention (EPC).

The UPC is an international court established by the participating EU Member States to deal with infringement and validity cases of unitary patents as well as European patents, thus eliminating costly parallel proceedings and increasing legal certainty. The unified patent jurisdiction will consist of a central division in Paris (with a section in Munich) and a court of appeal in Luxembourg, as well as local divisions in several countries. In the Netherlands, the local division of first instance is located in The Hague.

The transitional measures of the Unitary Patent System began on January 1, 2023, and the UPC entered into force on June 1, 2023. Patent applicants are now able to file early requests for unitary effect as well as requests to postpone the decision to grant a European patent. These measures will remain applicable until the full entry into force of the unitary patent protection package.

Patents are governed by the Patents Act 2013. New Zealand is a party to the Patent Cooperation Treaty, the Paris Convention, the TRIPS Agreement and the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure.

• Patents and Designs Act 1971.
• Patent Rules of 1971
• Contractual principles
• Case law
• Nigeria has ratified the Patent Law Treaty which seeks to harmonize formal procedures in patent applications between Nigeria and other member countries and the Patent Cooperation Treaty which allows for simultaneous protection of inventions across all treaty By ratifying these treaties, Nigeria has expressed its intention to be bound by same. Nigeria has not enacted the treaties into law. Despite this, international applications filed under the Patent Cooperation Treaty are acceptable in Nigeria. However, such applications cannot be filed in Nigeria at the 1st instance.
• The Patent (Additional Rights, etc.) Bill: The Bill has passed the 2nd reading before the House of Representatives, the legislative arm of government.
• The Patent and Designs (Repeals and Re-enactment) Bill: The Bill seeks, among other things, to overhaul the current Patent and Designs Act, broaden the scope of patent protection to include utility models and give effect to international conventions on patents. While the Bill remains pending, the Minister of Industry, Trade and Investment has approved the grant of Utility Model Patents and Business Method in Nigeria. Thus, the validity of Utility Model Patents and Business Methods remains in doubt.
• Business Facilitation (Miscellaneous Provision) Act 2023 (BFA)

Patents are governed by the Norwegian Patent Act (patentloven).

Norway became party to the European Patent Convention on January 1, 2008 and ratified the Patent Cooperation Treaty on October 1, 1979.

Norway is also a signatory of the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement, the London Agreement, Strasbourg Agreement Concerning the International Patent Classification and Paris Convention Treaty.

The Industrial Property Law (Legislative Decree No. 1075).

Patents are governed by the IPC, in Part II, as amended by Republic Act No. 9502, or the Universally Accessible Cheaper and Quality Medicines Act of 2008.

The Industrial Property Law is the law applicable to both patents and utility models.

Patents are governed by:

• Title II, Chapter I, Subchapter I of the Industrial Property Code (Articles 50 to 118)
• European Patent Convention, of 5 October 1973, as revised by the Act revising its Article 63 of 17 December 1991 and the Act revising the European Patent Convention of 29 November 2000

Portugal became party to the Patent Cooperation Treaty in 1992.

Portugal became party to the Paris Convention in 1884.

Patents are governed by Law no. 64 of October 11, 1991 regarding patents and Law no. 83 of June 26, 2014 regarding labor inventions (Labor Inventions Law). Romania became party to the Patent Cooperation Treaty in 1970 and the Paris Convention in 1920.

Part IV of the Russian Civil Code governs patents.

Russia is a party to the Patent Cooperation Treaty and Paris Convention.

The Law of Patents, Layout-Designs of Integrated Circuits, Plant Varieties, and Industrial Designs (promulgated by Royal Decree No. M/27 of 29/5/1425H (corresponding to 17 July 2004)), and its Implementing Regulations (Patents Law).

The protection of patents in Singapore is regulated by the Patents Act 1994. Under the Patents Act 1994, an application may be made to the Registry of Patents for the grant of a patent. Singapore acceded to the Patent Cooperation Treaty on February 23, 1995 and the Paris Convention on November 23, 1994, which came into force in Singapore on February 23, 1995.

Legal protection of patents is regulated by the Slovak Act No. 435/2001 Coll. on patents, as amended (Patent Act). Slovak Republic is signatory to several international agreements regarding patents:

• Patent Cooperation Treaty
• Paris Convention
• Strasbourg Agreement Concerning the International Patent Classification
• Patent Law Treaty
• European Patent Convention
• Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure

The legislation governing registered patents is the PA.

In Spain, the Spanish Patents and Trade Marks Office (Oficina Española de Patentes y Marcas) has the authority to grant patents and trademarks.

The new Spanish Patents Act 24/2015 (New Patents Act) entered into force on April 1, 2017. One of the most significant changes brought by the New Patents Act is related to the procedure for the granting of patents. The previous "à la carte" examination procedure - whereby applicants are free to choose whether or not their application should be submitted to substantive examination - was substituted by the granting procedure involving a prior examination of the merits of the patent. Another important change is in the field of patent litigation. In accordance with the New Patents Act, the patent holder will be able to limit the scope of their patents by amending the claims at any time during the life of the patent. Finally, among other changes of the New Patents Act are provisions relating to Supplementary Protection Certificates (SPCs), which introduces protective letters and patent specialist judges.

In addition to the national patent application system, regional registration systems are also available. Such systems allow the applicant to obtain protection for the invention in one or more countries; however each country determines whether or not to protect the patent in its territory pursuant to the applicable legislation. Since Spain's ratification of the European Patent Convention (EPC) in 1973, Spain may be designated in a European patent application. The EPC system allows the registration of a bundle of national patents enforceable in the countries designated by the applicant.

Additionally, there have been significant developments with regard to the creation of a unitary patent protection within the European Union. Such a unitary patent protection is expected to be available in 2020, although Spain has initially decided not to join these efforts due to linguistic issues.

Patents are regulated under the following legislative acts:

1. Patents Act (1967:837) (Patentlag) pertains to the protection of Swedish patents
2. The European Patent Convention (EPC) pertains to the protection of European patents
3. Act on Right to the Inventions of Employees (SFS 1949:345)
4. Defence Inventions Act (1971:1078)

Sweden became a party to the Patent Cooperation Treaty (PCT) in 1978. Sweden ratified the Patent Law Treaty (PLT) in 2007.

Sweden signed the Strasbourg Agreement Concerning the International Patent Classification in 1973. Sweden has also signed the Paris Convention, the TRIPS Agreement and the London Agreement.

Sweden ratified the Unified Patent Court Agreement on June 5, 2014. The Nordic-Baltic Regional Division of the Unitary Patent Court is located in Stockholm.

The Federal Patents Act and the Federal Ordinance on Patents govern patent rights. Switzerland is also a member of the European Patent Convention.

The Patent Act was promulgated on May 29, 1944, which classifies patent into 3 types: invention patent, utility model patent and design patent (including derivative design patent).

The grant of a patent right is based on the registration of a patent with the Intellectual Property Office, Ministry of Economic Affairs.

The legal framework with regard to patents for inventions and utility models in Ukraine includes the Civil Code of Ukraine dated January 16, 2003 and the Law of Ukraine "On Protection of the Rights to Inventions and Utility Models" dated December 23, 1993. In addition, Ukraine is a member to the Paris Convention for the Protection of Industrial Property, Patent Law Treaty and Patent Cooperation Treaty as well as the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure.

Federal Law No. 17 of 2002 on Patents (as amended) (Patent Law) governs patents. Patents may also be protected in the UAE through a Gulf Co-operation Council (GCC) Patent (administered by the GCC Patent Office in Saudi Arabia, and governed by the GCC Patent Law).

The UAE is a member of the Patent Cooperation Treaty 1970 (PCT) and WIPO Paris Convention for the Protection of Industrial Property 1883 (Paris Convention).

The United Kingdom became party to the Patent Cooperation Treaty in 1978 and the Paris Convention in 1884. The Patents Act 1977 governs patent law in the UK and brings into effect much of the European Patent Convention in national law, such that patent law has been largely harmonized across Europe.

Patents are governed by Title 35 of the US Code. The US became party to the Patent Cooperation Treaty in 1970 and the Paris Convention in 1887.