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Amy Landers
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There is a high level of substantive disagreement about standards at the deep level. Although the mechanism of PCT might work, I'm not convinced that nations will cede their ability to rely on benchmarking patentability standards independently, or even could converge on the particular tests to be applied. Unquestionably, a single examination would go far toward eliminating the backlog, increase certainty.... but I'm not convinced that nations have sufficiently harmonious standards (or will have them soon) to allow for single examination/ single adjudication.
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I just finished writing a brief chapter about this. My personal view is that a world patent/world patent court is not likely to occur under the current institutional regimes. It appears that the EU's enhanced cooperation toward a Community Patent may provide a more viable model, if world harmonization is indeed our goal.
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