Further, and happily, participation in the U.S. patent system, as patentees and as licensees, is available to citizens and non-citizens alike. Carl Schenck, A.G. v. Nortron Corp., 713 F.2d 782, 784 (Fed. Cir. 1983)

5 thoughts on “

  1. 2

    Article 2 of the Paris Convention:
    Article 2
    National Treatment for Nationals of Countries of the Union

    (1) Nationals of any country of the Union shall, as regards the protection of industrial property, enjoy in all the other countries of the Union the advantages that their respective laws now grant, or may hereafter grant, to nationals; all without prejudice to the rights specially provided for by this Convention. Consequently, they shall have the same protection as the latter, and the same legal remedy against any infringement of their rights, provided that the conditions and formalities imposed upon nationals are complied with.

    (2) However, no requirement as to domicile or establishment in the country where protection is claimed may be imposed upon nationals of countries of the Union for the enjoyment of any industrial property rights.

    (3) The provisions of the laws of each of the countries of the Union relating to judicial and administrative procedure and to jurisdiction, and to the designation of an address for service or the appointment of an agent, which may be required by the laws on industrial property are expressly reserved.

    1. 2.1

      Thanks. I do believe that US law goes even further.

      Paris convention protects nationals of any country who is part of the convention.

      US law allows anyone (any human) to apply for and obtain a patent even if you are an undocumented refugee from a country that no longer exists or that has deleted your citizenship.

  2. 1

    Is not this non-discrimination required by our obligations under the “Paris Convention for the Protection of Industrial Property” treaty of 1883, and still in force?

    1. 1.1

      Yep. Article 2 requires that.

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