Foreign Patent Decisions and Harmonization: A View of the Presumption Against Giving Foreign Patent Decisions Preclusive Effect in United States Proceedings in Light of Patent Law International Harmonization, 18 J. Marshall Rev. Intell. Prop. L. 1 (2018)

Abstract

This article takes a look at the important issue of global harmonization in patent law. The article takes a snapshot at issues such as recognition and enforcement of foreign patent decisions, and how courts in the United States resolve foreign patent laws disputes brought before them. Although there are numerous legal topics that can be addressed in the subject of international patent law, this article takes special focus on the pressure put on the strong presumption of territoriality in patent law because of the rapid and still growing globalization and internalization of markets and intellectual property; while also discussing on the strong presumption against giving preclusive effect to foreign patent decisions in U.S. proceedings