Technical Cooperation and the International Coordination of Patentability of Biotechnological Inventions

Within the formal international framework, the coordination and harmonization of substantive patentability is currently of a limited nature, confined to the level of general principles, in contrast to the greater degree of procedural coordination. This involves increased costs and a lack of legal certainty for those seeking patents in multiple jurisdictions, mainly transnational corporations in some research-based industries such as pharmaceuticals. The problems encountered in achieving even a basic level of international consensus have encouraged informal cooperation through what could be conceptualized as 'global patent networks'. Furthermore, the interrelationship between procedural and substantive patent law issues has led the Trilateral Patent Offices, an informal, transgovernmental regulatory network of technical specialists, to undertake projects relating to the harmonization of procedural and substantive patent law issues primarily in contentious areas of patentability such as biotechnology. This raises the possibility of developing convergent interpretations of the patentability rules, although with implications for accountability and legitimacy.