A Patent System for the 21st Century by National Research Council, Policy and Global Affairs,

By National Research Council, Policy and Global Affairs, Technology, and Economic Policy Board on Science, Committee on Intellectual Property Rights in the Knowledge-Based Economy, Mark B. Myers, Richard C. Levin, Stephen A. Merrill

The U.S. patent approach is in an accelerating race with human ingenuity and investments in innovation. in lots of respects the process has replied with admirable flexibility, however the pressure of continuous technological switch and the better significance ascribed to patents in an information economic system are exposing weaknesses together with questionable patent caliber, emerging transaction expenditures, impediments to the dissemination of knowledge via patents, and overseas inconsistencies. A panel together with a mixture of criminal services, economists, technologists, and college and company officers recommends major alterations within the approach the patent process operates. A Patent approach for the twenty first Century urges production of a mechanism for post-grant demanding situations to newly issued patents, reinvigoration of the non-obviousness ordinary to caliber for a patent, strengthening of the U.S. Patent and Trademark workplace, simplified and no more expensive litigation, harmonization of the united states, ecu, and eastern exam technique, and safety of a few learn from patent infringement legal responsibility.

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S. inventors, but economic growth and R&D expenditure increases were greater abroad than in the United States during much of this period. S. domestic patent and applications and grants to domestic entities. S. Census. S. S. S. 00 1963 1965 1967 1969 1971 1973 1975 1977 1979 1981 1983 1985 1987 1989 1991 1993 1995 1997 1999 FIGURE 2-2 Patent and corporate R&D and population ratios. S. Census. doubt encouraged firms to exploit new ways of protecting market positions, especially since economic regulation, trade barriers, and artificial monopolies have been reduced.

C. C. C. C. §§ 156,271,282 (1994)). ” Some of the reasons for this unidirectional “ratcheting up” of patent rights are apparent—a general belief in the efficacy of the intellectual property system and a reluctance to disrupt reasonable investment-backed expectations once created by law or regulation. Strictly speaking, whether the changes contributed to a “strengthening” of patent rights is debatable. Some argue that a lowering of the threshold conditions of patenting, especially the standards of utility and nonobviousness, has led to the issuance of large numbers of “weak” patents unlikely to stand up in litigation.

It is often assumed that in a highly competitive environment firms will not invest as substantially in the development of new products and processes without the ability to protect their advances from imitation. But there are theoretical reasons to question how substantial the incentive of patenting is and how broadly the incentive operates across industries. 22 The competitive position of rival firms patenting in the same technological domain may be even more enhanced by extensive patenting (Gallini, 2002).

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