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 process is in an accelerating race with human ingenuity and investments in innovation. in lots of respects the approach has spoke back with admirable flexibility, however the pressure of continuous technological swap and the better value ascribed to patents in a data financial system are exposing weaknesses together with questionable patent caliber, emerging transaction expenses, impediments to the dissemination of knowledge via patents, and overseas inconsistencies. A panel together with a mixture of criminal services, economists, technologists, and collage and company officers recommends major alterations within the manner the patent approach operates. A Patent method for the twenty first Century urges construction of a mechanism for post-grant demanding situations to newly issued patents, reinvigoration of the non-obviousness typical to caliber for a patent, strengthening of the U.S. Patent and Trademark place of work, simplified and not more expensive litigation, harmonization of the united states, eu, and eastern exam method, and safety of a few learn from patent infringement legal responsibility.
Read Online or Download A Patent System for the 21st Century PDF
Best intellectual property books
What drives innovation? How does it give a contribution to the expansion of enterprises, industries, and economies? And do highbrow estate rights aid or damage innovation and progress? Uniquely combining microeconomics, macroeconomics, and idea with empirical research drawn from the us and Europe, this publication introduces graduate scholars and complicated undergraduates to the advanced strategy of innovation.
Such a lot employeers are astounded at how simply and quick their proprietary info can get out in their keep an eye on. In various instances, robbery of alternate secrets and techniques usually comprises staff leaving a firm to begin their very own enterprise or paintings for a right away competitor. approximately all books that handle the subject of exchange secrets and techniques have the "spy vs.
In a global the place your highbrow estate is your most beneficial asset, patents have gotten a vital instrument for attaining and protecting a aggressive side. With billions of greenbacks at stake, businesses are protecting their patents vigorously; high-profile instances, corresponding to Microsoft's $900 million patent dispute cost with sunlight Microsystems, and Medtronic's acquisition of a competitor's complete patent portfolio for $1.
The law of innovation and the optimum layout of felony associations in an atmosphere of uncertainty are of an important coverage demanding situations of the twenty-first century. Innovation is necessary to monetary development. Regulatory layout judgements, and, particularly, pageant coverage and highbrow estate regimes, may have profound effects for financial development.
- Business and Legal Forms for Theater, Second Edition (Business and Legal Forms Series)
- Biobanks: Patents Or Open Science? (Woodhead Publishing Series in Biomedicine)
- The Opium of the Intellectuals
- Media and Sovereignty: The Global Information Revolution and Its Challenge to State Power (MIT Press)
- Intellectual Property in the Food Technology Industry: Protecting Your Innovation
Additional info for A Patent System for the 21st Century
Access to patented discoveries or research tools is possible but on terms that make their use too costly, at least for nonprofit research performers. 3. Pursuit of research is effectively blocked because of the practical difficulty of acquiring rights to use all of the needed patented elements of research held by diverse parties (Heller and Eisenberg, 1998). The concern has focused primarily on the field of biotechnology, where there has been an increase in patents on a variety of inputs into the process of discovering a drug or other medical therapy or method of diagnosing disease as well as the tools of plant modification—genes and genetic sequences, drug targets and pathways, antibodies, and so forth.
EVALUATION CRITERIA In circumstances that at this stage defy a comprehensive evaluation, the committee posits a series of criteria for evaluating the patent system in terms of its impact on innovation rather than addressing its competitive or overall welfare effects. These criteria, although requiring judgments, can in varying degrees be assessed empirically and tracked over time to observe significant changes. In most cases they relate to factors widely thought to be important if not necessary and sufficient conditions for innovation.
Likewise, the share of patents issued to universities and government laboratories increased in the 1980s and 1990s. University patents per dollar of research spending more than tripled from 1980 to 1997; the patent propensity of federal laboratories was on a similar course until 1993, when R&D spending in areas other than health started to decline. Since the 1980s patent holders have been required to pay maintenance fees at the end of the third year, seventh year, and eleventh year to continue to be able to enforce their patents.