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 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.

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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.

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