Download e-book for iPad: 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

ISBN-10: 0309089107

ISBN-13: 9780309089104

ISBN-10: 0309567068

ISBN-13: 9780309567060

The U.S. patent procedure is in an accelerating race with human ingenuity and investments in innovation. in lots of respects the method has spoke back with admirable flexibility, however the pressure of continuous technological swap and the higher value ascribed to patents in a data economic system are exposing weaknesses together with questionable patent caliber, emerging transaction charges, impediments to the dissemination of knowledge via patents, and foreign inconsistencies. A panel together with a mixture of criminal services, economists, technologists, and collage and company officers recommends major adjustments within the approach the patent approach operates. A Patent approach for the twenty first Century urges construction of a mechanism for post-grant demanding situations to newly issued patents, reinvigoration of the non-obviousness regular to caliber for a patent, strengthening of the U.S. Patent and Trademark workplace, simplified and no more high priced litigation, harmonization of the united states, eu, and jap exam technique, and safeguard of a few study from patent infringement legal responsibility.

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Extra info for A Patent System for the 21st Century

Sample text

In 1980, 24 universities reported having technology transfer offices. By 2000 nearly all research institutions had them. Varied Roles and Uncertain Benefits of Patents The benefits of more patents in encouraging research and development and simulating innovation appear to be highly variable across technologies and industries and, conceivably, over time; but the industry-specific and comparative research is inadequate to determine the extent of the benefits and the circumstances in which they apply.

In short, a study drawing upon a wider range of expertise and experience is timely. Domestically, the fact that the innovation system of which intellectual property policies are a part is working well by historical and international comparative standards suggests that the patent system is not broken. But there may be instances in which the use of patents is not working as well to promote innovation as we might hope and well-thought-out changes could improve the system’s functioning. Moreover, what the United States does with respect to intellectual property policy influences what other countries do, both through negotiation and by example.

Sakakibara and Branstetter (2001) studied the effects of a statutory change in Japan allowing multiple claims per patent, as has always been the case in the United States. They found that the effective broadening of patent scope had a very small positive effect on R&D activity by Japanese firms. 1 The effect leveled off, however, in the following decade. Scherer and colleagues (1959) investigated the consequences of Italy’s moving from a no-patent to a patent regime in pharmaceuticals; they did not find a significant effect.

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A Patent System for the 21st Century 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


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