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 method has spoke back with admirable flexibility, however the pressure of continuous technological switch and the higher significance ascribed to patents in a data financial system are exposing weaknesses together with questionable patent caliber, emerging transaction bills, impediments to the dissemination of knowledge via patents, and foreign inconsistencies. A panel together with a mixture of felony services, economists, technologists, and collage and company officers recommends major adjustments within the approach the patent approach operates. A Patent process for the twenty first Century urges production 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 workplace, simplified and not more high priced litigation, harmonization of the united states, ecu, and eastern exam strategy, and safeguard of a few learn from patent infringement legal responsibility.
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Extra resources for A Patent System for the 21st Century
Anand and Khanna (2000) support the hypothesis of a direct relationship by showing that licensing is more frequent in industries where patents are also prevalent. On the other hand, data distinguishing licenses of patents from other licenses are not available; the latter might have increased more rapidly. Patenting can be an important strategic tool for firms without being either a significant direct stimulus to R&D or a source of technical information on the direction of R&D or other activities of competitors.
Contracts frequently are used by businesses to protect information, and to the extent that they act to define and reinforce the trade secret right, are widely enforced. Other agreements, such as noncompetition covenants and prohibitions against reverse engineering, although often sought in the name of trade secret protection, are more controversial because of their possible effect on fair competition. The Economic Espionage Act of 1996 expanded the effective protection of trade secrets by providing federal criminal penalties for behavior that was traditionally addressed for the most part by state civil law.
The concern involves a rapidly expanded domain of patenting—inventions that are useful solely or primarily for further research. Previously, in most cases these techniques and discoveries became part of the public domain of scientific knowledge available without restriction for use by all investigators, especially where they were the products of publicly funded research at institutions of higher education. Open academic science thrived not on the basis of altruism but because the rewards for successful work are reputational and the benefits that go with prestige.
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