A global patent solution comes into view

There is a need to resolve the controversial and delicate issues of patent reform directed at cost containment in securing, perfecting, maintaining, and enforcing intellectual property rights. As the costs of obtaining patents come down, there needs to be a renewed focus to address ways to increase...

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Bibliographic Details
Published inManaging Intellectual Property no. 93; p. 70
Main Author Berman, Charles
Format Trade Publication Article
LanguageEnglish
Published London Euromoney Institutional Investor PLC 01.10.1999
Subjects
Cooperation
Cost control
Costs
Enforcement
Globalization
Intellectual property
Internet
Inventors
Law firms
Litigation
Policy making
United States > US
Europe
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Summary:There is a need to resolve the controversial and delicate issues of patent reform directed at cost containment in securing, perfecting, maintaining, and enforcing intellectual property rights. As the costs of obtaining patents come down, there needs to be a renewed focus to address ways to increase the value of patent rights. There are 3 cost drivers or phases related to cost considerations: 1. the up-front or entry fee, 2. the processing and perfection fees, and 3. the costs for enforcement and the remedial consequences for violation of patent rights. Since the internationally-based cost containment initiatives launched in 1996, significant cost reductions have been achieved at the first level. The European Patent Office has reduced the entrance fees by 41%. At the 2nd level, many cost reducing initiatives have been suggested in recent years. At the 3rd level of costs - the enforcement issue - costs in the US are significantly higher than in European countries. Judicial efforts and legislative techniques are being made to reduce these litigation fees. Overarching local efforts to address patent costs are the critically important pan-national efforts that need to succeed to prevent the patent system from becoming obstacles to growth in the long run. It is expected that Europe and other countries may resist the US approach of enhanced or punitive damages for patent infringement in appropriate circumstances. However, the risk of high damage awards would make patents more respected in Europe than may otherwise be the case.
ISSN:0960-5002