Futuríveis
terça-feira, dezembro 07, 2004
Sistema de Patentes em degradação acelerada
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“Patent offices are under incredible pressure,” says Dominique Guellec, the chief economist at the European Patent Office in Munich. Applications at many patent offices have doubled in the past ten years, and the average length of each submission has increased by 50%. The average quantity of work required to examine an application is three times greater than it was a decade ago. “Of course that can't be neutral in terms of quality,” says Mr Guellec.
In recent years, the scope of patents has broadened to encompass new technologies, as well as software, and in some instances business methods. Meanwhile, the legal power of patents, once awarded, has increased, and they are more zealously sought. This, combined with an alleged decline in the quality of patents—that is, how accurate their claims are and whether they are truly novel or non-obvious—is deeply troubling, especially as, once awarded, a patent is hard to revoke.
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A study by M-CAM, an intellectual-property consultancy, found that over 30% of patents make duplicate claims, raising questions about their validity. America's PTO dismisses the criticism as anecdotal. “We're seeing lots of new industries being born, that is why there are a lot more patent applications,” says Mary Critharis of the PTO.
The number of patent applications to the PTO is growing at around 6% a year. The wait for a decision is on average 27 months—and much longer for complex applications in advanced sciences. Last year, the PTO received around 350,000 applications and currently has a backlog of over half a million to review. It is a global concern: foreigners account for around half of all patents granted.
Similar growth is occurring elsewhere, including in countries that previously showed little interest in intellectual property. Applications to China's patent office increased fivefold from 1991 to 2001. As countries such as China, South Korea and India spend more on research and development, they are filing more patents.
The mission creep of America's patent system into more contentious areas is also spreading elsewhere. Later this month, the European Council of Ministers will discuss draft legislation on harmonising policy on computer-implemented innovations. Many small software companies in Europe, as well as “open-source” software developers that make non-proprietary software, oppose the initiative. They fear that it is a first step towards adopting controversial software patents, already awarded in America, which could block different implementations of the same features. Were further proof needed that this may not be an entirely positive development, look no further than the mighty software monopolist, Microsoft, whose chairman, Bill Gates, has called on employees to increase the number of patents that the company files.
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The Economist (requires subscription)
“Patent offices are under incredible pressure,” says Dominique Guellec, the chief economist at the European Patent Office in Munich. Applications at many patent offices have doubled in the past ten years, and the average length of each submission has increased by 50%. The average quantity of work required to examine an application is three times greater than it was a decade ago. “Of course that can't be neutral in terms of quality,” says Mr Guellec.
In recent years, the scope of patents has broadened to encompass new technologies, as well as software, and in some instances business methods. Meanwhile, the legal power of patents, once awarded, has increased, and they are more zealously sought. This, combined with an alleged decline in the quality of patents—that is, how accurate their claims are and whether they are truly novel or non-obvious—is deeply troubling, especially as, once awarded, a patent is hard to revoke.
...
A study by M-CAM, an intellectual-property consultancy, found that over 30% of patents make duplicate claims, raising questions about their validity. America's PTO dismisses the criticism as anecdotal. “We're seeing lots of new industries being born, that is why there are a lot more patent applications,” says Mary Critharis of the PTO.
The number of patent applications to the PTO is growing at around 6% a year. The wait for a decision is on average 27 months—and much longer for complex applications in advanced sciences. Last year, the PTO received around 350,000 applications and currently has a backlog of over half a million to review. It is a global concern: foreigners account for around half of all patents granted.
Similar growth is occurring elsewhere, including in countries that previously showed little interest in intellectual property. Applications to China's patent office increased fivefold from 1991 to 2001. As countries such as China, South Korea and India spend more on research and development, they are filing more patents.
The mission creep of America's patent system into more contentious areas is also spreading elsewhere. Later this month, the European Council of Ministers will discuss draft legislation on harmonising policy on computer-implemented innovations. Many small software companies in Europe, as well as “open-source” software developers that make non-proprietary software, oppose the initiative. They fear that it is a first step towards adopting controversial software patents, already awarded in America, which could block different implementations of the same features. Were further proof needed that this may not be an entirely positive development, look no further than the mighty software monopolist, Microsoft, whose chairman, Bill Gates, has called on employees to increase the number of patents that the company files.
...
The Economist (requires subscription)
posted by CMT, 11:32 da tarde
