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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 procedure is in an accelerating race with human ingenuity and investments in innovation. in lots of respects the procedure has spoke back with admirable flexibility, however the pressure of continuous technological switch and the better significance ascribed to patents in a data financial system are exposing weaknesses together with questionable patent caliber, emerging transaction expenses, impediments to the dissemination of data via patents, and overseas inconsistencies. A panel together with a mixture of felony services, economists, technologists, and college and company officers recommends major alterations within the means the patent approach operates. A Patent procedure for the twenty first Century urges production of a mechanism for post-grant demanding situations to newly issued patents, reinvigoration of the non-obviousness common to caliber for a patent, strengthening of the U.S. Patent and Trademark workplace, simplified and no more expensive litigation, harmonization of the united states, ecu, and jap exam approach, and security of a few learn from patent infringement legal responsibility.

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Extra resources for A Patent System for the 21st Century

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S. Patent No. 223,898. Patent No. 821,393. SIX REASONS TO PAY ATTENTION TO THE PATENT SYSTEM 27 2. 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.

Manufacturing industries were on the decline. S. economy was again exhibiting high productivity growth. A variety of econometric and sectoral studies attributed this robust performance to high rates of innovation, especially in information technologies— semiconductors, computer software, and telecommunications—and their application across the growing service sector of the economy as well as in manufacturing (NRC, 1999a,b; Jorgenson and Stiroh, 2002). In spite of the economic slowdown and the stock market slump in 2001, productivity growth has continued at a rate higher than at any time since 1973.

There is also a growing body of research on the relationship between patents and innovation across countries and time. Using mainly 19thcentury data, Lerner (2002) and Moser (2003) find that instituting a patent system or strengthening an existing patent system does not produce more domestic innovation although the latter does induce inventors from other countries to patent more in the country making the change. , 2003). 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.

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