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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

ISBN-10: 0309089107

ISBN-13: 9780309089104

The U.S. patent method 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 economic system are exposing weaknesses together with questionable patent caliber, emerging transaction bills, impediments to the dissemination of data via patents, and foreign inconsistencies. A panel together with a mixture of criminal services, economists, technologists, and collage and company officers recommends major alterations within the means the patent procedure 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 average to caliber for a patent, strengthening of the U.S. Patent and Trademark workplace, simplified and not more expensive litigation, harmonization of the united states, eu, and eastern exam strategy, and security of a few examine from patent infringement legal responsibility.

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Although representing an important advance on previous research, the study is not a comprehensive analysis of the social welfare effects of patents. For example, it does not consider the positive or negative impact of patent use on industry entry, which could have an important bearing on innovation. Finally, although the analysis is sensitive to the possible substitution of other appropriability mechanisms (such as secrecy or lead-time advantages) for patents at the margin, it cannot project the possible impact on innovation of eliminating patents altogether.

As this abbreviated literature review suggests, the empirical economic research on the uses and impacts of patenting is more robust than it was nearly 20 years ago when George Priest (1986) complained about the dearth of useful economic evidence on the impact of intellectual property: “Economists know almost nothing about the effect on social welfare of the patent system or . . ” Nevertheless, knowledge is still quite limited and the range of industries examined in any detail is quite narrow. EVALUATION CRITERIA In circumstances that at this stage defy a comprehensive evaluation, the committee posits a series of criteria for evaluating the patent system in terms of its impact on innovation rather than addressing its competitive or overall welfare effects.

S. government followed a supportive mix of macroeconomic and microeconomic policies—deficit reduction, conservative monetary policy, scaling back of economic regulation of transportation, finance, and communications, trade liberalization, relatively permissive antitrust enforcement, and at least until the 1990s, continued support of research across a broad range of scientific and engineering fields. The board observed that none of these favorable conditions was permanent and in some areas—the slowing production of domestic science and engineering talent and the real decline in public support of research in most of the physical science and engineering fields for nearly a decade—the trends were troubling (NRC, 2001).

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