Microsoft wants a global patent system
p2pnet news view | P2P | Politics:- Microsoft wants a, “world patent that is derived from a single patent application, examined and prosecuted by a single examining authority and litigated before a single judicial body”.
It’d sure make things easier for Microsoft.
A, harmonized, global patent system would resolve many of the criticisms leveled at national patent systems over unmanageable backlogs and interminable pendency periods,” blogs company front man Horacio Gutierrez, going on »»»
To increase efficiency and enhance patent quality, patent offices also need to leverage collaboration and work sharing opportunities. As I blogged previously, national patent offices should be commended for their early efforts at work sharing through projects such as the Patent Prosecution Highway and the “IP5″ partnership.
The logical next step is to accelerate the work underway to align patent approval procedures and application formats, including a common digital application, and to collaboratively set standards for patentable subject matter, adequacy of disclosure and enablement requirements, and the completeness of the examination record. Bold action is needed. Stringent criteria must be established and clearly understood so patent search and examination results can be accepted by patent authorities around the world.
But Mike Masnick on TechDirt doesn’t think it’s such a good idea.
“It surely is a pain to have to apply for a patent in many different countries around the world, and to deal with different local systems and responses,” he says, “And, yes, there is a big backlog at the patent office, which could be alleviated if many patent offices weren’t all reviewing the same patents
But,having different patent systems actually serves an important function in better understanding the levers of innovation: which is that we get to compare different approaches and that different countries can try out different ideas to see what works and what doesn’t,” he says, continuing »»»
Unfortunately, we’ve already lost some of that uniqueness around the world due to the TRIPS agreement, which harmonized many patent systems on certain points, and took away some of the unique features of patent systems.
We’ve already seen that in “harmonizing” copyrights thanks to the Berne Convention that it’s been made much more difficult for countries to correct mistakes (or even admit mistakes) with overly aggressive copyright laws. In fact, it’s created a situation where the only direction copyright law seems to go is towards stronger protection — almost always under claims of a need to “live up to international treaties.” If we created a single global patent system, you’d have that problem on steroids.
“Rather than being able to experiment and cut back on the excesses and problems of the patent system, the entire world would be stuck with a single system, and any changes to the regulations would be driven by those who benefit most from being able to abuse such monopoly rights,” Masnick adds.
Horacio Gutierrez – Improving Global Patents: Think Locally, Act Globally, September 1, 2009
TechDirt – Bad Ideas: Globalizing The Patent System, September 3, 2009
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September 3rd, 2009 at 1:45 pm
I live in the US where the patent offices lack the resources and time to fully investigate every new patent application that shows on their doorstep. The result? Lots of patents are approved without researching cases of prior art, or overlooking patents that are too broad and obvious.
Perfect example: IBM patented “40 minute meetings”. http://yro.slashdot.org/article.pl?sid=09/05/08/2046215
Cases of patent trolls are not uncommon today, and abuse of patents is widespread in the US. So if one of the most powerful western nations can not establish an efficient and coherent patent system, why would anyone think it would be possible on an international scale?
September 4th, 2009 at 12:45 am
I’ll support Microsoft’s idea, if and only if Microsoft agrees that global patent infringement lawsuits can be heard in any court on the globe. I’d like to see the punitive damages a European court would impose every time Microsoft infringes somebody else’s patent. It would make MS wish they were back in East Texas.