scholarly journals Low-Quality Patents in the Eye of the Beholder: Evidence from Multiple Examiners

2020 ◽  
Author(s):  
Gaétan de Rassenfosse ◽  
William E Griffiths ◽  
Adam B Jaffe ◽  
Elizabeth Webster
Keyword(s):  
Technological Progress ◽  
Patent System ◽  
Patent Office ◽  
Japanese Patent ◽  
New Model ◽  
Patent Quality ◽  
The Usa ◽  
Patent Applications ◽  
Patent Systems

Abstract A low-quality patent system threatens to slow the pace of technological progress. Concerns about low patent quality are supported by estimates from litigation studies suggesting that most US patents granted should not have been issued. We propose a new model for measuring patent quality, based on equivalent patent applications submitted to multiple offices. Our method allows us to distinguish whether low-quality patents are issued because an office implements a low standard or because it violates its own standard. The results suggest that quality in patent systems is higher than previously thought. Specifically, the percentage of granted patents that are below each office’s own standard is under 10% for all offices. The Japanese patent office has a higher percentage of granted patents below its own standard than those from Europe, the USA, Korea, and China. This result arises from the fact that Japan has a higher standard than other offices. (JEL O34, K2, L4, F42)

scholarly journals Examination of form not substance: Rethinking the patent examination process in Nigeria

2021 ◽  
Vol 1 (1) ◽  
pp. 149-168
Author(s):  
Kasim Musa Waziri ◽  
Gwom Solomon Gwom
Keyword(s):  
Economic Growth ◽  
Human Resources ◽  
Patent System ◽  
Patent Office ◽  
Knowledge Assets ◽  
Patent Applications ◽  
The Government ◽  
Patent Examination ◽  
Examination Process

In an age where knowledge assets play significant roles in the economic development of nations, the patent system has become one of the essential drivers of technological and economic advancement. Thus, the essence of examining inventions is to ensure good quality of patents granted by a patent office and to ensure that such patent applications satisfy the novelty, inventive step, and industrial application criteria. It is standard practice in most countries that patent applications by patentees go through examination processes before they are granted patents. Local patent rules usually guide such examination processes. The Nigerian patent system is not an exception to such practice. However, it suffices to submit only necessary documents for inspection by officials of the Nigerian Patent Registry before a patent is granted. This process of registering patents in Nigeria, which is the depository process of examination, is not thorough compared to the substantive method of examination. The substantive procedure is lacking in the Nigerian patent system. The need for a substantive process of examination in Nigeria is what this article discusses. The article recommends a mix of both the depository and the substantive process of examination in Nigeria, as practised in some countries to issue quality patents that would aid technological and economic growth in the country. The article also concludes that much more needs to be done by the government and policymakers in Nigeria in terms of funds, human resources, and other things to ensure the institution and sustenance of a substantive method of examination of patent applications.

Patentability and PHOSITA in the AI Era—A Japanese Perspective

2021 ◽  
pp. 99-119
Author(s):  
Ichiro Nakayama
Keyword(s):  
Machine Learning ◽  
Black Box ◽  
Patent Office ◽  
Human Intervention ◽  
Japanese Patent ◽  
Inventive Step ◽  
Disclosure Requirements ◽  
Japanese Perspective ◽  
Patentable Subject Matter ◽  
Patent Applications

Although it may not be clear whether AI may generate the invention autonomously without human intervention, recent development of AI produces inventions of AI technologies such as machine learning (deep learning). Inventors also have begun to use AI as a tool to help them create inventions. These AI-assisted inventions raise the urgent and practical issues of patentability such as patentable subject matter (patent eligibility), disclosure requirements, and inventive step (non-obviousness). The Japanese Patent Office (JPO) updated the Examination Handbook to address some of the issues. For instance, they discussed to what extent inventors should disclose in patent applications because AI as a black box does not explain how the problems are solved. However, the JPO did not pay much attention to the possibilities that not only inventors but also a person having ordinary skills in the art (PHOSITA) might use AI and PHOSITA with the aid of AI could create the inventions more easily, thereby raising the level of inventive step. This chapter critically reviews the JPO’s updated Handbook and discusses whether and how we can take into account the use of AI by PHOSITA in examining inventive step.

Uncle Sam wants you to be the first-inventor-to-file for nanotechnology inventions

2012 ◽  
Vol 1 (4) ◽  
pp. 383-386
Author(s):  
Ross Spencer Garsson ◽  
Chinh H. Pham
Keyword(s):  
File System ◽  
Patent System ◽  
Patent Office ◽  
Patent Laws ◽  
Patent Applications ◽  
Filing Patent ◽  
The U.S

AbstractBy the Leahy-Smith America Invents Act (AIA), the U.S. patent system is experiencing the most significant reform since the U.S. Patent Act was enacted some 60 years ago. This article focuses on one aspect of the AIA that has perhaps triggered the biggest debate, namely the conversion under the U.S. Patent laws from a “first-to-invent” system to a “first-inventor-to-file” system. The change to the first-inventor-to file system has broad implications to all entities filing patents in the U.S. Under the new first-inventor-to-file system, the emphasis is now on filing patent applications in the U.S. Patent Office even more quickly than before. Thus, a strategy to file early and often (including using provisional applications) will generally better protect against a later inventor winning the race to the U.S. Patent Office.

scholarly journals Indian medical device sector: insights from patent filing trends

2017 ◽  
Vol 3 (3) ◽  
pp. 167-175 ◽  
Author(s):  
Suchita Markan ◽  
Yogmaya Verma
Keyword(s):  
Medical Device ◽  
Emerging Market ◽  
Patent Application ◽  
Market Potential ◽  
Small Scale ◽  
Indian Medical ◽  
The Usa ◽  
Patent Applications ◽  
The Government ◽  
Patent Filing

In this study, patent application filing trends in India for the last decade (2005–2014) were analysed to understand the medical device patent filing profile. As India is the key emerging market with huge market potential, this study was also undertaken to identify the top medical device companies filing patents in India, the niche technology domains with maximum filings, key gaps in medical device innovation profile and scope for business opportunities. It was observed that patent application filings in the medical device sector during the last 5 years (2009–2013) contributed only to 2% of the total patent applications filed, which may be attributed to nascent medical device sector and lack of Intellectual Property (IP) awareness or funding support for IP filings. The analysis shows increasing trends in medical device patent applications in India, with major share of patent applications being filed from the USA. The Indian applications in this sector contributed only to 17% of the total patent application filings in the last decade. Although foreign players dominate the medical device sector, this study indicates that though at a small scale, Indian applicants are actively filing patents in all key domains of the medical device sector. With the enabling environment being provided by the Government of India with recent policy initiatives such as Startup India, Make in India, 100% Foreign Direct Investment (FDI)and so on and support to start-ups for IP filings, the Indian medical device industry is expected to witness aggressive IP filing and innovation trends and is poised to grow exponentially targeting US$50 billion industry by 2025.

scholarly journals What to do About Bad Patents

2016 ◽  
Author(s):  
Mark Lemley
Keyword(s):  
Patent Office ◽  
Economic Significance ◽  
System A ◽  
Gold Plate ◽  
Patent Applications ◽  
The Law

At the time patent applications are reviewed, the Patent and TrademarkOffice has no way of identifying the small number of applications that arelikely to end up having real economic significance. Thus patentapplications are for the most part treated alike, with every applicationgetting the same - and by necessity sparse - review. In this short magazinepiece, we urge in response three basic reforms. First, we would weaken thepresumption of validity that today attaches to all issued patents. Themodern strong presumption simply does not reflect the reality of patentreview; presumptions, in short, should be earned. Second, becauselegitimate inventors need as much certainty as the law can provide, wewould give applicants the option of earning a presumption of validity bypaying for a thorough examination of their inventions. Put differently,applicants should be allowed to "gold-plate" their patents by paying forthe kind of searching review that would merit a strong presumption ofvalidity. Third and finally, because competitors also have usefulinformation about which patents worry them and which do not, we supportinstituting a post-grant opposition system, a process by which partiesother than the applicant would have the opportunity to request and fund athorough examination of a recently issued patent. As we explain in thepiece, these reforms would together allow the Patent Office to focus itsresources on patents that might actually matter, and it would also bothreduce the incentive to file patents of questionable validity and reducethe harm caused by such patents in any event.

Analysis of International Patent Applications for Inventions Like Traditional Herbal Medicines

2022 ◽  
pp. 532-542
Author(s):  
Pankaj Kumar ◽  
Ameeta Sharma
Keyword(s):  
Herbal Medicines ◽  
Patent Office ◽  
International Patent Classification ◽  
Patent Cooperation Treaty ◽  
Patent Classification ◽  
Patent Search ◽  
Classification Code ◽  
International Patent ◽  
Search Tool ◽  
Patent Applications

Numerous applications have been filed for patents based on bio-inventions in the Indian patent office. Although there is not any international patent, there is a system of international patent applications whereby the applicant may designate name of countries where they wish to file application for patents nationally. According to international patent classification, the concern class for such a patent applications is A61K36/00. More particularly, the international class (IC) A61K36/00 relates to medicinal preparations of undetermined constitution containing material from algae, lichens, fungi or plants, or derivatives thereof (e.g., traditional herbal medicines). International applications filings under patent cooperation treaty (PCT) for patent purposes can be accessed at the Patentscope (patent search tool of WIPO). All international patent applications for such TK-based inventions have been accessed online at Patentscope using the classification code A61K36 for this study.

Mapping the distribution of foreign applications for patents in China, 1987–2017

2019 ◽  
Vol 52 (5) ◽  
pp. 825-828
Author(s):  
Feng Shi ◽  
Yingcheng Li ◽  
Weiting Xiong
Keyword(s):  
Spatial Distribution ◽  
Financial Markets ◽  
Distribution Pattern ◽  
High Tech ◽  
Cayman Islands ◽  
The Usa ◽  
Patent Applications

Despite the growing number of foreign applications for patents in China, the spatial distribution of countries that have applied for patents in China, as well as its evolution, has yet to be investigated. By using cartograms, this paper aims to show the evolving distribution of countries that have applied for patents in China from 1987 to 2017. First, we find that the number of patents applied for in China has been far from evenly distributed across countries. Rather, it has been mainly concentrated in several countries such as Japan, the USA, and Germany. Second, the distribution pattern changed a lot during the first decade of the study period and has remained relatively stable over the last two decades. Third, recent years have also seen an increasing number of patent applications in China by some offshore financial markets like the Cayman Islands, where many high-tech companies are registered.

Patent Opposition Considerations for the Technology Transfer Professional

2007 ◽  
Vol 21 (2) ◽  
pp. 169-174
Author(s):  
Mark B. Wilson ◽  
Daniel Alge
Keyword(s):  
United States ◽  
Technology Transfer ◽  
The United States ◽  
Third Party ◽  
European Patent Office ◽  
European Patent ◽  
United States Congress ◽  
Patent Office ◽  
The Usa

Many jurisdictions, including the European Patent Office (EPO), have opposition proceedings in which an interested third party can challenge the validity of the claims of an issued patent. The United States Congress is considering legislation that would introduce opposition proceedings in the USA. This paper reviews the existing EPO and proposed US opposition procedures and provides practical suggestions for dealing with oppositions.

Accelerated Examination & Grant of Japanese Biotechnology Patents

2009 ◽  
Vol 6 (2) ◽  
Author(s):  
John A. Tessensohn ◽  
Shusaku Yamamoto
Keyword(s):  
Stem Cells ◽  
Intellectual Property ◽  
Induced Pluripotent Stem Cells ◽  
Pluripotent Stem Cells ◽  
Patent Protection ◽  
Research Community ◽  
Patent System ◽  
Patent Office ◽  
Induced Pluripotent

AbstractThe healthcare transformational capacity of biotechnology intellectual property makes it fundamental that such biotech patents are issued promptly in order to have clarity and certainty in the research community and the marketplace. In these economically challenging times, accelerated patent grants will make biotech patent owners more attractive to investors and licensors ensuring their survival. Japanese universities have aggressively patented and licensed their biotech research and utilized the accelerated patent system to procure the world's first ever induced pluripotent stem cells (iPS) patent. This article examines the various accelerated examination procedures available at the Japan Patent Office and how biotechnology patent applicants can secure early patent protection in Japan, the world's second largest biopharmaceutical market.

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