Developing Countries May Have Difficulties In Construe

The amount of patent filings for scientific and technological innovations is a relevant category in regards to producing the superpower index. The reason for this is because it is indicative of quaternary sector employment, which generally equates to higher income due to the high standard of research that can be gathered and then sold on to other countries at a high price. Additionally, a large number of patents enables a country to become dominant sellers of a product, therefore allowing them to be the main exporter, increasing the country’s cultural influence; this also allows a country to gain a large profit. The factor of population is significant here, as a large population may result in a large number of researchers, and therefore a large number of entrepreneurs, contributing to a countrys’ influence on global markets. The figure shows that the USA has the highest ranking in regards to this factor, highlighting its superpower status as the country has 391,000 patents and innovations compared to the lowest ranked country of Brazil, which only has 4,750.

It is intended both to provide thumbnail descriptions of the various intellectual property regimes to economists working in this area and to indicate where additional economic research might be useful. The other papers in this symposium provide important examples of ongoing research on the economics of intellectual property. Suzanne Scotchmer analyzes the complex effects of patent protection when innovation is cumulative. Rather than analyzing situations in which several firms vie to develop the same innovation-the approach of the "patent race" literature-her analysis examines circumstances in which only one firm can develop an initial innovation but others can also build upon it. She focuses on how the incentive to develop both the initial and subsequent inventions may be affected by the scope of patent protection. Janusz Ordover considers ways of adjusting the patent system that may help to both provide returns to the inventor, and encourage the diffusion of the innovation in the economy. His paper is part of a line of work that explores the place of the intellectual property system among the large number of institutions that affect the amount and nature of research and development that takes place. In the final paper, David

An effective system of intellectual property is important in facilitating innovation as well as economic growth within a country and across all its borders (Davidson, Monoti, Wiseman, 2012). The current global economy is concentrating more in the invention of ideas that are original, other than in manufacturing of machines. To enhance and protect these ideas, there ought to be effective intellectual property laws. The government of Australia has prioritized the protection of original ideas from individuals through copyright, patent, and trademarks among other intelligent property laws, which give the inventor a temporary period to enjoy the financial benefits of his or her original idea. The major purposes of intellectual property laws can be contested; therefore, they create areas of interest for

The United States Patent and Trademark Office is overloaded with thousands of applications a year, given an applicant can even get their patent filed. In the pharmaceutical industry, the patent process is in dire need of being reformed. A typical patent last twenty years and the process is a little different when it comes to manufacturing drugs compared to other industries. Partly because in the medical field research is more or less openly shared. However, on the pharmaceutical side the more concealed the better the chances are to get good profitable returns. During the beginning stages of getting a drug to market the drug must be tested and adhere to the Food and Drug Administration’s (FDA) guidelines. An FDA approved drug means that the

The United States Patent Office (“USPTO”) faces criticism from its users and legislators that the timeliness of the patent process and ultimate quality of issued patents are inadequate. In order to address this criticism Congress made several changes to the authorities of the USPTO in the last decade and considered more changes in 2009. Nevertheless, problems persist and some stakeholders argue that reorganizing the USPTO as a government corporation would best alleviate these problems by broadening its authorities even further and releasing it from external constraints.

Lawson for their patent infringement case against Howell Jewelry. Howell Jewelry will lose the patent case because the memo will surface as an incriminating document in discovery of the lawsuit. Howell will have to abandon their new process and make arrangements for repayment of loss revenue to Greene. The public opinion in this case will side with Greene damaging the reputation of Howell’s business. Howell should resolve the patent infringement before going to court. The number of patent application is growing steadily,1 and we can easily hear the news of patent wars in global business, such as “Apple vs. Samsung” and “Microsoft vs. Motorola.” Even a firm called a “patent troll” which collects patents and makes profits from the litigation against the infringement has appeared in the market. The patent holders, however, do not always win the trial; roughly a half of all litigated patents are found to be invalid.2 Furthermore, not every conflict over patent rights involves a lawsuit. In fact, a majority of the disputes are settled; some of them are resolved peacefully before they go to court, and others are settled in the middle of the trial. Given these various scenarios, it is natural to attempt to integrate a series of events regarding patent rights and to clarify the mechanism behind them.

Patent is conducted by a process called patenting, which is a part of Intellectual property (IP) protection. Intellectual property refers to creations of the mind and human intellect. (Anon., 2016)

Mueller states a working requirement bears the expectation of forcing a patentee to manufacture domestically, thereby eventually increase capital investment and job creation. She argues that this requirement is only facially equally applied, but de facto discriminates against foreign patentees. Therefore, according to this view, the “requirement” violates article 27.1 of the TRIPS Agreement and the legislation is aimed to protect and create incentives for indigenous industry. This argument follows the conclusion of discriminatory treatment between foreigners and domestic industry. Regarding this point of view, the IPAB ruled that the Controller did not discriminate against a foreign patentee in its Bayer v. Natco opinion, because the patent was granted.

-One can achieve a high level of innovation in some areas of the modern economy without the intellectual property protection – “excessive, unbalanced or poorly designed IP protections may be counterproductive”

As referred to in section 2.1, due to the excluded subject matter, there is a misconception that software is not patentable in Europe. However, in practice, the EPO has granted thousands of software patents since its formulation. Scholars assess that the scope of patent protection for software interpreted by the Boards of Appeals is fairly limited.

Recently, Congress and the courts in the United States have been active in reining in what many have seen as patent system that has run amuck. In the process, they have placed a number of limits on patent holders’ ability to effectively and successfully enforce patents. But as opportunities to enforce intellectual property through patent suits have been narrowed, another IP door appears to be opening.

The America Invents Act has shifted the power of intellectual property towards large companies who have the ability to file provisional patents before individual inventors or smaller companies can file.

Therefore, protection of patents is one of the key conditions necessary for further development of the pharmaceutical industry. At the same time, non-efficient legislation that does not provide the necessary level of patent protection is one of the factors that hamper expansion of “Big Pharmaceutical” companies to the developing countries8.

India must seriously examine its Intellectual Property Rights (IPR) position and see how best TRIPS (Trade Related Intellectual Property Rights) can be interpreted, as IPR laws are national laws. India should cull the best points from various laws to suit her future needs.

7 Patent is a useful indicator of scientific outputs and economic activities of countries. It provides