Essay On Patent Systems

There is just a one person who sells products or services and there are no incentives which help to break this monopoly. There are many monopoly industries in the market. In monopoly, they use patents because they don’t like if someone’s copy their inventions.

Protection of intellectual property are investments based on acquired knowledge, thought and effort by one or multiple individuals on behalf of themselves, the business they work for when the property is created, and a financial investment. Each of these – acquired knowledge, thought, physical effort, financial investment – have a value that can be attached as it relates the usefulness or importance of the resulting product. That value will have a level of importance to the individual(s) creating the product and if applicable, the investor providing the funds in support of the creation.

Patent Infringement Litigation. Nonpracticing companies are firms that do not create inventions, rather buy patents in order to sell licenses to other organizations interested in utilizing or commercializing the invention. Nonproducing companies like Bellevue, Washington-based Intellectual Ventures, argue that licensing of patent rights supports innovation, as they are able to broker access to companies and individuals that have the capacity to do something with the intellectual property (e.g. develop or apply the technology in the marketplace). Nonproducing companies aggressively defend their patents by filing patent infringement lawsuits in federal court against companies or groups of companies that that they believe have infringed on their patents. The focus on litigation is in fact a core component of these firms

From a rule utilitarian point of view, from a macroeconomic perspective, granting software patents by giving the exclusive right to sell, use,

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.

There is a need for patent system reform which will foster innovation and creativity without the sacrificing fairness. In the current state, the system serves to only stiffen innovation and obliterate anyone who does not have deep enough pockets to protect themselves against NPEs. There needs to be a cost to Patent Trolls for filing bogus patents and lawsuits in order to deter them from their obnoxious and unjust litigation. We need a system that would level the field for those who have money to fight and those who don't. Justice should be accessible to all and not just those who can afford

According to the report from the USPTO, there are totally 576,763 patent applications in 2012. (1) Every single patient required the patient to make the engineering drawing to show how does the work looks like, then produce it and keep one testing and upgrading before sending the application to the government. Once they pass the application, probably they won’t be worried about the future living anymore. When the inventor got an idea, the very first step he may want to do is draw it out. He will use the picture to show his work’s shape, the motion, the details and the materials. Since the beginning of creating an invention, make an engineering drawing is so important. There are so many great inventions in the world, but before they come

IP is becoming increasingly important in the world economy. This can be seen in the increase of patent application and granting. Contrary to the growing IP assets, the market for IP was still con-sidered small and illiquid. Obstacles hindering the uptake of the IP market are:

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.

As the era of technology and new innovations allows people to share ideas at a moments notice the need for laws to protect people’s ideas and inventions need to keep up. These laws are called intellectual property rights (IPR) and can include patents, copyrights, trademarks, process design and in some case trade secrets which differ from other types of IPR. This means that a company could create a monopoly on an idea that would give them a right to punish people by law if they copied that idea. For most of these forms of IP such as a patent and trademark require the idea holder to submit their process for creating the idea and documentation proving ones claim, however for copyright according to federal law any original work that is publically produced protects the rights of the creator. This is good for most people because it ensures their work can not be copied but some people who share information with the public actually want it to be free for all to know and use it without someone being able to profit off of it.

While some support the function of the patent system, most of the researches tend to concentrate on the drawbacks as they distract companies from innovating and make others hesitate to create new products for fear of being sued. However, the above researches are mostly theoretically based and cannot give many practical examples. Yet, some of the information from the studies can be used to support the persuasive report. For instance, the number ‘20 billion dollars’ and the Edison case show that for a long time, patent wars have had an adverse impact on innovation and the growth of a company. Based on several researches above, if Apple and Samsung continue its patent war, their companies’ innovation, human resources as well as capitals will be reduced and

McGahan, A. M., & Silverman, B. S. (2006). Profiting from technological innovation by others: The effect of competitor patenting on firm value. Research Policy, 35(8), 1222-1242.

This thesis is to address the possibility of adapting the patent law in Taiwan, compared with what is done in India. These adjustments utilize the so-called “TRIPS flexibilities” embodied in the TRIPS Agreement (The Agreement on Trade Related Aspects of Intellectual Property Rights), as Annex 1C of the Marrakesh Agreement establishing the World Trade Organization (hereinafter the WTO) which came into effect in January, 1995. As a trade-off between promoting knowledge diffusion and exclusivity to use the knowledge, the patent system is part of the minimum standard established in the course of the globalization of intellectual property right (IPR). The formation of TRIPS also demonstrates that the strength of private sector and

The distribution of patents over the technology classes describes the position of the company in the technology market.

This paper examines the use of compulsory licensing as a policy to combat the monopoly problem associated with the patent system. It introduces the notion of an optimal patent-one where the patent life and the licensing royalty rate are both determined optimally. Under certain simplifying assumptions it is shown that the optimal patent will have an indefinite life, for both process and product innovations. Some preliminary calculations suggest that the use of compulsory licensing may lead to substantial welfare improvements, even if the patent life is left unchanged at 17 years.