Papers, summaries and briefs supporting a wider understanding of invention, innovation and the use of patents developed by eminent researchers or by 4iP Council members.
Patent System and Patent Quality SMEs IP Enforcement Standardisation Licensing IP and Competition Law Trade Law and Regulation Digital Single Market
Papers, briefs and publications
SMEs and Standard Essential Patents: Licensing Efficiently in the Internet of Things
This article first appeared in les Nouvelles - Journal of the Licensing Executives Society, Volume LII No. 4, September 2017. Available at SSRN: https://ssrn.com/abstract=3009039
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Categories: SMEs, Standardisation, Licensing
Patent invalidation and legal certainty – What can patent holders expect?
Abstract: Germany is one of Europe’s most important patent centres: as regards patent grants and also as regards patent infringements. This may be why the German patent scene in the last two years has been looking at the success rates of nullity suits filed with the German Federal Patent Court (BPatG) – under two different aspects: In 2014, a first legal article concentrated on the problem of lack of legal certainty for patent holders and on investment risks posed by the seemingly boundless possibilities for challenging patents in nullity proceedings. The article called for these risks to be addressed more carefully, not to the least in view of Art 14 German Grundgesetz (GG), which safeguards the right to property. Another article from the same year, motivated more along the lines of innovation theory, took said success rates as a reason to fundamentally criticise patents under the provocative title “Why most patents are invalid”. This article scrutinised both, individual points within the criticism, as well as allegedly far-reaching conclusions regarding patents at large. According to industry reports, these conclusions have been affecting patent value, and they also may pose a threat to the system as such – unjustly so, as this article will show!
Low-Quality Patents in the Eye of the Beholder: Evidence from Multiple Examiners
In this paper, the authors propose a new way of measuring patent quality, based on twin patent applications granted at one office but refused at another office, applied to the five largest patent offices. This method allows to distinguish low-quality patents issued because an office has a low standard from patents issued in violation of an office’s own standard, however high or low (so-called ‘weak patents’ in the scholarly literature). The results suggest that quality in patent systems is higher than previously thought; in particular the percentage of ‘weak’ patents is in single digits for all offices, although the U.S. patent office’s performance is poorer than those of Europe and Japan.
High quality of Patents in Europe - infographic
4iP Council has consolidated available data on patents in Germany in 2015 to provide a fresh picture on invalidity rates. This work takes the shape of an infographic and follows the recent publication of numerous papers by eminent authors radically overturning an assumption that patent invalidity rates in Europe are high. In 2015, just 1 in 17,500 (0.006%) of all patents in force in Germany were declared invalid by a court. Research findings show similar results for patents in other jurisdictions.
Intellectual Asset Management (IAM) magazine joins the discussion on patent quality
Intellectual Asset Management (IAM) magazine’s Nov/Dec issue features a new article by Claudia Tapia, Director IP Policy at Ericsson and 4iP Council Chair on the importance of patent quality in Europe, how it is achieved and the interpretation of invalidity rates. The article, shared below, examines invalidity rates worldwide and provides a careful empirical examination of patent assessments at the German Federal Patent Court. The evaluation of statistics presented in the article clearly suggests that there is no problem with patent quality patents in Europe. Indeed, the situation is quite the contrary. This article first appeared in IAM issue 80, published by Globe Business Media Group - IP Division. To view the issue in full, please go to www.iam-media.com.