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
Copyright in the digital environment: the DSM strategy and the challenges ahead
This paper seeks to identify some shared views and provide a useful benchmark for policy making on the topic of the digital transformation and the EU legal framework for copyright and related issues.
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Categories: IP Enforcement, Digital Single Market
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.