Considerations for researching current and emerging issues in the patent market
March 2016
1. Introduction
Much attention has been devoted to what might be broadly called the “patent market” and how it is performing. Some have opined that the patent system is “chaotic” and “not fit for purpose,” and therefore in need of great reform. Others have gone further to claim that the patent system undermines innovation and should be dismantled. Others have pointed to the unprecedented technology advances, notably relating patented technology, that are now occurring with increasing rapidity. In connection with all of these positions, many trends have been identified, along with numerous theories and solutions that should be pursued.
Emerging from this discussion the following is clear: Europe needs to foster a risk and innovation culture in order to deliver dynamic benefits to the European economy. To facilitate this innovation dynamic, including investment and invention incentives inherent in the patent system, it is critical to have a proper understanding of the issues at stake and, if there are problems, that these be accurately defined and proportionately addressed. Caution must be taken to avoid imposing policy choices that will undermine incentive to invest, to invent or to share technology.
