“The Future of IP Series”. Intellectual Property Institute October 29, 2009. Is the Patent System Under Attack?. Pressures on the Patent System. Backlogs at the Major Offices Public Outcry of Poor Quality Patents Competing Systems for Driving Innovation Backlash Against the IP System
October 29, 2009
Pressures on the Patent System
- Can’t necessarily hire their way out of it
Full Faith & Credit
Must be our Ultimate Goal
Public Cry of Poor Quality Patents
There Aren’t Any Problems
We Can’t Fix Together
Open Innovation. . . Connect & Develop
The IP System is Still
The Best Driver of Innovation
1. Damages 5. Post Grant Review
2. Inequitable Conduct 6. Applicant Quality Submission
3. Interlocutory Appeals 7. First-to File
4. Venue 8. Misc. (Best Mode, Fee Diversion, etc.)
What Does the Evidence Say?
We Can Not Afford to Take
The Patent System for Granted
The anti-IP activists see green technology as a new opportunity to exploit their Anti-IP Playbook; namely. .
Position “the problem” in the context of a global Challenge
Point to Intellectual Property as a “Barrier”
Demand free access to IP
AIDS, famine, climate change, etc.
Drugs, seeds, fuel cells
Make good on human rights commitments
Parties “shall take all practical steps to promote, facilitate and finance, as appropriate, the transfer of, or access to, environmentally sound technologiesand know-how to other Parties, particularly developing country Parties…the developed country Parties shall support the development and enhancement of endogenous capacities and technologies of developing country Parties…”
The G77 developing countries are aggressively fighting for compulsory licensing of green technologies in exchange for climate change commitments.
Technology Transfer Mechanism
From G-77 and China Proposal
Do We Need More Clean Innovation?
One study finds that if we were limited to technologies available in 2005, the present value cost of achieving stabilization at 550 ppm CO2 would be over $20 trillion greater than with expected developments in energy efficiency, hydrogen energy technologies, advanced bio-energy, and wind and solar technologies (Edmonds 2007).
Other studies have found that accelerated technology development offers the potential to dramatically reduce the costs of stabilization, with advanced technology scenarios reducing the cumulative costs of stabilization by 50% or more, yielding economic benefits of hundreds of billions to trillions of dollars globally.
Innovation is a Critical
To Curing Climate Change
Comparative analysis of estimated cumulative costs over the 21st century of GHG mitigation, with and without advanced technology, across a range of hypothesized GHG emissions constraints.
RECOGNIZE THE THREAT
ACKNOWLEDGE THE IMPACT
The potential impact from compulsory licensing of green technology will be sweeping & broad based
MOBILIZE AGAINST THE ANTI-IP
IP Amendment in Foreign Affairs Bill