The unacknowledged uncertainty of biopatenting; a case study of the AquaBounty patent in the European patent system
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Using the patent estimating model of Scankerman and Ariel Pakes, this paper estimates and analyzes the value of Chinese patent rights, and compares between the value of patent rights in European countries and that in China. The conclusion is drawn that it is more meaningful for the patent system of one country to lay stress on the patent value than on the patent quantity.
Value (mathematics)
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European patent office
Patent troll
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With the development of globalization of economy and the internationalization of patenting activity,the number of patent families formed through the Patent Cooperation Treaty(PCT) system and the patent system is increasing.After discriminating the two typical traditional definitions of patent family,this paper proposes that it should mainly refer to patent portfolio of patent applications or grants relating to the same invention in multiple countries or regions,which is often based on the priority\\PCT regional patent applications.This paper analyzes the ways and strategies to obtain patent family by comprehensive utilization of various international patent systems.The basis and structure of these patent families are also analyzed.
Patent portfolio
Patent Analysis
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Europe is one of the regions having the fastest development of patent system unification and highest level of patent system coordination in the world. European Union is going to establish the Community Patent in the way of community regulation based on the effective national patent and European Patent and reached the final policy decision preparation stage of council at present. In order to understand the mechanism and gradual course of the harmonization of the patent system in Europe, it analyzes comparably the European Patent and the Community Patent,and explicates the complicated relation of both through reviewing the historical evelopment of the coordination of the regional patent system in Europe.
Harmonization
Unification
European community
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As obtaining the patent protection for one invention in more than one country has confronted many difficulties at present, some developed countries advocate the Global Patent System, which comprises global patent bureau, unified global patent law and unified global patent court. Under this system, to obtain unified global patent for one invention involves only one application, one examination and one granting. The Global Patent System can be established step by step, under the leadership of the WIPO or the combination of US, the European Union and Japan. Once the system is established and carried out, it will undoubtedly have deeply impacts on many aspects of China involved in patent protection,scientific and technical innovation and economic development.
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The development of patent undertaking in China has kept booming since "patent law" put into enforcement 20 years ago. So it is particularly important to pay attention to the patent actual effect, improve the patent quality and value. The paper regards the revision year of "patent law" as the boundary to click, does substantial longitudinal and parallel research focusing on the situation of patents development in China and the gap between China and developed countries. Vertically, following different steps of patent development in China, the paper chooses the quantity, quality and value of patent as three measuring indexes to measure the situation of patent undertaking in China. These indexes consist of the quantity of patent applications, the quantity of patent granted, the ratio of patent granted, the total amount of invention patent survival and the survival time of patent, etc. The power of the patent strength can be weighed according to the weighted sum of every index. In parallel orientation, on one side, this paper does comparison research with different targets in the same period to find out the gap between China and other countries, such as U.S.A, a bellwether in patent development, and Korea, a booming Asian country. On the other side, this paper compares the internal composition with the external composition of patent of China in order to understand the patent strength of native enterprises and overseas enterprises. The finding of this paper reveals that the quantity of patent in China is comparable to those powerful countries such as U.S.A and Japan, but looking from the quality and value of patent, there is still a great disparity between China and developed countries. This thesis has also analyzed the reasons behind the situation. These reasons include insufficient consciousness toward intellectual property protection and weak independent innovation capability which result in the shortage of independent innovation achievements. Finally, this paper has also proposed some practical and reasonable solutions tackling these problems
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Patent troll
Patent office
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With the expansion of patent protection,uncertainty of patent has drawn more and more attention of scholars.The analysis of various economic influences brought about by uncertainty and possible direction of patent restructuring can offer feasible advice for the reform of future patent system.
Altar
Certainty
Restructuring
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