What Are The Problems Of Patent Laws In International Business?

The increasing use of patents to protect invention and scientific research has contributed to enhancing its significant role in innovation and hence, in the whole economic performance.

The witnessed development in the performance of science, and technology especially communication technologies and biotechnology has created a renovation wave, that create an essential need for interactions among global networks in the public and private sectors.

This new wave contributed to the expansion of patentable matters and a shift in the legal framework of patents, this shift resulted in the appearance of problems of patent law in international business due to the variety of registration requirements in the legal and regulatory framework.

Let’s dig deeper into the problems of patent law in international business but first, let’s first highlight to what extent have changes in patent regimes been beneficial to innovation and technology diffusion.

Patents In International Business

Changes over the last two decades in OECD (Organisation for Economic Co-operation and Development ) countries have fostered enforcement of patents with the aim of encouraging investment in the creation and innovation. Although, lots of systemic and economic evolution have been carried out and lots still remain. Let’s highlight some unresolved issues that policymakers should address in the near future:

Technology markets are expanding at a light speed and patents play a significant and vital role in their development so lawmakers need to enhance their knowledge in such markets and evaluate its true impact on the economic performance, so they can support and enhance this development.
Patenting also has been encouraged by public research organisations leading to a huge increase in public-funded research commercialisation, but has also increased the difficulty of access to certain types of basic science, so related entities should ensure access to these basic inventions through monitoring of patent registration at registration offices.
Biotechnology is one of the surges in innovation, that has gained a remarkable advantage from patent protection, which turned the heads of investors to this sector. In Genetic testing and genetic material, patents are considered one of the hindrances, so patent protection in such areas needs to be reviewed.
Software is considered one of the new patentable matters of different extents across countries. Thanks to globalization, the world has become in severe need of the circulation of knowledge. A systemic evaluation of patents’ impact considering software innovation and diffusion and open-source software is sorely needed.

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Problems Of Patent Laws In International Business

Locking invention with term limits:

The patent protection period is up to 20 years, so if someone is looking to develop a certain invention he will have to wait these 2o years, so competitors can’t proceed in his development. Which affects the consumer as well.

Complicated patent requirements:

Legislators have designed patent laws, that inventors cant build on other invention until their work meet up with requirements which in fact difficult to meet for many people and many people who find it more profitable to take advantage of some unethical ways.

Variety of international legal frameworks:

There are no international standards or legal framework for patents each country has its own rules and policies.

Unclear definitions of unique work:

The laws consider that the creative work is an intellectual property that you can protect but it’s not allowed to build on prior work if your artwork is not totally new. However, standards and scales that define whether your work is new or not, are not completely clear.

Bloated litigation in some countries:

People who know how to game the system can make use of this in infringement and fraud cases, which in return will tie up inventors and limit their creative progress, and to overcome these, inventors have to pay much in licensing fees.

Using Patent protection to build monopoly:

A patent is one of the intangible assets owned by its owner, used to protect research and ideas from infringement, attract new investors, and monetise these assets in case of need. Some others use patent protection just to stop others from proceeding with their scientific research and developing competitive products.

Perocratism:

Perocratism is one of the most common problems of patents in international business. investors need to fill more applications than ever before, which makes the processing time so long and so many applications in the queue. An application may be rejected due to infringement of a concept that inventors might never know about.

patent trolls:

One of the well-known tricks that patent trolls make is a random purchase for general inventions and use it later against their owner and claim that they infringe their patent, in many cases, companies find it easier to pay royalties to those patent trolls rather than suing them, to save time and effort. As a result, patent trolls contributed to the largest part of problems of patent law in international business and this trick is still used now and no one is able to stop it.

All of those patent problems might force inventors to stop their progression or pay royalties so they could continue. Also, a solution must be found so no invention is pulled from the shelves just because its owner can’t comply with patent laws and requirements.

After we have highlighted the problems of patent laws in international business, it is our turn to highlight solutions that individuals and entities can seek to overcome these problems.

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Solutions to problems of patent law in international business

Patent laws are dynamic and change from one country to another, which has led to only partial solutions. However, legislators will keep searching for a clear and effective solution, that allows innovation to flourish. Some of these solutions are:

Legislators are searching for effective ways to deter patent trolls.
Making up an international legal framework for patents.
Courts are searching for new ways to determine appropriate licensing fees.
Introducing more appropriate and differentiated approach regimes to protect the patents.
Hiring a patent attorney who will help you perform an infringement search and check for your invention’s patentability, so as an inventor you can make sure that your invention doesn’t infringe any other existing patent.

As a response to this serious overhaul, congress has passed the Leahy-Smith America Invents Act, which is one of the biggest achievements in the patent system in the US.

Baianat IP’s contribution to solving problems of patent law

If you seek to find an intellectual property agency to give you a hand with your patent problems, Baianat IP will be one of your best ways, with a successful and rich history in intellectual property and more than 7000 cases won, over more than 17 countries all over the world and selected legal network of attorneys and legal consultants in the intellectual property field.

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