OPINION: Tackling the Proliferation of Patents to Avoid Limitations to Competition

In this column, Carlos Correa, the South Centre's special adviser on trade and intellectual property issues, argues that the global increase in number of patents does not indicate the strength of innovation but a weakening in the standards of what can be considered patentable. He calls for an intrinsically balanced system of protection of innovation that remains neutral in its effects on competition.By Carlos M. CorreaGENEVA, Sep 29 2014 (IPS)The steady increase in patent applications and grants that is taking place in developed and some developing countries (notably in China) is sometimes hailed as evidence of the strength of global innovation and of the role of the patent system in encouraging it. Carlos M. CorreaHowever, such an increase does not correspond to a genuine rise in innovation. It points instead to a major deviation of the patent system away from its intended objective: to reward those who contribute to technological progress by creating new and inventive products and processes.The increase in the number of patents reflects, to a large extent, the low requirements of patentability applied by patent offices and courts. Patents granted despite the absence of a genuine invention detract knowledge from the public domain and can unduly restrain legitimate competition.Low standards of patentability encourage a large number of applications that would not otherwise be made, leading to a world backlog estimated at over 10 million unexaminedpatents.This problem affects ...
Source: IPS Inter Press Service - Health - Category: Global & Universal Authors: Tags: Economy & Trade Global Headlines Health Natural Resources TerraViva United Nations Agreement on Trade-related Aspects of Intellectual Property Rights (TRIPS) Argentina China Chinese Patent Office clean energy competition developed Source Type: news