Multinational Patent Acquisition and Enforcement: Public Policy Challenges and Opportunities for Innovative Firms (CRS Report for Congress)
Premium Purchase PDF for $24.95 (42 pages)
add to cart or
subscribe for unlimited access
Pro Premium subscribers have free access to our full library of CRS reports.
Subscribe today, or
request a demo to learn more.
| Release Date |
Aug. 31, 2001 |
| Report Number |
RL31132 |
| Report Type |
Report |
| Authors |
John R. Thomas, Resources, Science, and Industry Division |
| Source Agency |
Congressional Research Service |
Summary:
Globalization and technology have been viewed as increasingly prominent influences upon the
U.S.
economy. This perception has led to renewed attention towards the pragmatic aspects and policies
of multinational patent acquisition and enforcement. Patent protection has long been understood to
be a fundamental mechanism for encouraging the pursuit of technological knowledge, particularly
for entrepreneurs and small, innovative firms. Recent trends reveal that U.S. industry has come to
rely more heavily upon the world's patent systems, as compared to other intellectual property
alternatives such as trade secrecy.
Although patent protection in a single jurisdiction is often ineffective to protect the interests
of inventors, no true global patent system exists. If inventors desire intellectual property protection
in a particular country, they must specifically procure a patent within that jurisdiction. Patent rights
do not arise automatically. Instead, inventors must submit applications to a national or regional
patent office. Patent examiners then assess whether the application fully discloses and distinctly
claims a new and nonobvious invention. If allowed to issue, a granted patent provides its proprietor
with the right to exclude others from making, using or selling the patented invention. Patent rights
are not self-enforcing, however, and those patent owners who wish to compel others to observe their
intellectual property rights usually must commence civil litigation.
The patent systems of the United States and its trading partners are linked through a handful
of international agreements that, together, comprise the international patent regime. The oldest of
these treaties, the Paris Convention, established an international priority system that facilitates the
filing of patent applications in many jurisdictions. The Patent Cooperation Treaty built upon the
Paris Convention by establishing a further procedural framework for expediting multinational patent
acquisition. Finally, the World Trade Organization Agreement on Trade-Related Aspects of
Intellectual Property Rights, the so-called TRIPS Agreement, in part required all of its signatories
to provide for minimum substantive standards of patent protection and enforcement.
Acquiring and enforcing patent rights around the world is often a complex and expensive task.
Entrepreneurs must additionally deal with considerable delays, difficulties in obtaining professional
representation, differences in national patent laws, inconsistent results and the particular problems
of the developing world. Should Congress decide to address this issue, legislative options for
addressing the multinational patent system include offering financial support to inventors, assessing
the impact of legal harmonization, reviewing patent office worksharing initiatives, providing
technical assistance for foreign patent officials, and considering the propriety of an international
agreement pertaining to patent enforcement.
