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Rethinking the role of the patent office from the perspective of responsive regulation

Drahos, Peter

Description

Patent offices, especially the world�s largest patent offices, contribute to uncertainty. In 2011 almost 1 million patents were granted around the world, bringing the total number of patents in force to an estimated 7.88 million. The hundreds of thousands of patents that are issued by patent offices every year produce a state of flux in the obligations of third parties in the marketplace. Each new patent generates exclusivity rights and corresponding obligations. Trade in these patents through...[Show more]

dc.contributor.authorDrahos, Peter
dc.contributor.editorFrederick M. Abbott
dc.contributor.editorCarlos M. Correa
dc.contributor.editorPeter Drahos
dc.date.accessioned2015-12-07T22:39:12Z
dc.identifier.isbn9781783471256
dc.identifier.urihttp://hdl.handle.net/1885/23760
dc.description.abstractPatent offices, especially the world�s largest patent offices, contribute to uncertainty. In 2011 almost 1 million patents were granted around the world, bringing the total number of patents in force to an estimated 7.88 million. The hundreds of thousands of patents that are issued by patent offices every year produce a state of flux in the obligations of third parties in the marketplace. Each new patent generates exclusivity rights and corresponding obligations. Trade in these patents through assignment and licensing intensifies the flux. This flux generates uncertainty. The uncertainty has two basic sources. A company making product X cannot be sure that it has found all the patents relevant to product X in all the jurisdictions in which it is operating (completeness uncertainty) and, where it has found relevant patents, there are likely to be, at least for some patents, interpretive uncertainties � what does the patent cover and what does it not? Would the patent be upheld by a court? It is not only granted patents that are a source of uncertainty. Published patent applications also contribute (more than 2 million applications were filed worldwide in 2011).
dc.publisherEdward Elgar Publishing
dc.relation.ispartofEmerging Markets and the World Patent Order
dc.relation.isversionof1st Edition
dc.source.urihttp://www.e-elgar.co.uk/bookentry_main.lasso?id=15610
dc.titleRethinking the role of the patent office from the perspective of responsive regulation
dc.typeBook chapter
local.description.notesImported from ARIES
dc.date.issued2013
local.identifier.absfor180115 - Intellectual Property Law
local.identifier.ariespublicationU5289311xPUB28
local.type.statusPublished Version
local.contributor.affiliationDrahos, Peter, College of Asia and the Pacific, ANU
local.description.embargo2037-12-31
local.bibliographicCitation.startpage78
local.bibliographicCitation.lastpage99
local.identifier.doi10.4337/9781783471256.00012
local.identifier.absseo940304 - International Political Economy (excl. International Trade)
dc.date.updated2020-11-22T07:43:24Z
local.bibliographicCitation.placeofpublicationCheltenham, UK and Northampton, MA, USA
CollectionsANU Research Publications

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