Patent policy principles for the Trans Pacific Partnership Agreement

Abstract

A balanced patent system is designed to encourage those inventions which would not otherwise occur and where the social benefits exceed the social costs. "Strong" IP means strong barriers to competition. The goal should be minimal disruption of competition consistent with achieving the policy goals. That is, patent policy must be consistent with Article 5 of the Competition Principles Agreement. This can be achieved with a patent system with the following elements: * A clear objectives statement that focuses on the economic goals; * Limitation to technology (to proxy large lumpy development costs); * A requirement for a significant contribution of new knowledge (inventive step); * Presumptions in favour of the public interest, with the onus resting on the applicant to demonstrate the benefit which would justify a patent grant; * Improvements to remove complexity and strategic games playing – reducing the extent to which patent policy goals are undermined by rights-holders; * Infringement penalties aligned with patent policy goals; * Simple procedures for the recovery of all profits where patents are found invalid; and * General oversight, audit and evaluation provisions, including collection of data that will assist in evaluating patent policy. Show more