While macroeconomic and mesoeconomic analyses will be proper research tools, this will not be the case with juxtaposing business entities of different sizes operating in the same branch or sector. This is so because the possibilities of acquiring and maintaining the patent monopoly by large business entities are very much different from those available to small and medium enterprises. Secondly, one should remember about the differences in patent procedures characteristic for particular cultures or legal systems. They constitute an important qualitative factor influencing the number of patent applications and eventually awarded patent rights.
Thirdly, it needs to be emphasised that a considerable percentage of both patent applications and patent awards does not translate into any factual increase in the productivity of production factors. Hence, thorough analyses need to take into consideration such criteria as the number of citations of a particular patent description in other patent descriptions, information on granted licences, and information on changes concerning the patentee.
The first criterion allows one to determine the value of a particular patent, while the other two, the factual utilisation of new solutions in production processes. The decisive majority of national patent systems do not collect information of this category or the content of patent descriptions is not attractive enough to be cited, and technical solutions themselves are not interesting enough for their property rights to be licensed.
Fourthly, analyses of the efficiency of national or regional patent systems or the effectiveness of entities submitting patent applications need to take into account time shifts. It is methodologically incorrect to conduct an evaluation within the range of the same year patent applications vs. Also, a simple juxtaposition of the time series of patent applications and patent awards does not result in any analytical content. Fifthly, taking into consideration technological and economic criteria, patent awards are more valuable than patent applications. Therefore, the results on research on the distribution of the former are more relevant.
Sixthly, many stages of processing patent descriptions within a long patent procedure generate risks of the following types of errors: spelling errors errors in the spelling of business names of applicants, names of inventors, etc. The recent years have witnessed serious reflection on the factual and potential opportunities related to the use of patent statistics in measuring other processes.
In these aspects, patent information becomes a relatively good reflection of the aforementioned development structures.
Economic Analyses of the European Patent System
This is just one of the many examples of the worldwide tendency in the field of patent protection. Consequently, there appear huge collections of data and information. Almost all such publicly accessible collections are adjusted mainly to the requirements of patent clearance analyses. It is frequently impossible to conduct any quantitative analyses based on such databases. Attempts to bridge this gap are made by commercial providers of databases and analytical applications. Nevertheless, it is necessary to indicate basic information shortcomings characteristic for public registers which are used by commercial providers.
Their elimination could improve significantly the quality of research based on the use of patent information. There are not only considerable risks but also potential benefits related to research based on patent metadata into the following topics: 1 the identification of the strength of synergy in the case of mergers and acquisitions, 2 cooperation networks and the diffusion of knowledge among business entities from different sectors, 3 the degree of globalisation of business activities, research teams, the development and dynamics of team structures, and the spatial mobility of scientific and industrial inventors, 4 economic forecasting, 5 the diffusion of technologies based on the use of licence information included in databases , and 6 the industrial property secondary trading market.
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Downloaded: Abstract The issues discussed in this chapter constitute a voice in a methodological discussion on the scope and manners of the utilisation of patent statistics in economic research. Keywords patent data patent information patent statistics patent statistics as economic indicators. Introduction A patent is an exclusive right to use a new solution of a technical nature; it is considered as one of the strongest rights of intellectual property. Patent A patent is a personal property right which is effective towards all, transferable, and inheritable.
Patent databases The main source of patent information is publicly available patent documentation application descriptions, patent descriptions of inventions which contains, first of all, information on the current state of the art in a given field. The author has identified the following selected barriers against access to complete collections of patent data: national patent offices do not provide functionalities and tools allowing one to acquire metadata automatically and in bulk, public digital repositories of collected patent documentation have a relatively simple and functionally limited architecture, reports drawn up by national and regional patent organisations and delivered to statistical offices are general and superficial; their subsequent visibility in public statistics statistical offices does not allow any serious research, and commercial distributors try to overcome the aforementioned limitations; their acquisition of patent information is not only professional and functional but also expensive to the end user.
In the case of research on innovation conducted at the microeconomic, mesoeconomic, and macroeconomic levels, patent databases allow one to describe the following features of innovative activity: the novelty level of products resulting from conducted research and development activities, the types of innovations under development and technological competences, the sources of innovations, and the dissemination of knowledge and technology.
Comments on the methodology of using patent statistics A patent application is an economic event, one of the many stages in the innovation development process, frequently the crowning point of research and development activities. Conclusions The recent years have witnessed serious reflection on the factual and potential opportunities related to the use of patent statistics in measuring other processes.
Notes The issues discussed in this chapter were taken also in R. The book is available in Polish only. There exist two basic models of providing access to digital objects records in IT systems. The first researchers to discover these potential possibilities and to determine the direction of further research were Scherer and Schmookler Following the appearance of new technological possibilities electronic data collections , Griliches , , Griliches, Pakes, and Hall started the empirical verification of their usefulness.
Schankerman and Pakes were the first to work with data coming from European countries.
A company may have at its disposal a few alternative organisational techniques and processes related to product manufacturing, which may differ from one another in small details concerning the organisation and engagement of the production factors. A set of all available organisational techniques and processes related to the manufacture of final products is referred to as production technology. It is a technology specific for a particular company.
A collection of all specific technologies constitutes the technology of a branch. Zvi Griliches, In , the first conference of the science ministers of the countries belonging to the OECD was held. This was the beginning of the multidirectional development of statistics in the area of science, technology, and innovation S-T-I. Analysing the evolution of the S-T-I methodological approaches, one can easily notice functional changes in this category of public statistics.
In the s, statistics concerning science, technology, and innovation entered the period of rapid changes. The years were — It means fragmentation, it means 25 different systems competing in one way or the other,? The Commission had proposed the directive three years ago in an attempt to harmonise the Union's different national approaches to patenting inventions that rely on software. Brussels' intention was to simply codify the existing practice of national patent offices and the European Patent Office in Munich, which has been particularly generous in granting patents for software-related inventions.
However, the directive quickly fell hostage to the furious debate over whether inventions that rely on software - let alone pure software such as Microsoft's Windows operating system - should be patentable at all. Many members of the European Parliament felt that the directive should endorse a restrictive approach to patents, while others were swayed by the arguments of big technology groups which insisted that patents were good for innovation and competitiveness. Unable to find a balance between these two views, MEPs on Wednesday voted by to 14 to reject the directive altogether.
Josep Borrell, president of the parliament, said the rejection was the most decisive majority vote in the history of the chamber. Lawyers said the move would have little impact on companies seeking patent protection for their inventions, though they added the EU had missed an opportunity to impose a common framework across the 25 member states. Julian Potter, a patent attorney and partner at Mintz Levin in London, said:? Patents for software have been granted in Europe for decades. The European Patent Office alone has granted over 30, patents in this area.
That can now continue and the important message today is that patents are still available for software.? Rudy Provoost, the chief executive of Philips Consumer Electronics, said:? This result means that our innovation and world-leading products will continue to benefit from patents in the face of growing competition from China and elsewhere.? A spokesman for Ericsson, the Swedish technology group, said:? The rejection of the directive means nothing will change. We will still apply for patents the same way we have done previously.? The alternative — hiring an expert abroad — will be cost-prohibitive for many inventors.
Ultimately, many will forgo protection altogether. Authorities should also consider whether a wider set of professionals should be permitted to practice before their patent offices.phivault.com/974-how-to.php
Giving Teeth to European Patent Reform: Overcoming Recent Legal Challenges
In most developing countries, only attorneys can practice before the patent office. Yet few attorneys in these countries also have the technical skills necessary to craft patent applications. On the other hand, allowing professionals without a legal background to create and advocate complex documents having significant legal implications, such as is the case with patent applications, may raise other concerns for patent offices.
Patent office staffing levels and the volume of applications require structured communications to run efficiently. Balancing all of the above constraints, some countries require those seeking to practice before the patent office to demonstrate legal proficiency through an exam.
While there are no easy solutions, a focus on developing a cadre of skilled local patent practitioners is critical to building national patent capacity. Few enterprises operate in a single country. Yet patents only provide rights in a specific country. If business plans will take inventors to other markets to sell, partner, or manufacture, then securing protection abroad is essential.
But this added protection comes with a hefty price tag.
IP Policy for Innovation and Competition
Add in the expense of hiring professional help to navigate the patent system, and the amount is likely out of reach. Few inventors in developing countries can self-finance this level of investment. The above figures reflect existing discounts available to inventors in developing countries.
However, outside of LDCs, these discounts are only available to individuals and not to the small businesses which may be best positioned to implement the technology. However, a growing number of countries including the US , aware of the important function these enterprises serve to grow their economies, are now offering discounts to small entities. If we want to unleash the benefits of global participation in innovation, we need concrete action.
Patent offices should consider reducing or waiving fees for developing country inventors, for both individuals and enterprises.