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"The Future of IP Series": Intellectual Property Institute
"The Future of IP Series": Intellectual Property Institute
Intellectual Property
Institute
1/
IPI Seminar/
October 29, 2009
Is the Patent System Under Attack?
Pressures on the Patent System
Backlogs at the Major Offices
Public Outcry of Poor Quality Patents
Competing Systems for Driving Innovation
Backlash Against the IP System
Developing Economies
Global Challenges, e.g., Health, Climate Change. . .
2/
IPI Seminar/
October 29, 2009
Challenges at the EPO & USPTO
Increasing Backlog. . . Can they get ahead of it?
This is a Global Problem (not just EPO & USPTO)
- Can’t necessarily hire their way out of it
- Filings may decrease, but not permanently
- Decreasing allowance rates compound the problem
Possible Solutions
- Increase the fees? - Deferred examination?
- Restrict continuations? - Work-Shifting to Users?
1. 2. 3.
Position “the Point to
problem” in the Intellectual Demand free
context of a global Property as a access to IP
Challenge “Barrier”
The Challenge
Developing countries seek to compel non-commercial transfer of clean tech.
in return for their post-Kyoto commitments (Copenhagen, 2009)
Experts estimate $’s trillions investment needed to achieve low carbon future
– this requires significant innovation driven by both private & Gov. investment
A post-Kyoto framework must involve commitments from all countries
without shutting down innovation and growth
9/
IPI Seminar/
October 29, 2009
G77 Green Tech Transfer Proposal
The G77 developing countries are aggressively fighting for
compulsory licensing of green technologies in exchange for
climate change commitments.
Other studies have found that accelerated technology development offers the
potential to dramatically reduce the costs of stabilization, with advanced
technology scenarios reducing the cumulative costs of stabilization by 50%
or more, yielding economic benefits of hundreds of billions to trillions of
dollars globally.
Innovation is a Critical
To Curing Climate Change 11 /
IPI Seminar/
October 29, 2009
Estimated 100-Year Potential
Cost Reductions
Comparative analysis of estimated cumulative costs over the 21st century of
GHG mitigation, with and without advanced technology, across a range of
hypothesized GHG emissions constraints.
12 /
IPI Seminar/
October 29, 2009
What Can We Do About it
Recognize the threat is real & growing
• The Anti-IP community has mobilized
RECOGNIZE
• Developing countries have joined forces with them
THE THREAT
• The desire to “get a deal” on climate change could trump
the need to preserve strong IP protection
Larsen/Kirk Amendment 14 /