Assessment of Patent Quality in Europe

by

ACKNOWLEDGEMENT

I would take this opportunity to thank my research supervisor, family and friends for their support and guidance without which this research would not have been possible.

DECLARATION

I, [type your full first names and surname here], declare that the contents of this dissertation/thesis represent my own unaided work, and that the dissertation/thesis has not previously been submitted for academic examination towards any qualification. Furthermore, it represents my own opinions and not necessarily those of the University.

Signed __________________ Date _________________

ABSTRACT

The aim of the research is to assess the patent quality in Europe. This research explores the concept of patents and patent quality. It also discusses the patent quality and its challenges in pharmaceutical industry. It, further, describes the role of European Union in the development of Patent systems in Europe. Patent law thus belongs to a peculiar breed of law that routinely has to deal with new and changing subject matter. Although enactments in all legal areas are intended for future cases - indeed, the possibility for any retroactive legislation is universally restricted to rare instances - only patent law is intended to change the status of its subject matter for each and every decision. From the moment a technical product or process has been deemed patentable, it will never be so again. The product or process will, on the other hand, enter the universe of knowledge called the 'prior art', meaning, the yardstick on which patentability of future applications are determined. A number of contributions made recently have clearly identified and indicated a set of critical and crucial features of the European Patent system that may be offsetting the quality of issues patents that is perceived solely on the integrity and credibility of the evaluation and issuing procedure carried out by European international and national granting authorities. This is unlike price differentials in other sectors which are the result of market forces, and has brought about the issue of parallel trade. The Commission has viewed distortions as barriers to establishing a single pharmaceutical market and has tried different strategies to address the issues. Through questionnaire survey, the researcher has identified people's opinion with respect to issues and benefits of patents system in Europe.

TABLE OF CONTENTS

ACKNOWLEDGEMENTII

DECLARATIONIII

ABSTRACTIV

CHAPTER 1: INTRODUCTION1

Research Background1

Research Aim and Objective1

Research Questions2

CHAPTER 2: LITERATURE REVIEW3

Evolution of Patent Law and Strategy3

Patent History4

Patent Concept5

Concept of Patent Quality according to different perspectives7

Major Current Issues-2811

Patent Renewal Data and the Value of Patent Rights12

Patent Quality and its characteristics- Perspective of European Patent System15

Patents in Pharmaceuticals16

The Single Pharmaceutical Market18

Regulation of Pharmaceutical Firms in European Union21

The Patent Enforcement System in Europe22

Intellectual Property Protection24

Patent Strategy Domains26

Measuring Invention - Patent and Patent Citation Analysis27

CHAPTER 3: METHODOLOGY29

Research Methods29

Data Collection30

Secondary Method30

Primary Data31

Justification for Chosen Method31

Research philosophy and Approach32

Research strategy34

Sampling34

Participants35

Ethical Consideration35

Informed Consent37

Confidentiality37

Validity37

Reliability39

CHAPTER 4: FINDINGS AND ANALYSIS42

Results of the Survey42

Importance of Patent systems54

Assessment of the European Patent Quality and System56

Problems arising in Patent system of Europe56

CHAPTER 5: CONCLUSION58

BIBLIOGRAPHY61

APPENDIX67

CHAPTER 1: INTRODUCTION

Research Background

Since the increase in the number of patent applications across the globe and the extensions of patenting to different ...