Assessment of the Patent Quality in Europe

by

TABLE OF CONTENTS

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 perspectives6

Major Current Issues-288

CHAPTER 3: METHODOLOGY11

Research Methods11

Data Collection12

Secondary Method12

Primary Data13

Sampling13

Participants14

Ethical Consideration14

BIBLIOGRAPHY15

CHAPTER 1: INTRODUCTION

Research Background

Sine the increase in the number of patent applications across the globe and the extensions of patenting to different regions, specifically to the area of medicine, there is a debate triggered on patent quality and its assessment. This has further triggered a series of judicial, legislative, and administrative actions strengthening the economic vale of European patents and extending their reach. In an environment of greater regards to the rights of the patent-holder, there has been rising concern related to the patent quality. As perceived by the users of the system, the patent quality concept requires expansion which should include additional factors that are related to the costs of patenting, the easiness of managing the granted rights and timeliness. According to this point of view, Reitzig has defined the concept of patent quality as an optimisation process which helps in balancing three distinctive dimensions: 1) the incurred costs; 2) the timeliness of the provided service; and 3) the performance and quality of the product that is presented to the final consumer. While patent quality might have different dimensions, this paper will examine the assessment of patent quality in Europe. Furthermore, this paper will try to evaluate and study the patent quality system developed and that is operating in Europe.

Research Aim and Objective

The aim of the research is to assess the patent quality in Europe. For achieving this aim, the research has developed following objectives:

To analyse the importance of patent system

To identify the problems arising in proper performance of patent quality systems

To assess the patent quality system

Research Questions

Research will based on following research questions:

Why patent quality system is important?

What are the problems arising with respect to patent quality systems?

How the European patent quality system works?

What are the problems that are associated with the assessment of patent quality system?

CHAPTER 2: LITERATURE REVIEW

Evolution of Patent Law and Strategy

The first successful patent challenge outcome occurred in 2000 when the Court of Appeals vacated a lower court decision upholding several of Eli Lilly's patents listed under Prozac. The Barr challenge was initially filed in 1996. Several factors contributed to the sixteen year gap between the advent of the Hatch-Waxman Act and the first successful challenge. First, settlements where the innovator firm simply paid generic firms not to enter the market were common. Second, prior to 2003 there existed wider scope for originator strategic abuse of Orange Book patents. Originator firms often used late-listed patents to create "stacked" 30-month stays which blocked generic approval indefinitely.

Patent law has many complex processes. According to a study, patent law is a complicated area of the law due to the intricacies of most of the scientific and engineering achievements it protects and there are many types of patents to cover the multitude of discoveries for which ...