Under TRIPs the uniform Patent Term is 20 years. This period of protection is uniform for all inventions, be it a breakthrough invention (NCE/ NME's or disruptive technologies) or minor improvements or even frivolous inventions, (for which patents are granted). Should "Patent Life" be limited to the innovation content or degree of Novelty and Inventiveness? Most Patents for simple improvements loose their usefulness or become redundant/ obselete sooner than 20years. On the other hand, the regulatory approval period for new drug inventions are getting longer and tougher.
In this context a major objection is whether Patent Office (Controller or Examiner) is competent to decided on the Innovation Content or Patent Term. When the Patent Office is competent to decide on Novelty/ Inventiveness / Utility, they should be also be knowledgeable enough to decide on the degree of novelty and inventiveness on a scale of 0 to 100. The decision could still be appealable.
Ofcourse, it is admitted that presently this proposal is only of academic interest. However, this can be included in the agenda for the impending "Patent Review" in TRIPs Council.
2 comments:
Dear friends,
Please offer your comments and suggestions for or against freely.
Any alternate model may also be proposed.
You write very well.
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