Second Tier Patent Protection

Harvard International Law Journal

Volumn 40, Issue 1, 1999, Pages

  Janis, Mark D ^a  

^a NONE

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EID: 0043264122     PISSN: 00178063     EISSN: None     Source Type: Journal    
DOI: None     Document Type: Article

References (11)

1. I will adopt the European convention of referring to "SMEs" (small and medium-sized enterprises), by which to refer to small-sized technology enterprises and independent inventors.
2. See infra Part II.A for some examples.
3. See, e.g., Michael N. Meller, Planning for a Global Patent System, 80 J. PAT. & TRADEMARK. OFF. SOC'Y 379, 380 (1998) (identifying the cost of worldwide patent coverage as an "overwhelming" problem for patent applicants); Erwin E Berrier, Global Patent Costs Must be Reduced, 36 IDEA 473 (1996); see also Promoting Innovation Through Patents: Green Paper on the Community Patent and the Patent System in Europe, Doc. COM(97)314 final § 5.2, at 22-24 (June 1997) (referring to the high cost of acquiring patent protection in Europe).
4. See, e.g., Michael N. Meller, Planning for a Global Patent System, 80 J. PAT. & TRADEMARK. OFF. SOC'Y 379, 380 (1998) (identifying the cost of worldwide patent coverage as an "overwhelming" problem for patent applicants); Erwin E Berrier, Global Patent Costs Must be Reduced, 36 IDEA 473 (1996); see also Promoting Innovation Through Patents: Green Paper on the Community Patent and the Patent System in Europe, Doc. COM(97)314 final § 5.2, at 22-24 (June 1997) (referring to the high cost of acquiring patent protection in Europe).
5. See, e.g., Michael N. Meller, Planning for a Global Patent System, 80 J. PAT. & TRADEMARK. OFF. SOC'Y 379, 380 (1998) (identifying the cost of worldwide patent coverage as an "overwhelming" problem for patent applicants); Erwin E Berrier, Global Patent Costs Must be Reduced, 36 IDEA 473 (1996); see also Promoting Innovation Through Patents: Green Paper on the Community Patent and the Patent System in Europe, Doc. COM(97)314 final § 5.2, at 22-24 (June 1997) (referring to the high cost of acquiring patent protection in Europe).
6. Concerning fee reductions in the United States, see, e.g., Patent and Trademark Office: Final Rule Reduces Fees with Expiration of Surcharge, 56 PAT., TM. & COPYRT. J. (BNA) 350 (July 30, 1998); Legislation: House Passes Authorization Bill Decreasing Patent Office Fees, 56 PAT., TM. & COPYRT. J. (BNA) 350 (May 14, 1998). Concerning Europe, see Patents: Paris Conference Debates Proposals to Reduce High Costs of EU Patents, PAT., TM. & COPYRT. DAILY (BNA) (Oct. 23, 1997) (considering proposals to reduce translation costs for patent applications filed with the European Patent Office); European Patent Office: EPO Announces Fee Reductions in 1997 to Total DEM 140, PAT., TM. & COPYRT. DAILY (BNA) (Jan. 6, 1997) (announcing 20% fee reductions effective July 1997, for the stated purposes of responding "to calls worldwide for lower patent costs," and "making European patents more attractive, especially for independent inventors and small and medium-sized firms"); see also United Kingdom: Patent Office Reduces Patent Examination Fees, PAT., TM. & COPYRT. DAILY (BNA) (Feb. 10, 1997) (announcing a 21% reduction in fees for examination of patent applications filed at the U.K. Patent Office, effective January, 1998, "which will benefit small and medium-sized enterprises in particular"). Concerning recent fee reductions at the Japan Patent Office and materials relating to the Third International Symposium on the Reduction of Patent Costs, June 29-30, 1998, see .
7. Concerning fee reductions in the United States, see, e.g., Patent and Trademark Office: Final Rule Reduces Fees with Expiration of Surcharge, 56 PAT., TM. & COPYRT. J. (BNA) 350 (July 30, 1998); Legislation: House Passes Authorization Bill Decreasing Patent Office Fees, 56 PAT., TM. & COPYRT. J. (BNA) 350 (May 14, 1998). Concerning Europe, see Patents: Paris Conference Debates Proposals to Reduce High Costs of EU Patents, PAT., TM. & COPYRT. DAILY (BNA) (Oct. 23, 1997) (considering proposals to reduce translation costs for patent applications filed with the European Patent Office); European Patent Office: EPO Announces Fee Reductions in 1997 to Total DEM 140, PAT., TM. & COPYRT. DAILY (BNA) (Jan. 6, 1997) (announcing 20% fee reductions effective July 1997, for the stated purposes of responding "to calls worldwide for lower patent costs," and "making European patents more attractive, especially for independent inventors and small and medium-sized firms"); see also United Kingdom: Patent Office Reduces Patent Examination Fees, PAT., TM. & COPYRT. DAILY (BNA) (Feb. 10, 1997) (announcing a 21% reduction in fees for examination of patent applications filed at the U.K. Patent Office, effective January, 1998, "which will benefit small and medium-sized enterprises in particular"). Concerning recent fee reductions at the Japan Patent Office and materials relating to the Third International Symposium on the Reduction of Patent Costs, June 29-30, 1998, see .
8. Concerning fee reductions in the United States, see, e.g., Patent and Trademark Office: Final Rule Reduces Fees with Expiration of Surcharge, 56 PAT., TM. & COPYRT. J. (BNA) 350 (July 30, 1998); Legislation: House Passes Authorization Bill Decreasing Patent Office Fees, 56 PAT., TM. & COPYRT. J. (BNA) 350 (May 14, 1998). Concerning Europe, see Patents: Paris Conference Debates Proposals to Reduce High Costs of EU Patents, PAT., TM. & COPYRT. DAILY (BNA) (Oct. 23, 1997) (considering proposals to reduce translation costs for patent applications filed with the European Patent Office); European Patent Office: EPO Announces Fee Reductions in 1997 to Total DEM 140, PAT., TM. & COPYRT. DAILY (BNA) (Jan. 6, 1997) (announcing 20% fee reductions effective July 1997, for the stated purposes of responding "to calls worldwide for lower patent costs," and "making European patents more attractive, especially for independent inventors and small and medium-sized firms"); see also United Kingdom: Patent Office Reduces Patent Examination Fees, PAT., TM. & COPYRT. DAILY (BNA) (Feb. 10, 1997) (announcing a 21% reduction in fees for examination of patent applications filed at the U.K. Patent Office, effective January, 1998, "which will benefit small and medium-sized enterprises in particular"). Concerning recent fee reductions at the Japan Patent Office and materials relating to the Third International Symposium on the Reduction of Patent Costs, June 29-30, 1998, see .
9. Concerning fee reductions in the United States, see, e.g., Patent and Trademark Office: Final Rule Reduces Fees with Expiration of Surcharge, 56 PAT., TM. & COPYRT. J. (BNA) 350 (July 30, 1998); Legislation: House Passes Authorization Bill Decreasing Patent Office Fees, 56 PAT., TM. & COPYRT. J. (BNA) 350 (May 14, 1998). Concerning Europe, see Patents: Paris Conference Debates Proposals to Reduce High Costs of EU Patents, PAT., TM. & COPYRT. DAILY (BNA) (Oct. 23, 1997) (considering proposals to reduce translation costs for patent applications filed with the European Patent Office); European Patent Office: EPO Announces Fee Reductions in 1997 to Total DEM 140, PAT., TM. & COPYRT. DAILY (BNA) (Jan. 6, 1997) (announcing 20% fee reductions effective July 1997, for the stated purposes of responding "to calls worldwide for lower patent costs," and "making European patents more attractive, especially for independent inventors and small and medium-sized firms"); see also United Kingdom: Patent Office Reduces Patent Examination Fees, PAT., TM. & COPYRT. DAILY (BNA) (Feb. 10, 1997) (announcing a 21% reduction in fees for examination of patent applications filed at the U.K. Patent Office, effective January, 1998, "which will benefit small and medium-sized enterprises in particular"). Concerning recent fee reductions at the Japan Patent Office and materials relating to the Third International Symposium on the Reduction of Patent Costs, June 29-30, 1998, see .
10. Concerning fee reductions in the United States, see, e.g., Patent and Trademark Office: Final Rule Reduces Fees with Expiration of Surcharge, 56 PAT., TM. & COPYRT. J. (BNA) 350 (July 30, 1998); Legislation: House Passes Authorization Bill Decreasing Patent Office Fees, 56 PAT., TM. & COPYRT. J. (BNA) 350 (May 14, 1998). Concerning Europe, see Patents: Paris Conference Debates Proposals to Reduce High Costs of EU Patents, PAT., TM. & COPYRT. DAILY (BNA) (Oct. 23, 1997) (considering proposals to reduce translation costs for patent applications filed with the European Patent Office); European Patent Office: EPO Announces Fee Reductions in 1997 to Total DEM 140, PAT., TM. & COPYRT. DAILY (BNA) (Jan. 6, 1997) (announcing 20% fee reductions effective July 1997, for the stated purposes of responding "to calls worldwide for lower patent costs," and "making European patents more attractive, especially for independent inventors and small and medium-sized firms"); see also United Kingdom: Patent Office Reduces Patent Examination Fees, PAT., TM. & COPYRT. DAILY (BNA) (Feb. 10, 1997) (announcing a 21% reduction in fees for examination of patent applications filed at the U.K. Patent Office, effective January, 1998, "which will benefit small and medium-sized enterprises in particular"). Concerning recent fee reductions at the Japan Patent Office and materials relating to the Third International Symposium on the Reduction of Patent Costs, June 29-30, 1998, see .
11. Concerning fee reductions in the United States, see, e.g., Patent and Trademark Office: Final Rule Reduces Fees with Expiration of Surcharge, 56 PAT., TM. & COPYRT. J. (BNA) 350 (July 30, 1998); Legislation: House Passes Authorization Bill Decreasing Patent Office Fees, 56 PAT., TM. & COPYRT. J. (BNA) 350 (May 14, 1998). Concerning Europe, see Patents: Paris Conference Debates Proposals to Reduce High Costs of EU Patents, PAT., TM. & COPYRT. DAILY (BNA) (Oct. 23, 1997) (considering proposals to reduce translation costs for patent applications filed with the European Patent Office); European Patent Office: EPO Announces Fee Reductions in 1997 to Total DEM 140, PAT., TM. & COPYRT. DAILY (BNA) (Jan. 6, 1997) (announcing 20% fee reductions effective July 1997, for the stated purposes of responding "to calls worldwide for lower patent costs," and "making European patents more attractive, especially for independent inventors and small and medium-sized firms"); see also United Kingdom: Patent Office Reduces Patent Examination Fees, PAT., TM. & COPYRT. DAILY (BNA) (Feb. 10, 1997) (announcing a 21% reduction in fees for examination of patent applications filed at the U.K. Patent Office, effective January, 1998, "which will benefit small and medium-sized enterprises in particular"). Concerning recent fee reductions at the Japan Patent Office and materials relating to the Third International Symposium on the Reduction of Patent Costs, June 29-30, 1998, see .