Do patents kill innovation? The US patent office is asking.

July 09, 2021 // By Nick Flaherty
Do patents kill innovation? The US patent office is asking.
The US Patent Office is looking at the impact of patents on areas such as quantum computing, AI and networking

The United States Patent and Trademark Office (USPTO) is looking at the impact of patents on innovation and investment in technology and calling for industry views.

The study particularly wants to find examples of where a patent has been denied in the US but accepted in other jurisdictions, which will be a key area for European electronics companies.

The US Supreme Court’s 2016 decisions in Mayo and Alice and subsequent Federal Circuit decisions applying the Supreme Court’s legal framework have highlighted the impact of patents on areas such as quantum computing, artificial intelligence, precision medicine, diagnostic methods, software and networking

The USPTO will use the responses to prepare a report for US Senators Thom Tillis, Mazie Hirono, Tom Cotton, and Christopher Coons on how current jurisprudence may have affected U.S. investment and innovation.

The study is looking at patent prosecution strategy and portfolio management as well as research and development, employment, procurement and marketing. It is also interested in the impact on the ability to obtain financing from investors or financial institutions and investment strategy as well as the impact on product development, novation and competition

One key area will be the licensing of patents and patent applications, and the growth of patent ‘trolls’.

The deadline for the submission of comments is September 7, 2021 at www.regulations.gov using docket number PTO-P-2021-0032.

There is more information on how to make a private submission at  https://www.federalregister.gov/documents/2021/07/09/2021-14628/patent-eligibility-jurisprudence-study

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