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News of 2004Council 04/12/21Chirac 04/08/24Tacke 04/08/25Acacia 04/01/15Kober 04/01/14Amazon 04/01/25OECD 04/01/30

OECD ministers call for closer scrutiny of the patent system
Commemorate Banana Union Day

The Paris based Organisation for Economic Cooperation and Development, in which the world's wealthier countries are members, has issued a report on problems with the patent system. OECD calls for "closer scrutiny by science, technology and innovation policy makers" of patent regimes, warning that governments "must remain vigilant in ensuring that patenting does not unnecessarily hinder access to knowledge, reduce incentives to disseminate knowledge, or impede follow-on innovation". The report specially names software, business method and gene patents as fields where the efficiency of the patent system seems particularly questionable.
The OECD ministerial meeting has issued a communique this weekend, based on the report on science and innovation.

About patents the ministers say:

Patent regimes play an increasingly complex role in encouraging innovation, diffusing scientific and technical knowledge, and enhancing market entry and firm creation. As such, they should be subject to closer scrutiny by science, technology and innovation policy makers.

In more detail,

Adapting IPR regimes

10. Patenting has accelerated rapidly in the past decade, with the number of patent applications filed in Europe, Japan and the United States increasing by 40% between 1992 and 2002, from 600 000 to 850 000 per year. The effects of such patenting on incentives to innovate, on the diffusion of scientific and technical knowledge and on competition remain unclear and vary across industry sectors and technological fields. In this regard, Ministers welcomed the OECD report on "Patents and InnovationTrends and Policy Challenges", and encouraged continuation of OECD work in this area.

11. Although not widespread, cases of restricted access to patented inventions and delays in conducting or publishing research, indicate that governments must remain vigilant in ensuring that patenting does not unnecessarily hinder access to knowledge, reduce incentives to disseminate knowledge, or impede follow-on innovation. Ministers recognised the growing importance of patent licences and other market-based transactions in fostering knowledge diffusion and agreed that policy should encourage their development. Ministers further shared the view that IPR regimes need to protect researchers' access to fundamental inventions, such as through exemptions for research use of patented inventions.

12.The more important patents become to economic growth and performance, the more necessary it will be to ensure the quality of patents awarded while minimising their overall costs to society. Ministers welcomed the steps that a number of countries have already taken in that direction, and agreed that good practices in this area should be emulated. In this context, they encouraged the development of efforts to forge closer co-operation among major patent offices towards a more coherent global patent system.

[ FFII Software Patent News 2004 | 2004-12-21 Software Patents Withdrawn from the Agenda of the Council of Agriculture and Fisheries at Poland's Request | Answer from Chirac's Technical Adviser | EPO grants video streaming patent to Acacia | EPO answers to Kauppi questions available | FFII Opposition against Amazon | OECD ministers call for closer scrutiny of the patent system ]
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