The protection of industrial inventions: analysis of the regulation and policy evaluation
AbstractThe Italian and European regulatory framework for patents would benefit from further improvements in order to foster dynamic competition between Italian firms. At the national level the exclusive allocation of the right to patent inventions to universities, rather than to researchers, would promote better commercial exploitation. At the European level a more integrated system of protection (provision of a single patent that is valid in all Member States, the abolition of translation requirements, a unitary system of fees, and the integration of the litigation system) is essential to lower costs and expand the geographic scope of the protection, thus fostering dynamic competition. Further improvements in the language requirements are needed. The objective of reducing the cost of patenting inventions without raising costs for competitors would be better achieved were English the sole official language of the system (instead of the present choice between English, French and German), to make it easier for competitors to know which is the valid version of the patent.
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Bibliographic InfoPaper provided by Bank of Italy, Economic Research and International Relations Area in its series Questioni di Economia e Finanza (Occasional Papers) with number 109.
Date of creation: Nov 2011
Date of revision:
patents; industrial inventions; judicial trial; European patent;
Find related papers by JEL classification:
- K11 - Law and Economics - - Basic Areas of Law - - - Property Law
- K41 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Litigation Process
- L51 - Industrial Organization - - Regulation and Industrial Policy - - - Economics of Regulation
- O31 - Economic Development, Technological Change, and Growth - - Technological Change; Research and Development; Intellectual Property Rights - - - Innovation and Invention: Processes and Incentives
- O32 - Economic Development, Technological Change, and Growth - - Technological Change; Research and Development; Intellectual Property Rights - - - Management of Technological Innovation and R&D
- O34 - Economic Development, Technological Change, and Growth - - Technological Change; Research and Development; Intellectual Property Rights - - - Intellectual Property Rights
This paper has been announced in the following NEP Reports:
- NEP-ALL-2011-12-19 (All new papers)
- NEP-COM-2011-12-19 (Industrial Competition)
- NEP-EUR-2011-12-19 (Microeconomic European Issues)
- NEP-INO-2011-12-19 (Innovation)
- NEP-IPR-2011-12-19 (Intellectual Property Rights)
- NEP-TID-2011-12-19 (Technology & Industrial Dynamics)
You can help add them by filling out this form.
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