Microsoft steps forward for Single Global Patent System

[nitinagarwal1988]

Corporate Vice President and Deputy General Counsel “Horacio Gutierrez” of Microsoft posted a news on Microsoft On The Issues on a key idea of making a single Global Patent System.

He Stated that a backlog of patent applications internationally was needed to tackle the 3.5 million pending patent applications around the world--including around 750,000 in the US.

"In today's world of universal connectivity, global business and collaborative innovation, it is time for a world patent that is derived from a single patent application, examined and prosecuted by a single examining authority and litigated before a single judicial body," said Guiterrez. "A harmonized, global patent system would resolve many of the criticisms leveled at national patent systems over unmanageable backlogs and interminable pendency periods."

Guiterrez went on to praise efforts to harmonize international patent systems through projects such ad the Patent Prosecution Highway and the "IP5" partnership but said more needed to be done to allow corporations to protect their intellectual property.

"By facing the challenges, realizing a vision, overcoming political barriers, and removing procedural obstacles we can build a global patent system that will promote innovation, enrich public knowledge, encourage competition and drive economic growth and employment," he added. "The time is now--the solutions are in reach."

Read the full post here.

[seti]

This really is a great idea, as long as it is policed correctly. It is a wonder that it has not been done before now, as it would save businesses hours of time and money to know what was what. I fully support this... thanks for the post.

[Corrine]

The idea of patent harmonization is as old as the hills.

• Patent Law Harmonization - A Historical Overview - Developments From 1945 to 1980
• Substantive Patent Law Harmonization
• Patent Law Harmonization

If harmonization cannot be accomplished through WIPO, I don't see it happening any time soon.

[Corrine]

Anand posted a link to this topic in Twitter. I retweeted with the added comment, "Don't hold your breath 4 Patent.harmonization", which was fed to my Facebook wall posts.

A Facebook friend who was the Manager of the U.K. Patent Staff of our company posted the response below and gave me permission to quote her comment here. She is extremely knowledgeable in the field of Intellectual Property and someone of whom I have a great deal of respect.

This will not happen I am sure in our lifetime- the differences in the patent systems worldwide at present are still too vast, especially between US and eleswhere and would appear presently unsurmountable. When I joined the profession in the late 60s a EU Community patent was mooted but we still do not have even that 40 years later. The idea of an 'all eggs in one basket' appraoach, whilst potentially simplifying procedures and reducing cost, would place too much reliance on receiving a fair examination both at the prosecution stage or in court and we are all very aware of the huge gulf between standards of examination in one country let alone worlwide.

[seti]

Thanks for your comments Corrine. I still do not know why Business leaders who bear the costs, then pass them on to us do not do something about it. Then again I do, because you add politicians into the mix and nothing gets done