• UK Government Review

    The Gowers review consultation paper lists a number of aims and concerns with the present IP system:

    1. Improving the transparency of a complex IP system and making the system easier to navigate.

    2. Reducing the cost of obtaining IP rights, especially in view of failed efforts to agree a European Community Patent.

    3. Addressing fears over hindering innovation by granting overly broad patent protection, especially in the hands of “patent trolls” (although Gowers does not use that expression).

    4. Addressing the effects of the large numbers of patents and so-called “patent thickets” caused by increasing complexity of high-tech products and of scientific research.

    5. Reducing delays in patent grant, especially in industries with complex and fast-moving innovation and the need for technological standards, such as computing and telecoms.

    6. Addressing fears over cross-licensing agreements and “patent pools” that reduce the need for costly and time consuming negotiations for some, but may increase barriers to market entry for others.

    7. Addressing widespread copyright infringement over the Internet, and low public awareness of the boundaries of lawful use and unclear legal sanctions.

    8. Addressing the practical inaccessibility of many copyright works, making them unavailable for licensing.

    Some of these aims and concerns are indeed within governmental or inter-government control, for example the cost and speed of obtaining a patent. Others, such as the last item, appear at first sight to be practical matters controlled at present by market forces. Overleaf, we focus on just one particular item, which touches on the concern over granting of bad or trivial patents and is the subject of the Patent Office review.