Evisa Kica

The European patent system: dealing with emerging technologies

In light of recent controversial patent decisions in biotechnology, this article argues that the current European patent examination and opposition procedures do not suffice to balance the patent system These procedures do not provide sufficient guidance for patent examiners to deal effectively with the emerging life science technologies. The European Patent Office needs to instill more self-reflection into the patent system and foster interaction between the Office and patent stakeholders. In this respect, we propose that the EPO should establish an ex-ante, patent-granting advisory body that would consist of multidisciplinary staff drawn from various technical fields, and collaborate closely with the scientific community and other national bodies. It is expected that such an advisory body would provide an input to the existing patent system, since it would anticipate, control and reduce the possibility that patent examiners would issue low-quality patents with huge socio-economic consequences.

Chapter 10: Transactional Arrangements in the Governance of Emerging Technologies: The Case of Nanotechnology

Nanotechnology, the science of controlling the structure of matter at the nanoscale, is expected to provide the platform and tools for innovative products and applications for consumers while adding value to solutions designed to address a myriad of human and environmental challenges. This has triggered agents within government and industry to invest heavily in nanotechnology research and development programs [1,2]. The results of this investment are steadily coming to fruition, as evidenced by the increasing number of products incorporating nanomaterials making their way into commerce [3]. In 2001 the United States 220(US) National Science Foundation (NSF) predicted that by 2015, the value of products and services that will incorporate nanotechnology will go up to

The European patent system: emerging technologies, the patent quality challenge and mechanisms to deal with it

US1 trillion [4]. There are also reports suggesting that the potential market value for products incorporating nanotechnology (specifically in the semiconductors and electronics sectors) could go up to

Transnational Governance Arrangements: Legitimate Alternatives to Regulating Nanotechnologies?

US2.6 trillion by 2014, and US

Transnational Arrangements in the Governance of Emerging Technologies : The Case of Nanotechnology

2.8 trillion by 2015 (driven by the expected commercialisation success in the healthcare and electronics sectors) [5,6]. A detailed summary of the published market figures regarding nanotechnology is provided by Malanowski and Zweck [7:1811].

Regulating Technological Innovation. A Multidisciplinary Approach

This chapter provides a comprehensive analysis of the European patent system and the current challenges surrounding the quality of patents. Patents are an essential element of economic growth that foster innovation through the generation of new scientific and technological knowledge. The impact of patents to spur innovation and economic growth in Europe has been clearly stated by the European Commission and Council (e.g. European Commission, 2008; Council of the European Union, 2009). The Lisbon Agenda of the European Council also stresses the role of IP protection for advancing European competitiveness and growth. Patents continue to be used increasingly by private companies and public research organisations to protect new inventions, which have created new waves of innovation and prompted shifts within the legal and regulatory framework of patent regimes (OECD, 2004). However, the emergence of new technologies and the increase of patent applications have all impacted the IP regulatory framework and the ability of patent examiners to issue high-quality patents.