許すまじ Patent Trolls

まさにグッドタイミングで昨日のトロール記事と関係する記事がありましたので紹介します。

Don't Feed the "Patent Trolls"
●First,
there is a need to reconsider the prevailing view that "anything under the Sun" made by man is patentable subject matter. Justice Stephen Breyer of the Supreme Court of the United States noted: "Patent law seeks to avoid the dangers of overprotection

● Second,
there is a need to improve the capacity of patent offices in dealing with applications for new technologies, especially in biotechnology and adjacent fields. The criteria for patentability should be applied strictly in respect of new technologies.

● Third, there is a need for greater post-grant review of patent applications. "Patent trolls" should not be allowed to flourish

● Fourth, given the expansion of the scope of patentable subject matter, there is a need in turn to broaden the range of exceptions to patent infringement.

● Finally, there is a need for patent law to take notice of larger concerns about bioethics and human rights.