Patent reform in Europe and the US

摘要

The patent system has gained political attention in both Europe and the US as the core regulatory regime of an increasingly knowledge-based economy. Both Europe and the US have recently engaged in a series of efforts to reform their patent systems. These efforts reflect a shift from a legal and administrative emphasis on harmonization and globalization toward greater attention to issues of innovation and competition. However, the complexity of the systems, the asymmetric distribution of costs and benefits of change, the diversity of economic and political interests, and the high technical profile of this regulatory field, make reform slow and difficult. Whereas Europe focuses on regional integration, the US focuses on substantive and procedural solutions to perceived failings and abuses. This paper aims to provide an overview of the trajectory of reform in each jurisdiction and to consider whether and how the experiences of each may be of value to the other.