Creating A Global Patent System

prostoalex writes "May issue of MIT Technology Review discussed the implications of a globalized patent system. For small inventors, it argues, the cost of globalizing the rights for their invention are just unbearable. For example, in Europe it costs about $7,000 per country to file a patent application. As an article bonus, some people might like to take a look at the list of the largest patent holders per industry in PDF format."

Comments

$7000 per European country..

[wfberg]

Yes, the European Patent Office does not exist. Go away now!

Re:$7000 per European country..

[robbyjo]

No it's not $7000 per country.. It's $7000 more per country. When you calculate (app fee is $78K + $200K legal fee), the average is about $12K. So, it implies that his total patent cost in the US is about $5K.

Re:$7000 per European country..

[kogs]

OK here are some real numbers for a US-originating European patent application with 20 pages of text and 20 claims (somewhat on the low side when compared with US practice but multiple dependencies are positively encouraged in Europe not penalised as in the USPTO)

Filing: $2200
Examination: $1800
Designation fees* (all states): $800
Dealing with objections by Examiner: $4000
Maintenance fees (say): $2000
Grant and validation:

• United Kingdom: $300
• Austria: $1700
• Belgium: $900
• Cyprus: $1700
• Denmark: $3600
• Finland: $3300
• France: $2300
• Germany: $2500
• Greece: $2250
• Ireland: $700
• Italy: $2100
• Latvia: $1600
• Lithuania: $2100
• Luxembourg: $700
• Monaco: $750
• Netherlands: $2300
• Portugal: $2700
• Romania: $1500
• Slovenia: $2000
• Spain: $2000
• Sweden: $3800
• Switzerland: $1000
• Turkey: $1900

Sub-Total: $43,700
Official Grant + Printing Fees: $1500
Grand Total: $56,000 (plus US patent attorney's time and mark up.

Most of the validation costs are for translations and some countries appear low because they share a language with another country, e.g. French is used in France, Switzerland and Belgium

If you are not a pharmaceutical company, you would probably be looking for patents in the UK, France, Germany and perhaps Scandinavian countries, Italy, Spain and the Netherlands. Assuming the UK, France and Germany would give a cost per country of about $5200 per country.

* seven buys all states

There is a European Patent Office you know...

[pwagland]

For small inventors, it argues, the cost of globalizing the rights for their invention are just unbearable. For example, in Europe it costs about $7,000 per country to file a patent application.

The EPO, when it grants a patent, grants a patent to cover all of the EU. I don't know what the costs are, but I am fairly certain that it is less than $84,000...

WIPO

[millwall]

There is a Swiss based organisation called World Intellectual Property Organization (WIPO) with 179 member states promoting worldwide patents.

From the Website:

The World Intellectual Property Organization (WIPO) is an international organization dedicated to helping to ensure that the rights of creators and owners of intellectual property are protected worldwide and that inventors and authors are, thus, recognized and rewarded for their ingenuity.

Send in the tanks, then Hillary Rosen

[nagora]

Guess who Bush sent into Iraq to help "modernise" its IP laws after the invasion? Good old Hillary Rosen.

That's how you get a world-wide IP system: tanks and bloodsuckers. Your country could be next...

TWW

Re:Only global patents make sense

[Mr Europe]

Do remember that NONE the patents so far have been really GLOBAL !

Re:Sideways PDFs

[insecuritiez]

How about patent the rotate clockwise button. It's there in Acrobat Reader and XPDF.

Re:Whole other idea

[tomgarcher]

You fool. The idea behind patents is that it gives the inventor a time limited monopoly thus encouraging technological innovation. No patents means that we start to compete on who has most financial/marketing/political muscle - i.e. large firms win every time. Patents and copy right allow small firms to have a chance against larger companies and actually spur on technological development.

Total cost for Euro patent

[LucVdB]

According to the European Patent Office, it comes to about EUR 29800, or over US$ 32700. I'd better start saving.

Re:Yeah right

[onion2k]

Tell that to the major phamaceutical companies. US companies produce AIDs and cancer drugs at 30$ a day to the patient, and then Indian companies such as Cipla under cut them by making the same drugs for less than 1$ per day. Indian patent law states that drug patents only cover the production method, not the actual drug, so long as the Indian company figures out a new way of making it then its ok.

But...

If countries buy these generic drugs rather than the US equivalent they get threatened with trade sanctions. Its happened in Thailand, South Korea, Brazil, and many others. I doubt its a coincidence that Rumsfeld used to head up.. ooo.. a pharmaceutical company! There was a global treaty for cheap drugs put around by the WHO a little while ago. Every single country wanted to sign up... expect the USA, who veto'd it.

America has too much power.