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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."
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.
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: $43,700Official 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 $5200 per country.
* seven buys all states
Tell that to the major phamaceutical companies. US companies produce AIDs and cancer drugs at 30$ 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.
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