Posts Tagged: "standard patent"

No Empirical Evidence that Standard Essential Patents Hold-Up Innovation

It is important to emphasize that we are not claiming that the patent system as currently defined cannot be improved. Rather, we offer evidence on two interrelated predictions of the SEP hold-up hypothesis. First, if SEPs are holding up innovation, then products that are highly reliant upon SEPs should experience more stagnant quality-adjusted prices than similar non-SEP-reliant products. Second, if SEPs are holding-up innovation, then changes in the legal system (eBay) that weaken the excessive negotiating strength of SEP holders should accelerate reductions in quality-adjusted prices in SEP-reliant industries relative to non-SEP-reliant industries. We find no evidence for either prediction.

Proposed Changes to the Hong Kong Patent System

In 2011, an Advisory Committee (AC) was instructed by the Hong Kong Government to conduct a review of the Hong Kong Patent System. On 7 February 2013, the AC issued its formal Report (209 pages long) recommending various changes to the system which will affect not only Patentees, but the entire Patent profession in Hong Kong. In general, the AC’s Report recommends three changes which can be described as being quite bold in some areas, whilst at the same time, being conservative as the changes permit much of the existing system to be retained.

Apple’s ‘Innovative’ Australian Patent Strategy

As readers will no doubt be aware, Australia is one of the jurisdictions in which Apple is currently pursuing litigation against its Android-based smartphone and tablet competitors. The claims and counter-claims by Apple and Samsung are the subject of a trial in the Australian Federal Court in Sydney which has now been extended into the first months of 2013. According to reports, as many as 22 Apple patents have been asserted against Samsung, although it is as yet unclear how many of these will actually be pressed at trial. A number of the asserted patents are innovation patents. An ‘innovation patent’, is in many respects unique to Australia. An innovation patent provides a ‘second tier’ right, with a lower barrier to validity than the conventional inventive step test, and a shorter maximum term of protection of just eight years.