Partner Article

Time to re-invent the broken patent wheel?

With the recent spate of patent disputes consuming the daily news agenda, Plextek’s Dr Graham Maile has been looking at how the patent system could be improved to encourage the spirit of invention in the technology sector.

Working for an SME in the technology design sector, I’ve been a long time advocate of patent reform and have had first hand experience of the detrimental effect of the current system. I believe that the underlying financial threat inadvertent patent infringements and unfounded allegations of infringement by larger companies have on innovation is slowly choking the industry of real innovation.

In the wake of high profile patent disputes like Samsung vs. Apple, which has recently cost Samsung to the tune of $1.05bn (not to mention the much larger impact on its share price), many people have been left questioning the current system. I’m not against patenting, it’s important to protect one’s intellectual property if someone is blatantly trying to duplicate your ideas. However, if the current stringent regulations regarding trademarked ideas were relaxed, the threshold for invention would be raised so that fewer and higher worth patents would be granted. This would also create a fairer system for individuals and small companies to operate in and prevent the present situation where financial ‘might is right’.

In all the uproar of patent litigation and valuations of major IP-rich businesses, one voice has been lost, namely that of the inventor, the person who makes these huge sums possible and who is the bedrock of the patent system.

I’m also pretty sure I’m not alone. Many critics are now convinced that the modern patent system has lost its focus and is being corrupted by a culture focused solely on financial gain. There is an urgent need to turn patents back into something that the creators have a vested interest in, instead of something that businesses trade like stocks and shares.

It comes down to simple morality that buying a patent solely to assert it commercially and obtain license fees shouldn’t be allowed. This goes against the spirit of patents and increases costs to manufacturers and consumers.

So, to reiterate, the main things to consider for a patent system reform in and ideal world would be:

• To create a fairer system that took consideration of individuals or small businesses, preventing the present situation where ‘might is right’
• To raise the threshold for patents in order to drive inventive inspiration and create fewer and higher worth patents
• Stop the sale of patents bought purely for the exercise of financial gain

Dr Maile is Director of Strategic Consulting at independent product innovation and design consultancy Plextek and has spent the last 32 years associated with the development and introduction of new technology. He is frequently consulted on matters of innovation and intellectual property and has been an expert in the Patent Court (High Court of Justice).

This was posted in Bdaily's Members' News section by Plextek .