How do you compare patent protection for R&D across countries and regions?

1 Patentability criteria

One of the first aspects to compare is the patentability criteria, which define what kinds of inventions can be patented and what are the minimum requirements for a patent application. Generally, most countries and regions follow the standards of novelty, inventive step, and industrial applicability, meaning that the invention must be new, non-obvious, and useful. However, there may be differences in how these criteria are interpreted and applied, especially for emerging fields such as biotechnology, software, or artificial intelligence. For example, some jurisdictions may exclude certain types of inventions from patentability, such as methods of medical treatment, mathematical algorithms, or natural phenomena.

2 Patent term and maintenance fees

Another aspect to compare is the patent term and maintenance fees, which determine how long a patent is valid and how much it costs to keep it in force. The patent term is usually 20 years from the filing date, but some countries and regions may extend it for certain sectors or circumstances, such as pharmaceuticals, biologics, or delays in examination or approval. The maintenance fees are the periodic payments that patent owners have to make to the patent office to avoid the lapse of their patents. These fees may vary depending on the country or region, the type of patent, and the stage of the patent term. For example, some jurisdictions may charge higher fees for later years, while others may offer discounts or exemptions for small entities or public research institutions.

3 Patent enforcement and litigation

A third aspect to compare is the patent enforcement and litigation, which affect how patent owners can defend their rights and how patent disputes are resolved. The patent enforcement and litigation depend on the legal system, the judicial process, and the available remedies of each country or region. For example, some jurisdictions may have specialized courts or tribunals for patent cases, while others may rely on general courts or administrative agencies. Some may allow for injunctive relief, which is the order to stop the infringement, while others may only grant monetary damages. Some may have a pre-grant or post-grant opposition system, which allows third parties to challenge the validity of a patent before or after it is granted, while others may not.

4 Patent harmonization and cooperation

A fourth aspect to compare is the patent harmonization and cooperation, which refer to the efforts to align and simplify the patent systems and procedures across countries and regions. The patent harmonization and cooperation aim to reduce the complexity, cost, and uncertainty of obtaining and enforcing patents in multiple jurisdictions. For example, some countries and regions may participate in international treaties or agreements that establish common rules or standards for patent protection, such as the Patent Cooperation Treaty (PCT), the European Patent Convention (EPC), or the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). Some may also offer regional or bilateral patent systems or services, such as the European Patent Office (EPO), the African Regional Intellectual Property Organization (ARIPO), or the Patent Prosecution Highway (PPH).

5 Patent indicators and rankings

A fifth aspect to compare is the patent indicators and rankings, which provide quantitative and qualitative measures of the patent activity and performance of countries and regions. The patent indicators and rankings can help to assess the level, quality, and impact of R&D and innovation in different domains and sectors. For example, some of the common patent indicators and rankings are the number of patent applications and grants, the patent intensity and specialization, the patent citations and family size, the patent value and quality, and the patent protection and enforcement index.

6 Patent strategy and management

A sixth aspect to compare is the patent strategy and management, which involve the decisions and actions that R&D entities take to optimize their patent portfolio and leverage their patent assets. The patent strategy and management depend on the goals, resources, and capabilities of each entity, as well as the opportunities and challenges of the market and the legal environment. For example, some of the key elements of patent strategy and management are the patent search and analysis, the patent filing and prosecution, the patent licensing and monetization, the patent monitoring and enforcement, and the patent risk and compliance.

7 Here’s what else to consider

This is a space to share examples, stories, or insights that don’t fit into any of the previous sections. What else would you like to add?