US patent position weakens for third consecutive year: report
While the US has retained the top spot in “IP leadership”, its performance in patent protection has weakened for the third consecutive year, according to a report from the US Chamber of Commerce.
The annual report, from the Chamber’s Global Innovation Policy Center ( GIPC), features an international IP index and was released yesterday, February 8.
The US’s performance has decreased in the index’s category of patents, related rights and limitations, driven by the relative weakness in “patentability requirements and patent opposition”.
The index highlighted that cases including AMP v Myriad Genetics and Prometheus Laboratories v Mayo Collaborative Services had resulted in uncertainties over patentability.
According to the index, there is considerable uncertainty for US innovators and the legal community when it comes to determining patent eligibility for areas such as biotech, business methods, and computer-implemented inventions.
It wasn’t all bad news for the US. As well as securing the highest ranking for economic performance, the US ranked highest for copyright and international treaties, among others.
While the US may have slipped down the rankings in patentability, other countries are committing to IP-driven creativity and innovation, explained David Hirschmann, president and CEO of GIPC.
“The majority of countries took steps to strengthen their IP systems and foster an environment that encourages and incentivises creators to bring their ideas to market,” he said. “While a clear pack of leaders in IP protection top the rankings, the leadership gap has narrowed in a new global race to the top.”
The UK was ranked as the second best performing economy, after the US, with cross-industry and government cooperation listed as one of the country’s strengths.
For the first time, India progressed from the bottom 10% of economies in the index. This was partly attributed to the passage of guidelines designed to improve patentability for technological innovations, coupled with the implementation of an IP rights policy.
Hirschmann added: “There is still work to be done, and we hope governments will use this index as a blueprint to further improve their IP ecosystems and grow competitive, knowledge-based economies. When countries invest in strong IP systems, we all benefit.”
A full breakdown of the economies can be found here.
The index analyses the IP climate of 50 of the world’s economies and ranks them on innovation development in patent, trademark, copyright and trade secrets protection.
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