“Worksharing” Versus Patent Reform – Are We Missing the Point?

Clearly, one of the most significant current topics within the United States IP community is the subject of “patent reform” – that is, proposed changes to the existing patent laws and regulations, intending to address a number of real – or imagined – flaws in the existing patent system.  Of the sundry ills called out by those in favor of broad patent reform, the increasing volume of patent filings with the USPTO is often cited as a key reason why reform is needed.  And certainly there are reforms being proposed that ostensibly try to address the increase in patent applications by more or less culling the number of applications – limitations on the number of patent claims, as well as the filing of “applicant quality submissions” (which I believe is code for “certification of disclosure of all prior art”) are both among the ideas that are under consideration as part of comprehensive patent reform.  The gist behind these 2 proposals seems to be that by reducing the number of patent applications, we will see improved “quality” in remaining patent applications.

To be sure, the IP community does face a challenge created by the increase in patent applications.  But do the two proposals described above really improve our patent filing system, or do they actually staunch disclosure of innovation?

An interesting series of articles by IP Frontline contributing author Harold Wegner suggests that patent reform currently under consideration within the United States misses the point when it comes to addressing the workload issues for the PTO caused by the current increase in patent applications.  Mr. Wegner discusses the idea of “worksharing” among patent granting authorities throughout the world as a way to alleviate the work burden that now exists at the USPTO.  In simplest terms, “worksharing” would involve the various patent offices of countries throughout the world working as a unified body to review patent applications, with the result being the granting of patent rights that would be valid on a worldwide basis.  Mr. Wegner’s articles discuss in excellent detail the existing challenges that a “worksharing” solution would have to solve – and he provides compelling ideas on how to solve these challenges to make “worksharing” viable.

Mr. Wegner’s ideas on “worksharing” to improve the patent filing system are compelling and creative – and perhaps a better approach to the problem of “patent reform” than those currently under consideration.

Mr. Wenger’s articles may be found at http://www.ipfrontline.com/depts/article.asp?id=16559&deptid=4 and http://www.ipfrontline.com/depts/article.asp?id=17966&deptid=5.