ChinaTalk History and Future of Global Patent Policy
Aug 19, 2024
Brian Pomper, a partner at Akin Gump and former Chief International Trade Counsel, dives deep into the intricacies of global patent policy. He discusses the historical journey of America's innovation from the Constitution to the age of patent trolls and big tech's impact on the patent landscape. The fierce patent battle between Apple and Samsung highlights crucial issues surrounding standard essential patents. Brian also addresses how China's patent litigation approach is stirring debate in Europe, emphasizing the critical intersection of patent policy and international trade.
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Constitutional Basis of US Innovation
- The US Constitution uniquely protects inventor rights, promoting innovation.
- This fostered a culture of creativity, setting the American economy on a successful path.
19th-Century Patent Disputes
- 19th-century figures like Alexander Graham Bell and Thomas Edison, now considered great innovators, faced extensive patent litigation.
- This historical context challenges the modern narrative of "patent trolls."
Big Tech's Impact on Patent System
- Big tech companies, whose business models rely less on patents, strategically challenged the US patent system.
- This created instability, hindering smaller companies reliant on patent protection for attracting investments.