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ChinaTalk

History and Future of Global Patent Policy

Aug 19, 2024
Brian Pomper, former Chief International Trade Counsel and now a partner at Akin Gump, dives into the complexities of global patent policy. He discusses how the U.S. historically maintained innovation dominance and explores the aggressive tactics of big tech against the patent system. The fierce patent battles, like Apple vs. Samsung, showcase a tech competition landscape. China’s controversial patent litigation raises eyebrows in Europe, while patent policy significantly impacts international trade agreements.
57:49

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Quick takeaways

  • The U.S. patent system was designed to democratize innovation, empowering diverse inventors and contrasting with England's elitist model.
  • Recent changes to the patent system, influenced by big tech lobbying, threaten smaller innovators' access and the system's overall efficacy.

Deep dives

Historical Foundations of Patent Policy

The U.S. patent system is rooted in the Constitution, specifically Article I, Section 8, which underscores the importance of securing exclusive rights for authors and inventors to promote innovation. This foundational element was intentionally designed to democratize access to patent rights, moving away from the English system that favored well-connected individuals. The early patent acts set the stage for an innovative culture in America, driving economic growth and technological advancement, which persists today. By ensuring that all inventors could obtain patents, the Constitution aimed to encourage wide-ranging creativity among the populace.

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