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.
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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