An article by Lee Hollaar, a Professor with the School of Computing at the University of Utah, Salt Lake City, appeared in this month’s IEEE (Institute of Electrical and Electronics Engineers) Spectrum magazine and complements an 11-page paper he wrote on patent reform last October.
Professor Hollaar, a former chair of IEEE-USA's Intellectual Property Committee, points to delays in granting patents, an overlong protection period and limited examination as issues facing the current system.
He suggests that adding another tier of patents into the existing system would address some of these problems.
He says his ‘limited patent’ would:
Critics are unconvinced, querying whether such a system, which relates largely to software patents, could also apply to other sectors.
John MacKenzie, a partner with Pinsent Masons who specialises in intellectual property disputes, said:
"These proposals are an interesting response to the difficulties posed by the current US patent system. However, they are not likely to reduce the fundamental challenges and cost of the patent system. A patent is a very powerful device to protect intellectual property. That being so it ought to be granted only when it is clear that it is merited. The current system is criticised mainly because US patents are not subjected to rigorous examination, which allowed unfounded claims to be made. These proposals do not address that central concern."