专利改革：生物医药和软件产业中的问题PATENT REFORM ISSUES IN THE BIOMEDICAL AND SOFTWARE INDUSTRIES.doc

FOR EDUCATIONAL USE ONLY 27 Biotechnology L. Rep. 153 Biotechnology Law Report April, 2008 Text *153专利改革：生物医药和软件产业中的问题PATENT REFORM: ISSUES IN THE BIOMEDICAL AND SOFTWARE INDUSTRIES Copyright ? 2008 by Mary Ann Liebert, Inc. Updated December 14, 2007 Wendy H. Schacht Specialist in Science and Technology Resources, Science, and Industry Division Summary Congress has shown interest in reform of the existing patent system. This attention to patent policy reflects a recognition of the increasing importance of intellectual property to U.S. innovation. Patent ownership is perceived as an incentive to the technological advancement that leads to economic growth. As such, the number of patent applications and grants has grown significantly, as have the type and breadth of inventions that can be patented. Along with the expansion in the number and range of patents, there are growing concerns over whether the current system is working efficiently and effectively. Several recent studies recommend patent reform. Other experts maintain that major alterations in existing law are unnecessary and that, while not perfect, the patent process can, and is, adapting to technological progress. Several bills (e.g., H.R. 1908 and S. 1145) have been introduced in the 110th Congress that would make significant alterations in current patent law. At the present time, the patent laws provide a system under which all inventions are subject to the same requirements of patentability regardless of the technical field in which they arose. However, inventors and innovative companies in different industries tend not to hold identical views concerning the importance of patents, reflecting varying experiences with the patent system. Innovators in biomedical industries tend to see patent protection as critically important as a way to prohibit competitors from appropriating the results of a companys research and development efforts. Typically only a few, often one or two, patents cover a particular drug