Patent Law

Criminalizing patent infringement?

By Lawrence B. Ebert, Esq.

In letter to Lord Mandelson, Trevor Baylis argued that criminalizing patent theft would divert lawsuits from the expensive civil system and give lone inventors access to financial support from the State.

Some patent practitioners have taken exception to this view. Chartered Institute of Patent Attorneys (CIPA) fellow Peter Jackson told the BBC that the expertise required in patent cases makes them unsuitable for criminal treatment. But Baylis feels that the onus is on attorneys in the first place to produce unambiguous paperwork. 'I think that if a patent is laid out by a patent attorney in a way that cannot be circumnavigated, it should be rock solid,' he said. Ensuring patent quality 'is what the attorneys are paid for'.

Other patent attorneys have argued that criminalizing patent theft would have a 'chilling' effect on innovation, as creators would think twice before filing. 'I can understand what they're saying,' said Baylis, 'but there's no point filing for a patent at all if it can't be successfully utilised or defended.'

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For a European view different from that of MaxDrei:

Trevor Baylis feels that the burden is on patent attorneys in the first instance to produce unambiguous paperwork. Ensuring patent quality 'is what the attorneys are paid for'.

Full post as published by IPBiz on September 05, 2009 (boomark / email).