Decentralising the patent system
Gaétan de Rassenfosse, Kyle Higham
Government Information Quarterly (2021), 38(2): 101559
Research Question
Can distributed ledger technologies facilitate significant improvements to the patent system?
Why Do We Care
Modern patent systems are often criticized for being slow, inefficient, and costly, leading to potential negative impacts on technological progress. By decentralizing patent-related processes through distributed ledger technologies, it may be possible to enhance transparency, efficiency, and flexibility in patent management, thereby fostering innovation and reducing the burdens associated with patent administration.
What Did We Do
We conducted a comprehensive analysis of patent systems, identifying fundamental issues such as slow grant times and high invalidation rates. We proposed a decentralized patent records system utilizing distributed ledger technologies and outlined methods for implementing various previously suggested improvements such as prior-art bounties and enhanced transparency mechanisms.
What Did We Find
The proposed DLT-based patent system has the potential to significantly streamline examination processes and improve patent quality. We argue that such a system could lead to lower per-patent examination costs and a reduction in the incidence of erroneous patent grants. Moreover, we note that transparency and the shared responsibility model could empower patent offices and incentivize third-party participation in the patent examination process.
Primary Data
- No primary empirical data.
Assumptions
- The current inefficiencies in the patent system are primarily due to centralization.
- Distributed ledger technologies can effectively decentralize patent-related processes.
- The introduction of third-party participation in patent examination will enhance patent quality.