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The Global Governance of Knowledge
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  • 7 tables
  • Page extent: 368 pages
  • Size: 228 x 152 mm
  • Weight: 0.7 kg
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 (ISBN-13: 9780521195669)

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The Global Governance of Knowledge
Cambridge University Press
9780521195669 - The Global Governance of Knowledge - Patent Offices and their Clients - By Peter Drahos
Frontmatter/Prelims

The Global Governance of Knowledge

Patent offices around the world have granted millions of patents to multinational companies. Patent offices are rarely studied and yet they are crucial agents in the global knowledge economy. Based on a study of forty-five rich and poor countries that takes in the world’s largest and smallest offices, Peter Drahos argues that patent offices have become part of a globally integrated private governance network that serves the interests of multinational companies. He shows that the Trilateral Offices of Europe, the USA and Japan make developing-country patent offices part of the network through the strategic fostering of technocratic trust. By analysing the obligations of patent offices under the patent social contract and drawing on a theory of nodal governance, the author proposes innovative approaches to patent office administration that would allow developed and developing countries to recapture the public spirit of the patent social contract.

Peter Drahos is a professor at the Regulatory Institutions Network in the Australian National University and holds a Chair in Intellectual Property at Queen Mary, University of London.


The Global Governance of Knowledge

Patent Offices and their Clients

Peter Drahos


CAMBRIDGE UNIVERSITY PRESS
Cambridge, New York, Melbourne, Madrid, Cape Town, Singapore, São Paulo, Delhi, Dubai, Tokyo

Cambridge University Press
The Edinburgh Building, Cambridge CB2 8RU, UK

Published in the United States of America by Cambridge University Press, New York

www.cambridge.org

Information on this title: www.cambridge.org/9780521195669

© Peter Drahos 2010

This publication is in copyright. Subject to statutory exception and to the provisions of relevant collective licensing agreements, no reproduction of any part may take place without the written permission of Cambridge University Press.

First published 2010

Printed in the United Kingdom at the University Press, Cambridge

A catalogue record for this publication is available from the British Library

Library of Congress Cataloguing in Publication dataDrahos, Peter, 1955–The global governance of knowledge : patent offices and their clients / Peter Drahos.p. cm.ISBN 978-0-521-19566-9 (hardback)1. Patent laws and legislation. 2. Globalization. I. Title.K1505.D73 2010346.04′86–dc222009042030

ISBN 978-0-521-19566-9 Hardback
ISBN 978-0-521-14436-0 Paperback

Cambridge University Press has no responsibility for the persistence or accuracy of URLs for external or third-party internet websites referred to in this publication, and does not guarantee that any content on such websites is, or will remain, accurate or appropriate.


To Julie


Contents

List of diagrams and tables
xi
List of abbreviations
xii
Preface
xiv
1       Patent offices and the global governance of knowledge
1
The patent ocean: Kiribati
1
Global patent governance
3
Definitional clarifications
5
Patents as private taxation
7
Collective action, co-evolution and diffusion: explaining the changes in patent office administration
10
Patent offices: the business model approach
18
Disclosure and social value: two versions of the patent social contract
27
The duties of the patent office
33
The fieldwork trail and some findings
38
‘Invisible’ patent harmonization and why patent offices matter
47
2       Labyrinths and catacombs: Patent office procedure
55
Welcome to the maze
55
Filing routes
56
A procedure, another procedure and yet more procedures
60
Grant procedure
64
Patent quality
69
The dark heart of complexity: patent claims
79
3       The rise of patent offices
91
Patent statutes
91
Monopoly privileges
92
Procedures for the grant of monopoly privileges
94
The gap between patent law and patent administration
105
The rise and spread of patent administration
110
4       The Sun and its planets: The European Patent Office and national offices
114
Europe’s national patent offices
114
The birth of the European patent system
117
The European Patent Convention
122
Funding and fees at the EPO
124
Surf’s up: PCT waves
128
The EPO and national patent offices: from centralization to cooperation and competition
130
Technical assistance and technocratic trust
134
The effects of technocratic trust
138
The echoes of empire
142
5       The USPTO and JPO
144
The USPTO
144
The US patent system in the blink of an eye
144
The problems in 1845
149
The problems today
152
Gaming behaviour
155
Patent fees
158
In whom do we trust?
159
The Japanese patent system: from diffusion to monopoly rights
162
Joining the club
164
On being a senior member of the club
167
Becoming an IP nation
171
Trust and automation
174
6       The age of Trilaterals and the spirit of cooperation
177
Trilateral cooperation
177
Overwork
180
The spirit of cooperation: the Patent Cooperation Treaty
181
The spirit of cooperation: companies and the PCT
183
On being an international authority
188
The Trilateral hub
189
Superhighways of cooperation
191
The superhighway elite: trust, cooperation and competition
193
The manual is the message
195
7       The jewel in the crown: India’s Patent Office
199
Integration
199
India: re-designing a colonial institution
200
The patent raj
206
India’s Patent Office: the jewel in the crown
207
Modernization
209
‘How can we win?’: India’s strategy on patents
212
From bright line rules to shades of grey
213
A patent-bright future?
217
8       The dragon and the tiger: China and South Korea
221
Patent law in the era of decline, rebellion and war.
221
Patents in communist China
223
Opening the door to patents
226
The great leap forward: the State Intellectual Property Office
230
The Asian Trilaterals
235
The tiger office
236
9       Joining the patent office conga line: Brazil
242
Brazil: the nineteenth century
242
Brazil the leader
245
Brazil’s Patent Office: ‘making the IP business much bigger’
250
10      Islands and regions in the patent stream
257
The force of empire
257
New empires
260
New missionaries
264
Regional automation
272
Regional patent organizations
274
One patent god
282
11      Reclaiming the patent social contract
285
A private insider governance network
285
A counter network of outsiders
290
The separation of powers principle
293
New insiders for insider governance
294
An external audit check
295
Taking transparency seriously
298
Transparency registers
304
‘The ticket clippers’: regulating the patent attorney profession
308
Examiners and patent quality
314
12      Patent administration sovereignty: Nodal solutions for small countries, developing countries
318
Sovereignty matters
318
Outsourcing the patent social contract
321
Centralized regionalization: making regulatory capture easier
324
Nodal governance
326
Public nodal governance in patent administration
332
Not raising one’s head above the parapet: lost opportunities in a world of nodal governance
336
Index
341



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