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research article

Decentralising the patent system

de Rassenfosse, Gaetan  
•
Higham, Kyle  
April 1, 2021
Government Information Quarterly

Modern patent systems are slow, inefficient, expensive, and may result in outcomes that actively harm technological progress. This paper proposes a substantive re-think of these systems and lays a foundation upon which practical solutions can be built. Many solutions proposed in the past, such as prior-art bounties, outsourced examination, and dynamic fee setting, have gone unheeded due to the cost of administering them and the rigidity of the patent system. We explore how distributed ledger technologies (DLTs) enable these major changes by altering the way stakeholders are able to interact with the patent records system. We find that transitioning to a DLT-based patent records system can enable many previously suggested improvements to current patent systems in a flexible, scalable, and transparent manner. The case for such a transition is strengthened when jointly considering the complex but common roots of problems facing modern patent systems, rather than a balkanised set of technical solutions to address each issue independently. Noting that a DLT-based system is not a panacea, we also provide comment on the political, legal, and organisational challenges that must be overcome for such changes to be implemented at scale.

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Type
research article
DOI
10.1016/j.giq.2020.101559
Web of Science ID

WOS:000634786100012

Author(s)
de Rassenfosse, Gaetan  
Higham, Kyle  
Date Issued

2021-04-01

Publisher

ELSEVIER INC

Published in
Government Information Quarterly
Volume

38

Issue

2

Article Number

101559

Subjects

Information Science & Library Science

Editorial or Peer reviewed

REVIEWED

Written at

EPFL

EPFL units
STIP  
Available on Infoscience
April 24, 2021
Use this identifier to reference this record
https://infoscience.epfl.ch/handle/20.500.14299/177535
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