Cooperative patent federalism fails---uniformity is key to business investment and certainty

The principle of uniformity, often invoked as a justification for centralization, is widely recognized as desirable in various areas of law in the U.S., including the patent system. As John Duffy notes, "[t]he policy in favor of national uniformity in patent law has . . . ancient roots in the [U.S.'] law."241 A uniform patent institution offers simpler rules, enabling businesses to rely on its protections more readily. Indeed, a nationwide uniform patent system obviates the complexities that arise when navigating multiple state patent systems, and so facilitates business investment.242 Uniformity by central government legislation often creates economies of scale, allowing for the application of rules and regulations across a broader area.243 When compared to the centralized patent law in the U.S., it is easy to see that one challenge, at least in theory, facing the semi-decentralized patent system in China is that the presence of multiple province-level and city-level patent laws that local governments made can lead to inconsistencies and variations in protection, potentially creating confusion and unpredictability for inventors seeking to navigate the complex legal landscape. Inconsistency and unpredictability can increase the cost of operations244 for both administrative agencies and private businesses.245