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WIPO would agree – past efforts show they support member states increasing their own patent protection

Kappos 19 an attorney and former government official who served as Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office from 2009 to 2013. Kappos is currently a partner at New York law firm (06-24-2019, David Kappos, “3 ways to improve the patent system and protect inventors,” World Economic Forum, https://www.weforum.org/agenda/2019/06/ways-to-improve-the-patent-system-and-protect-inventors/)

For many developing countries, the promise of innovation-fueled economic growth remains unfulfilled. Even with well-established intellectual property systems in place, few local innovators benefit. Instead, patent grants to foreigners far outnumber those to local applicants, despite a strong local innovative culture.

Patents drive value creation for individual inventors and small enterprises that can help these countries grow. They attract investment. And they provide protection when small firms need to collaborate with third parties to implement their vision. Without access to patents, innovators find themselves at palpable disadvantage in the market. When these inventors cannot compete, we are all deprived of their innovation.

More than 80% of the world lives in less developed regions, which means most of us live in places where securing patents remains a real struggle. And yet, none of us can predict the source of the next breakthrough. Even more so in the face of the Fourth Industrial Revolution and the large-scale democratization of data it brings with it. We therefore have a global imperative to unlock all of humanity’s ingenuity. This cannot happen without empowering inventors to protect the fruits of their imagination.

Creating an environment where inventors thrive requires an emphasis on innovation infrastructure. Inventors excel at solving problems, but generally lack the legal training to navigate the patent system. A sustainable innovation ecosystem needs to connect genius with legal expertise. Together, these two disciplines must aim to secure protection that enables success on a global scale. Without this conscious focus, the job creation and economic growth that have the potential to flow from a nation’s brilliance are likely to go unrecognised.

1. Translate ingenuity into intellectual assets

In many developing countries, the share of patents granted to locals is far lower than the level of innovation in the country. Why? Few inventors get the professional support they need to secure critical assets. Instead, they usually represent themselves before their local patent office due to their limited means and the cost of hiring a specialist. Discouraged by the complexity of the patent grant procedure, they give up in the early stages of the process - and their inventions never get evaluated on their merits.

Recognising the importance of patents to progress, some countries are playing an active role to ensure that great ideas can be transformed into intellectual assets. Five countries – Colombia, Ecuador, Morocco, South Africa and the Philippines – are making this happen through the Inventor Assistance Program (IAP). The programme, led by the World Intellectual Property Organization (WIPO) in cooperation with the World Economic Forum, levels the playing field for inventors by matching them with patent experts who offer their legal services at no cost. For many inventors, the IAP offers the only hope to protect their inventions.

2. Build a local patent profession

Without highly skilled professionals, few inventors in developing countries will protect their ideas with patents. But not all countries have established patent professions, particularly in the absence of clear demand. In other countries, patent professionals build their practices focused on serving foreign clients. Normally, another professional drafts the patent application and directs the technical and legal strategy for the entire resulting patent family. This requires a much narrower skill set than needed to support local inventors.

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