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Expanding the second-tier rights to all inventions allows big firms to game the system --- collapses protections for small and medium-sized firms

Suthersanan ‘18

(Dr. Uma Suthersanen, Chair in International Intellectual Property Law, Centre for Commercial Law Studies, Queen Mary, University of London, United Kingdom“Utility models: Do they really serve national innovation strategies?,” pg online @ https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3139963 //pa-ef)

Indeed, there is a reasonable concern that larger market players may use utility models as a means of circumventing the more stringent criteria under the patent system and overuse the system in ways that make it hard for SMEs to compete. Certainly, the lack of substantive examination prior to grant will give rise to uncertainty for third parties when conducting infringement searches to ascertain what valid rights exist in a particular field of technology, which may act as an additional barrier to competitors and lead to abusive behaviour by foreign applicants.

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