The Patent Thicket Threat to Innovation: The Role of Skilled Patent Examination in Patent Grants.

Abstract

The study analyzes intellectual property laws and their impact on innovation, focusing on the consequences of excessive patenting or "patent thickets," where multiple overlapping patents complicate research and innovation. It reviews the criteria for patent grants, and assesses how skilled patent examinations may contribute to a balanced patent system that fosters competition and technological advancement. This was with a view to providing critical policy intelligence for the prevention of unnecessary patent proliferation, thus ensuring that only genuine innovations receive protection. The study used a content analysis methodology. Findings show that while intellectual property rights incentivizes innovation, an excessive number of patents in a field can create legal and financial barriers, discouraging further research, increase litigation risks and hinder market competition. However, a well-implemented patent examination process helps filter out non-innovative patents, reduces unnecessary complexities and supports genuine innovation. The article argued that an effective patent system relies on skilled examiners to ensure that intellectual property rights serve as a catalyst for technological progress rather than an obstacle, and concluded that strengthening patent examination processes can prevent the over-proliferation of patents, maintain fair competition, and promote sustainable innovation in research and product development.

Suggested citation

, Enobong Ogundari (2024). The Patent Thicket Threat to Innovation: The Role of Skilled Patent Examination in Patent Grants. African Journal of Science Policy and Innovation Management , 5(1). https://doi.org/10.69798/73431759

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