About patenting inventions
Patents due to the high litigation costs have become a game for millionaires only, since, although the filing of a worldwide patent can cost around 100,000 Euros, legal costs for patent infringement defence per case are usually at least ten times greater than its registration costs. The defence of inventions through patents is prohibitive for individuals and small corporations since they cannot afford the high legal expenses for defending their patent rights.
The latest trends in western countries related to the patentability of chemical inventions require a detailed disclosure of the description of the invention, a clear description and disclosure of the chemical compositions, and if applicable the synthetic and/or formulation production processes. The old patentability standards, still used in some countries, where inventions could be half-hidden between non-optimal results and the invented compositions to protect them, no longer allow patentability in western countries such as the USA, Canada, UK, Germany, etc.
Since patent applications are published, any person or competitor can have access to inventions 12 -18 months after the filing date, since they become available on free internet patent databases. Since filing chemical patents requires full disclosure of chemical compositions, its disclosure makes possible the direct copy of the invention, specially in countries where the patent has not been granted.
Since global patent coverage is required to protect patent rights, in practice it is an impossible mission, since the disclosure of patents and of the invented compositions facilitates the "legal" copy of the inventions.
Most highly developed countries like USA, Canada, UK, Germany, etc. have gradually increased the minimum required standards for granting patents (full disclosure is a must), whilst in less developed countries patents are still granted for half-hidden inventions between non-optimal results and the invented compositions.
This lack of uniform or similar patent requirements among the different countries is against the inventor rights since a granted patent in a country can be rejected in another one.
On the other hand, it is very difficult to demonstrate patent infringement of chemical products, since in practice often the only possibility for proofing an infringement of patent rights is through compositional analysis of the competing products suspected of having caused the infringement. Another impossible mission.
While patents in principle should protect and facilitate the enforcing of patent rights, even granted patents are often found to be invalid in costly court proceedings.
The patent system is full of junk patents issued by the Patent Offices that are invalid. Strong intellectual property rights and reforms are needed to avoid junk patents and frivolous lawsuits, unending processes, and unpredictable uncertainty.
The patent system needs to be reformed to promote and ensure validity of granted patent rights and reduce the extremely high court litigation costs.
3Dresyns considers the existing patent system as an unviable way to defend its more than 50 potentially patentable inventions since its launching in 2017: an unaffordable patent mission for a start-up or scale-up company.
If 3Dresyns instead of focusing its efforts on developing new technologies had dedicated its resources to protecting them with patents, instead of 50 innovations it would have developed only a tenth of its inventive wealth since its creation in 2017.
3Dresyns considers the existing patent system undemocratic, as it is unaffordable for individuals and small businesses, limiting the patenting in practice to large corporations with enough resources to spend millions on frivolous litigation.
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