Tragedija slovenskega nacionalnega patentnega sistema

Abstract

The current Slovenian national patent system is supposed to provide incentives for innovation activity in the Slovenian economy while preventing the granting of unjustified monopolies, but the question arises whether this is the case. An empirical study shows that only 12% of patents filed with the Slovenian Intellectual Property Office are still valid nine years after the patent application, which could be a direct consequence of the current legislation. This de facto legitimises the examination of novelty only nine years after the filing of the patent application, by obliging the patent holder or the holder of an exclusive right under a patent to submit written evidence to the Office, no later than the end of the ninth year of the patent term, that the patented invention meets all legal requirements. Such a rule is not only unique in the entire European Union, but also contradicts all previous findings of economic science, is a source of inefficiency, gives unjustified monopolies, and creates undue incentives for opportunistic patent applications.

Keywords

• slovenian national patent system
• innovation
• unjustified monopolies
• economic efficiency