A state of grace

A grace period would give German inventors more flexibility to deal with different rules set by scientific publications and patenting procedures, and allow them to seek patent rights without the fear of prior disclosure, as Michael Kahnert of BIO Deutschland reports.

Germany is a hub of innovation. The level of scientific and technological performance is very high, thanks to an excellent research landscape and the highest number of innovative enterprises in the EU. However, Germany is falling short of its potential when it comes to leveraging technology to create new products. Germany has not become less competitive in the race for innovation, yet other countries are proving to be far more dynamic.

The creation of framework conditions that foster innovation is therefore crucial to Germany’s success in the international competition to attract business investment. First and foremost is the quick translation of advancements in research and technology—in key areas such as biotechnology—into market advantages for the companies behind the innovations. This requires a competitive model of patent law, particularly at the EU level, that strengthens patent protection while countering intellectual property violations such as counterfeiting and patent infringement.

An often neglected component of an innovation-friendly patent law is to secure results from basic research for real-world applications. Inventors often make novelty-destroying disclosures before the filing date because scientific research goals such as the fast publication of research results come up against the requirement of patent law to keep inventions confidential before the patent application.