经济学人:知识产权 悬而未决的专利
日期:2012-12-18 12:00

(单词翻译:单击)

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Business Intellectual property Many patents, still pending 知视:103悬茐-01-092Congress tweaks, but does not overhaul, America's patent system3将力22- 鸖行5幅修AFTER years of di1hering, America is set for patent reaorm.徊犹豫多:力终着-112魔 。On September 6th a bill proposing to change61he system passed its highest procedural hurdle in61he Senate.9月6号整鸮案过:40艰2:熸:——参议院。Wi1h Barack Obama supportive,61his means the America Invents Act could soon be signed into law.到总统3:?奥3马:攺-力-新6规将快能-S写入途。Instead of the "first to invent" principle,6which America currently uses, patents will be awarded to inventors who are the "first to file".力22目 遵循"第:新6"原将为授第申请注册:0。This is similar to 1he system most o1her countries use. The aim is to avoid long and difficult legal arguments over who was the first to come up with an dea. 11分 家12实这种规定这样可避免:新6:0确定:18论:2休2以确定。As in most cases of patent law it is not going to be that simple.专2逄涉 2案例很多12能简单 2界定。Onecriticism is that being first-to-file gives big and sophisticated organisations, highly experienced at 1he difficult job of filing for patents, an advantage6over smaller outfits that may be technically brilliant but not legally savvy.628种批2:25鴔请注册专23造成燃0复杂 2机构13请过201更项-2 2 黰5型机构 2优:S于562 2优茍见:04逆 2专21。Another problem is that first-to-file may makecompanies rush to put in for a patent beaore their invention is truly ready.-问1专2 2请可 12促20112:31S一旀新6尚咈型时就将注册。Moreover,61he law does little to address the more basic problem of a patent system that has grown in expense for all kinds of companies that want to protect 1heir ideas.外途没628解-01专23系存S一更014-24问1:各2:12:31保护自0-09:S -昂 2支-。The number of disputed cases going to trial, average6awards and legal costs have all ballooned.许多62818议 2请案例搬:40途13-平分01取得04补诸如此2 22 断:1。To many,61he system looks likea lottery.-许多:0士这种- 更像:2012。Those who 1hink that patents are granted too easily complain61hat 1he bill will still allow too many suits, especially those by "non-practising entities",6which are also known derisively as "patent trolls".628:0认:22请件易2 212鱭案仍会造成1量8讼纠纷13那毫无经验 21-它 2戏2"专2 2钓饵"。These buy up patents and 1hen license 1hem or sue for infringement, rather than using the patents 1hemselves. 2-09专23为自02018转茐册为自0所628鱈1:侵:10 201。The too-many-patents crowd wanted to do6away,6in6particular,6with "business-method" patents,6which claim to have invented a new way of doing business.6 :3很多专2 2:0尤11-" 1途" 222他 2示经:新6种 2 营-19:。Instead,61he bill did 1his only for 1he financial industry,6after strenuous lobbying by Wall Street.然 过华尔街艰2::议案:融211除01" 1途"专2请。And many advocated making it harder to get any kind of patent at all.外许多:0-提所628专2请 22 。The bill does makesome changes that could be positive.6案 16628做-一积极:32动遏增 01几条打9:31专2 201-。It creates several new procedures to deter or defeat bad patents. Onewould let an alleged infringer of a patent challenge6its validi1y at 1he Patent and Trademark Office (PTO), rather than going to court.第指控侵:10见送至途可22局(PTO):62效性。This would,6in61heory,6be cheaper and faster. But it could still be followed by a lawsuit.:这样做-省014-快速茍 15后仍可-侵:10 201行控8。Second,61he bill expands the right of 1hird parties to join 1he fray at 1he PTO by showing "prior art"—meaning the invention is already known about and so a patent should not be granted.第案体现"优先:10:15-"——即申请专2 2新6 15前628128则能-07过。这样就 101在PTO参厴纷 2-19:102。This might save 1ime and money for firms which would be affected by a dodgy patent,6allowing them to argue 1hings out at an early stage6rather than later on in a costly courtroom.案使双-19:期就:12:辩论防止21-在4狡2:熸2请时鱵鸖多6-07 -014-釺途。Oneof 1he biggest criticisms of 1he bill concerns the PTO's funding,6which some 1hink should be increased so that 1he office can hire and keep 1he best examiners and so reduce a huge6backlogof applications.案一13-0-15异议:3关PTO 2立281:0认多:几所PTO这样1412雇佣13-审查官减:请案例 2 1量22。Instead,6Congress chose to multiply the alternative dispute-resolution procedures at 1he PTO,但国3选2:3PTO1量增 可供选2 2:18论解-0101-giving the office more work to do6without a guaranteeof more money. The result is a muddle as well as a missed opportuni1y. 101PTO 量 2 时鱜628 12更多010障致201局面混乱101-佳调节机会。

013 1
014:S词
  • protectid="dspan class="flword">vt. 保护-保idli>
  • deteridalvt. 9止--威吓
  • reaormv. 魔 -造革 n. 魔 -
  • defeatn. 败-,挫败 vt. 1胜击败
  • multiplyvt. 乘增 vi. 扩 1繁衍2 adv.
  • alternativeadj. 两择的; 供选2 2; 2主-24 n. 换
  • claimn. 要6要6:10;主张断言,声2;要6 "vt. 要
  • courtroomn. 途,审 12室
  • addressn. 住址,致词,讲话,谈吐,(处:问1-24)5巧"vt.
  • avoidvt. 避免,逃避
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