A senior lawyer at one of the world's biggest software manufacturers has called for the creation of a global patent system, making it easier and faster for corporations to enforce their intellectual property rights internationally.

Microsoft's Deputy General Counsel, Horacio Gutierrez, wants the changes to increase patent efficiency, and finalise the 3.5 million global patents currently pending.

"In today's world of universal connectivity, global business and collaborative innovation, it is time for a world patent that is derived from a single patent application," Mr Gutierrez wrote on his blog this week.

"A harmonised, global patent system would resolve many of the criticisms levelled at national patent systems over unmanageable backlogs and interminable pendency periods."

Microsoft's call for speed in patent systems comes soon after the company was prosecuted in Texas for patent infringement concerning its heavily used Word application.

The ruling was made on 12 August in a Texas court following a long-running dispute between Microsoft and Toronto based company, i4i.

An injunction was enforced prohibiting Microsoft from selling the software due to the XML language, created and patented by i4i, being accessible on 2003 and 2007 versions of their software.

But the injunction was lifted by the US Appeal Court this week, overturning the $300m (£190m) award given by Microsoft to i4i.

Rowlands has been informed that the injunction has not been lifted and the $300m award has not been overturned. The appeal court has granted a stay pending appeal and granted an early appeal. The appeal was heard in September and the parties are are now waiting for the appeal court to return its ruling.
- Thank you to Melony Jamieson for the correction.

Chris Hacking, Intellectual Property partner at Rowlands-Solicitors LLP comments that whilst undoubtedly there is some scope for improving the uniformity of patent administration throughout the World the problem which will always remain in terms of enforcement is that each country reserves to itself the sovereign right to have its own courts adjudicate on the issues of both infringement and validity. Unless a separate and quite distinct International Patents Court (perhaps along the lines of the European Patents Court) could be established there is little chance of materially expediting the enforcement process. Establishing such a new patents court would require a special treaty to be negotiated and implemented by all countries participating.......not an easy ask!!