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Health Law and Policy

Cleveland State University

1994

Healthcare

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Full-Text Articles in Law

Patents In Health Care - Subsidy And Victimisation?, Michael Henry Davis Jan 1994

Patents In Health Care - Subsidy And Victimisation?, Michael Henry Davis

Law Faculty Articles and Essays

In theory, a patent provides a monopoly over a product or a process in return for the disclosure of an inventive discovery. In practice, however, it is an indirect form of government intervention in healthcare which carries enormous calculable costs but whose benefits are entirely a matter of faith. It is ironic that in healthcare of all areas, where the guiding principle is the application of the scientific method, extraordinary investments are made in a system which so far has not been subjected to any scientific test.