Open Access. Powered by Scholars. Published by Universities.®
- Publication
- Publication Type
Articles 1 - 2 of 2
Full-Text Articles in Law
Distorted Drug Patents, Erika Lietzan, Kristina M.L. Acri Née Lybecker
Distorted Drug Patents, Erika Lietzan, Kristina M.L. Acri Née Lybecker
Washington Law Review
Drug patents are distorted. Unlike most other inventors, drug inventors must complete years of testing to the government’s specifications and seek government approval to commercialize their inventions. All the while, the patent term runs. When a drug inventor finally launches a medicine that embodies the invention, only a fraction of the patent life remains. And yet, conventional wisdom holds—and empirical studies show—that patent life is essential to innovation in the pharmaceutical industry, perhaps more so than any other inventive industry. Congress tried to address this in 1984, authorizing the Patent and Trademark Office (PTO) to “restore” a portion of the …
Inclusive Patents For Open Innovation, Toshiko Takenaka
Inclusive Patents For Open Innovation, Toshiko Takenaka
Articles
The post-internet era has greatly affected commercial firms' innovation processes. The complexity and cumulative nature of emerging technologies under the post-internet era has made commercial firms reevaluate their innovation processes and has increased the role of individual innovators. Firms dealing with emerging technologies cannot make products without infringing on patents held by others, as their products are covered by numerous overlapping patents. Many of these firms work with individual innovators and embrace the open-source philosophy that ensures open access to technologies. These firms can no longer use patents for excluding others without risking infringement counterclaims, leading to the development of …