Law Commons^™

In The Wake Of Enzo: The Impact Of The Federal Circuit’S Decision On The U.S. Life Science Industry

San Diego Law Review

The United States spends more on health care than any other country in the world.The U.S. Patent and Trademark Office (PTO) helps drive health care costs higher by awarding monopolies to scientific researchers whose inventions meet the requirements dictated by Title 35 of the U.S. Code.3 Once the PTO awards such a monopoly, the inventor is the only party legally entitled to make, use, or sell the invention in the United States. Though monopolies are thought to impair competition, under the U.S. system these exclusionary rights are the rewards an inventor earns in exchange for enriching the pool of publicly …