Anmerkungen:
In: Paper presented at the European Policy for Intellectual Property (epip) Conference, Pembroke College, Oxford, September 2016 Session C1, Patent misuse
Nach Informationen von SSRN wurde die ursprüngliche Fassung des Dokuments August 15, 2016 erstellt
Beschreibung:
Litigated pharmaceutical patents are a valuable source of data on how much inventiveness is required for a patent grant and what are the costs of patents. Although innovation is central to economic growth and the competitiveness of firms, there are few data about either the cost of granted patents or the quantum of inventiveness required for a patent. Two cases of litigated pharmaceutical patents allow investigation of two types of ‘evergreening’ patents – new formulations and closely related chemical variants. Both lead to higher health costs, and in some cases these can be substantial. Both types of evergreening patent point to the very low standard of inventiveness required for patent grant. Although the data refer to Australia, there are implications for patent policy in other jurisdictions too