Levers in a Specific Industry—Biotechnology

in The Patent Crisis and How the Courts Can Solve It

Published by University of Chicago Press

Published in print May 2009 | ISBN: 9780226080611
Published online March 2013 | e-ISBN: 9780226080635 | DOI:
Levers in a Specific Industry—Biotechnology

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This chapter presents preliminary assessments of the economics of biotechnology, and describes how policy levers can and do apply in biotechnology. Taking the biotechnology industry as the case study, it examines the use—and perhaps the misuse—of patent tailoring by the courts. The courts in the monoclonal antibody cases made implicit policy judgments designed to encourage patenting, tweaking the legal doctrines to achieve what seemed to be desirable results for innovation. It is suggested that the risk of anticommons in biotechnology patents remains a concern, and can be best avoided by proper modulation of obviousness and disclosure. As biotechnology changes and develops, the availability of additional policy levers will be important to tailor patent law to its changing innovation profile.

Keywords: biotechnology; policy levers; patent tailoring; courts; monoclonal antibody; policy judgments; anticommons

Chapter.  5636 words. 

Subjects: Intellectual Property Law

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