Fixing the U.S. Patent System to Realign Biopharm Incentives

Fixing the U.S. Patent System to Realign Biopharm Incentives

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There is little doubt that the way intellectual property is viewed and protected has transformed over the last 18 years, at least in the eyes of those who strategically appreciate both the importance and limitations of rights available today.

The patent system our government has created over the last decade incentivizes stealing patent rights rather than engaging in an arm length negotiation. And every branch of government and all of its institutions have at one time or another contributed to a deep malaise over most of the last generation. The favoring of those who engage in copying is antithetical to basic, fundamental principles embedded throughout American law. And it is deeply troubling to watch decades of well-established precedent whimsically altered in a retroactive way. There seems to be no appreciation for the fact that innovators acted in then responsible ways to protect important innovations according to the then well-established rules of the game. Changing the law with retroactive application seems entirely contrary to fundamental notions of due process and fairness.

Join Gene Quinn and Sherry Knowles for a conversation relating to the upending of patent laws within the biopharma sector, and what needs to happen to realign incentives to maximize life sciences innovations.

Materials

Time to Fix U.S. Innovation Policy to Ensure We’re Prepared for the Next Pandemic

Fixing the patent system requires a return to strong patent rights

Supreme Court denies cert. in Sequenom v. Ariosa Diagnostics