The first exclusively online law review.

Tag: Patents

Use of § 112(a) rejections on antibody patents

Use of § 112(a) rejections on antibody patents

By Katy Pearson

A patent property right gives the patentee the “right to exclude others from making, using, selling, offering for sale, and importing the invention into the country [for a statutory period of time].”[1] The quid pro quo for a private right to exclusion is that the patentee provides “a clear and enabling disclosure” of the invention to the public “for the benefit of society.”[2]

Patents over Patients: How Pharmaceutical Companies use the Patent System to Keep Drug Costs High

Patents over Patients: How Pharmaceutical Companies use the Patent System to Keep Drug Costs High

By Kaitlin Carroll

The United States is in a drug-pricing crisis.[1] One in four Americans report that they simply cannot afford to take their medication as prescribed.[2] Part of what has led to this crisis is the pharmaceutical industry’s manipulation of the patent system to keep generic alternatives from entering the market.[3] Once generic brands enter the market, drug prices can drop by up to 90%.[4] However, drug manufacturers have been manipulating the patent system to extend their monopolies for years, namely through the use of patent thickets and pay-for-delay agreements.[5]

Powered by WordPress & Theme by Anders Norén