Patent Reform: Issues in the Biomedical and Software Industries

Abstract

Biotechnology Law ReportVol. 27, No. 2 TextsPatent Reform: Issues in the Biomedical and Software IndustriesPublished Online:7 Apr 2008https://doi.org/10.1089/blr.2008.9980AboutSectionsPDF/EPUB Permissions & CitationsPermissionsDownload CitationsTrack CitationsAdd to favorites Back To Publication ShareShare onFacebookTwitterLinked InRedditEmail AbstractCongress has shown interest in reform of the existing patent system. This attention to patent policy reflects a recognition of the increasing importance of intellectual property to U.S. innovation. Patent ownership is perceived as an incentive to the technological advancement that leads to economic growth. As such, the number of patent applications and grants has grown significantly, as have the type and breadth of inventions that can be patented.Along with the expansion in the number and range of patents, there are growing concerns over whether the current system is working efficiently and effectively. Several recent studies recommend patent reform. Other experts maintain that major alterations in existing law are unnecessary and that, while not perfect, the patent process can, and is, adapting to technological progress. Several bills (e.g., H.R. 1908 and S. 1145) have been introduced in the 110th Congress that would make significant alterations in current patent law.At the present time, the patent laws provide a system under which all inventions are subject to the same requirements of patentability regardless of the technical field in which they arose. However, inventors and innovative companies in different industries tend not to hold identical views concerning the importance of patents, reflecting varying experiences with the patent system. Innovators in biomedical industries tend to see patent protection as critically important as a way to prohibit competitors from appropriating the results of a company's research and development efforts. Typically only a few, often one or two, patents cover a particular drug. In contrast, the nature of software development is such that inventions often are cumulative and new products generally embody numerous patentable inventions. As a result, distinct industries may react differently to patent reform proposals under consideration by the 110th Congress.This report will be updated if events warrant such action.FiguresReferencesRelatedDetailsCited bySoftware Patents, Inventors and MobilitySSRN Electronic Journal Volume 27Issue 2Apr 2008 InformationMary Ann Liebert, Inc.To cite this article:Patent Reform: Issues in the Biomedical and Software Industries.Biotechnology Law Report.Apr 2008.153-161.http://doi.org/10.1089/blr.2008.9980Published in Volume: 27 Issue 2: April 7, 2008PDF download