Trying to rationally address hot button issues in an election year is always a dangerous proposition. That’s particularly true as we approach what promises to be one of the nastiest political years in history. Because so much time will be taken up campaigning, for legislation to pass it needs to get moving soon. It shouldn’t be long before we know whether anything meaningful will happen with attempts to reduce the costs of drugs, where intellectual property rights are in the crosshairs. Let’s keep our fingers crossed that, if action is taken, it’s based on careful consideration of all the related issues rather than raw emotion. While this may be wishful thinking, several thoughtful new articles contain important warnings against jumping down some of the beckoning gopher holes. Critics of the Bayh-Dole Act, which provides the incentives of the patent ownership to commercialize federally funded inventions, claim that the government is developing drugs from its R&D and giving them to companies that then make “obscene profits.”Despite numerous rebuttals, this red herring is continually deployed as the justification for the government setting the price of drugs coming out of public/private sector partnerships.
- Perryman PTAB Study for Unified Patents Leaves Out Half of the Story
- Patents are from Mars, Trade Secrets are From Venus
- The Rise of Australia’s Small Boutique Patent and Trademark Firms
- Tech Companies Should Strongly Consider Monetizing Their Patent Portfolios During the Economic Downturn
- (Not) Copyright Infringement: Is dbrand Infringing Nintendo’s IP?
- The Re-Written American Axle Opinion Does Not Bring Peace of Mind for Section 101 Stakeholders
- Federal Circuit Clarifies That Standard-Essentiality is A Question for the Factfinder
- Other Barks & Bites for Friday, August 7: USPTO Increases Fees for Patent Filings and AIA Trials, State AGs Ask HHS to March-In on Remdesivir, CAFC Denies American Axle Rehearing
- No, You Can’t March in On Remdesivir
- Google v. Oracle Perspective: Google’s Android ‘Cheat Code’ was to Copy Oracle’s Code