FDA Exclusivity-An Incentive for Drug Research?

Known substances can be useful medical treatments. But there maybe no market incentive to conduct necessary research and development to prove the benefits. There also may be no incentive to seek regulatory approval. FDA market exclusivity may provide this incentive without change in US patent laws.

Fair Use of Software

  Introduction: Google v. Oracle:  Does Google have the right to verbatim copy 11,000 lines of copyrighted Java SE code?  If yes, then how will a small software developer’s original software be protected from “rip-off”?  What is fair use of software?  See my post on the Google dispute and “fair use”.  This is supposed to…

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Patentability Swamp

Introduction I have recently posted a blog of mechanical device patents becoming ensnared in the patentability swamp.  The swamp is the ineligibility of patenting “natural laws”, “natural phenomena” and “abstract ideas”.  This has followed the adverse rulings for patenting medical procedures and business methods. There has been another shift in the ground underlying this swamp.  Further guidance was issued from the USPTO…

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Introduction What is a patent?  Simply stated, a patent is the exclusive right to prevent others from making, using or selling the invention or things made using the invention. Surprising?  See the following discussion. Discussion Technically, a patent does NOT give you the right to make use or sell the products of your invention since…

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