Patent Pooling: A Tool to Resolve the Problem of Thickets

Date

2010-04

Authors

Journal Title

Journal ISSN

Volume Title

Publisher

Abstract

The presentation expands on the concept of “thickets” in Intellectual Property Rights such as when a company obtains multiple patents associated with a product, process, or formulation “during and towards the end of the protection period of the base patent, with the aim of keeping generics off the market beyond expiry of the first patent.” A disincentive to invest in R&D can result where there is a patent thicket. Patent-pools are suggested as a means to counter-balance the effects of thickets. Examples of successful patent-pools are provided.

Description

Keywords

PATENT POOLS, BIOTECHNOLOGY, INTELLECTUAL PROPERTY RIGHTS, COMPETITIVENESS, BIOMEDICAL RESEARCH, PHARMACEUTICAL INDUSTRY, GENERIC DRUGS, INDIA, SOUTH ASIA

Citation

Srivastava, N. (2010). Patent Pooling: A Tool to Resolve the Problem of Thickets [PowerPoint slides]. Proceedings of the Patent pooling and Access to Knowledge in Biotechnology, New Delhi, IN.

DOI