[PDF] Price Restriction On Patented Articles eBook

Author : Adam Mossoff
Publisher :
Page : 0 pages
File Size : 19,42 MB
Release : 2023
Category :
ISBN :

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The patent system is at the center of heated policy debates about drug prices, as some scholars and policy organizations claim that patents are a principal cause of rising drug prices. They propose price controls be imposed on drug patents to lower drug prices, and they claim federal agencies are authorized to do so by two federal statutes: § 1498 and the march-in power in § 203 of the Bayh-Dole Act. These price-control theories of § 1498 and the Bayh-Dole Act allege that Congress has already authorized federal agencies to break patents by imposing price controls on sales of patented products in the marketplace. This Article explains that these statutes do not authorize agencies to impose price controls on drug patents, as evidenced by their plain text and by longstanding judicial and agency interpretations of these two statutes. The price-control theories of § 1498 and the Bayh-Dole Act contradict the text and function of both statutes. Section 1498 is an eminent domain statute, applying only when a patent is “used by and for the United States.” This is not the case of a private company authorized by the government to sell a patented drug at a lower price than the drug innovator who owns the patent. Section 203 in the Bayh-Dole Act specifies only four delimited conditions when an agency may “march in” and license a patent without authorization by a patent owner. All address circumstances when a product is not available at all in the marketplace; price is not a specified condition. In sum, neither § 1498 nor the Bayh-Dole Act authorize a federal agency to impose price controls in private transactions in the marketplace between companies and consumers. There is a significant body of scholarship and policy work-product advancing the price-control theories of § 1498 and the Bayh-Dole Act, but these are policy arguments masquerading as statutory construction. It is time to lay these statutory myths to rest and to have a forthright policy debate.

Author : C. Bradford Biddle
Publisher : Cambridge University Press
Page : 379 pages
File Size : 34,8 MB
Release : 2019-06-27
Category : Business & Economics
ISBN : 1108426751

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Through a collaboration among twenty legal scholars from North America, Europe and Asia, this book presents an international consensus on the use of patent remedies for complex products such as smartphones, computer networks, and the Internet of Things. This title is also available as Open Access on Cambridge Core.

Author : World Intellectual Property Organization
Publisher : WIPO
Page : 44 pages
File Size : 34,93 MB
Release : 2018-04-30
Category : Law
ISBN : 9280526510

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This Guide aims to assist users in searching for technology information using patent documents, a rich source of technical, legal and business information presented in a generally standardized format and often not reproduced anywhere else. Though the Guide focuses on patent information, many of the search techniques described here can also be applied in searching other non-patent sources of technology information.

Author :
Publisher : Forgotten Books
Page : 122 pages
File Size : 33,12 MB
Release : 2019-01-27
Category : Reference
ISBN : 9780656928217

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Excerpt from Charges and General Information Relating to Patents: Including All the Principal Countries of the World The State may buy and use an invention which it deems useful, in the following countries; Patents for Communicated Inventions. - This is a strictly English procedure, and the practice is confined to Great Britain and a few of its Colonies. Importation of Patented Articles. - None of the principal foreign countries, except France, Canada, Tunis, Turkey and Peru, make any restrictions as to the imports, tion of patented articles. In Canada, unless an extension of time is procured, the patented article must not be imported by the patentee, or by others with his knowledge or consent, after the expiration of one year from the issue of the patent. In the other countries patented articles must not be imported at all except under special permit. Such permit may usually be obtained for the importation of a single model or sample, at 'a cost of about $10. France and Tunis now belong to the International Union, how ever, and citizens or subjects of countries belonging to the International Union may now import into these countries without restriction, but others are prohibited from so doing under the penalty of forfeiture of the patent. Marking of Patented Articles - It is not compulsory to place any mark upon articles to indicate that they are patented, except in Canada, where the Word Patented and the year of the date of patent must be stamped or engraved on each article, as Patented, 1887, or as the case may be; in Switzerland, where all patented articles must be marked with the Federal Cross (44) and the number of the patent, and in Mexico, where the word Patentado, the number and the date of patent must be marked upon all patented articles. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.