About the Authors

  • The Authors and Contributors of "Patent Docs" are patent attorneys and agents, many of whom hold doctorates in a diverse array of disciplines.
2018 Juristant Badge - MBHB_165
Juristat #4 Overall Rank

E-mail Newsletter

  • Enter your e-mail address below to receive the "Patent Docs" e-mail newsletter.

Contact the Docs

Docs on Twitter


Disclaimer

  • "Patent Docs" does not contain any legal advice whatsoever. This weblog is for informational purposes only, and its publication does not create an attorney-client relationship. In addition, nothing on "Patent Docs" constitutes a solicitation for business. This weblog is intended primarily for other attorneys. Moreover, "Patent Docs" is the personal weblog of the Authors; it is not edited by the Authors' employers or clients and, as such, no part of this weblog may be so attributed. All posts on "Patent Docs" should be double-checked for their accuracy and current applicability.
Juristat_165
Juristat #8 Overall Rank

Pharma-50-transparent_216px_red

« Professor Sarnoff Provides His Perspective on Tillis Bill | Main | IPO Webinar on Diversifying the Patent Bar »

August 09, 2022

Comments

Thanks as usual to Kevin for the thoughtful and cogent responses. It will take more time to respond fully. I will, however, note that the data cited by Kevin is mostly old, although I always respect the work of Sampat and Williams. But if we are addressing old data, the Walsh, Arora, Cohen study from 2003 showed widespread infringement (at least by researchers). As summarized by the NAS, "Significantly, 'firms and other institutions have developed a number of "working solutions" that limit the effects of the intellectual property complexities
that exist,' including 'fairly pervasive infringement of patents in the course of laboratory research at the pre-product stage.'” Obviously, eliminating such "fairly pervasive" illegal infringement by making it legal would not have changed investment behavior. Further, how much it applied to diagnostics provision -- rather than R&D that went into diagnostics use -- was not addressed. How much those conditions had changed just prior to Myriad, Mayo, and Alice also remains uncertain. But it puts a very different spin on the conclusion of Sampat and Williams that human DNA patents did not adversely affect follow-on R&D. So as usual, there is a much more complicated story to tell. But at least Kevin has provided responses purporting to address both investment declines and actual innovation declines. Thanks!

“Kevin posits that Mayo (and implicitly Myriad) have adversely affected innovation in diagnostic methods… [b]ut the data shown below tell a different story in regard to whether the restrictions on eligibility have been bad for innovation.”

At the risk of betraying my appalling density, what “data” about innovation are you referencing? The quoted selection from AMP offers no data about innovation. The cited survey results speak to perceptions about freedom to operate, not innovation. What am I missing here?

The comments to this entry are closed.

November 2022

Sun Mon Tue Wed Thu Fri Sat
    1 2 3 4 5
6 7 8 9 10 11 12
13 14 15 16 17 18 19
20 21 22 23 24 25 26
27 28 29 30