2019
DOI: 10.1111/1758-5899.12730
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Is the Patent System a Barrier to Inclusive Prosperity? The Biomedical Perspective

Abstract: As patents grant monopolies, the patent system has a considerable impact on markets. When corporations use certain patent strategies, social welfare can be damaged. This article focuses on how corporations use patent strategies in the biomedical sector. Strategic patenting makes it possible to extend monopolies beyond the designated period and block competitors. Access to fundamental research can be restricted. Patients are disadvantaged by high monopoly prices for drugs, which can mean exclusion from treatmen… Show more

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Cited by 8 publications
(3 citation statements)
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“…In the article Is the Patent System a Barrier to Inclusive Prosperity? The Biomedical Perspective author Helen Gubby makes a bold claim: that ‘the whole biomedical sector should be taken out of the ambit of the patent system’ (Gubby, 2020). In support, Gubby points out the manipulative strategies biomedical companies use to ‘evergreen’ their patents, and thus their high monopoly prices.…”
mentioning
confidence: 99%
“…In the article Is the Patent System a Barrier to Inclusive Prosperity? The Biomedical Perspective author Helen Gubby makes a bold claim: that ‘the whole biomedical sector should be taken out of the ambit of the patent system’ (Gubby, 2020). In support, Gubby points out the manipulative strategies biomedical companies use to ‘evergreen’ their patents, and thus their high monopoly prices.…”
mentioning
confidence: 99%
“…Thus, while patents' importance varies greatly across industries, they are the typical output of applicationoriented types of R&D, and despite their weaknesses, they provide a good measure of innovativeness as they reflect the technological capabilities of firms [87]. In addition, apart from having a direct effect on the performance of firms, patents, especially when an increased number of them is granted in a particular market, can indirectly act as an entry barrier, deterring new firms from entering the market [81] as well as a mechanism to block competition [88]. In this vein, in order to fulfil our research aim, we will undertake a systematic review of granted patents based on [89] who propose a three-stage procedure, comprising planning, execution and reporting phases.…”
Section: Data Sources and Methodologymentioning
confidence: 99%
“…Moreover, with the argument that patent may stifle competition, there is a long-standing debate on whether patents hinder or promote innovation, with calls for a reduced degree of patent protection to provide access to inventions for public good, contrasting with the monopoly of patents in encouraging technological development (Gubby, 2020). Relatedly, the determination of the choice of language for patent applications, the patent specification, and the construction of patent claims contributes to a major challenge.…”
Section: Introductionmentioning
confidence: 99%