On March 23, 2010, President Obama signed into law the Biologics Price Competition and Innovation Act of 2009 (‘BPCIA’) to create an abbreviated approval pathway for generic ‘biological products’ that are demonstrated to be highly similar (i.e., biosimilar) to or interchangeable with an...

Pharmaceutical drugs are often hailed as the poster child for the proposition that patents foster accelerated rates of innovation. This sentiment stems, in large part, from the belief that pharmaceutical research and development (R&D) entails significant costs and resources. I argue that if the...

Does U.S. patent law increase the competitiveness of U.S. firms in global markets? This Article argues that, contrary to the beliefs of many U.S. lawmakers, U.S. patent law currently undermines the ability of U.S. firms to compete in global markets because strong U.S. patent rights actually...

In this article, we present a case study about the potential for new technology paradigms to drive intellectual property regimes towards obsolescence. The subject of the study, plant variety protection, is a little-understood intellectual property regime that mixes copyright and patent concepts....

Patent trolls (or sharks) are small patent holding individuals or firms who trap R&D intense manufacturers in patent infringement situations in order to receive damage awards for the illegitimate use of their technology. While of great concern to management, their existence and impact for both...

The current patent system is muddied with manifest muck. Even those that revere its relevance for R&D intensive sectors such as pharmaceutical drugs, admit of its various failings, particularly when it comes to incentivising research into neglected diseases. A number of alternative innovation...