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Measuring Recovery: The Impact of Exempting the Pharmaceutical Industry from Patent Reviews

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  • Dean Baker

Abstract

This paper analyzes the impact of an amendment to Senate Bill 1137, offered by Senator Thomas Tillis, which would exempt patents related to pharmaceuticals and biological products from the Inter Partes Review (IPR) process. The IPR process was established in the America Invents Act, which was passed and signed into law in 2012. The process is intended to provide a quick and low-cost way in which dubious patent claims can be challenged by those who might be affected. In the first two years in which it was in place, almost one-third of challenged claims were canceled or removed according to data from the United States Patent and Trademark Office (USPTO). Based on this data, the paper argues that the IPR process appears to be an effective mechanism for quickly removing dubious patent claims before they impose major costs on the economy.

Suggested Citation

  • Dean Baker, 2015. "Measuring Recovery: The Impact of Exempting the Pharmaceutical Industry from Patent Reviews," CEPR Reports and Issue Briefs 2015-17, Center for Economic and Policy Research (CEPR).
  • Handle: RePEc:epo:papers:2015-17
    as

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    References listed on IDEAS

    as
    1. Ravi Katari, Dean Baker, 2015. "Patent Monopolies and the Costs of Mismarketing Drugs," CEPR Reports and Issue Briefs 2015-11, Center for Economic and Policy Research (CEPR).
    Full references (including those not matched with items on IDEAS)

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    More about this item

    Keywords

    patents; pharma; pharmaceutical; inter partes review; drugs;
    All these keywords.

    JEL classification:

    • I - Health, Education, and Welfare
    • I1 - Health, Education, and Welfare - - Health
    • I18 - Health, Education, and Welfare - - Health - - - Government Policy; Regulation; Public Health

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