Intellectual Property and Health Technologies [electronic resource] : Balancing Innovation and the Public's Health /
Brougher, Joanna T.author.
Intellectual Property and Health Technologies Balancing Innovation and the Public's Health   Joanna T. Brougher, Esq., MPH     At first glance, ownership of intellectual property seems straightforward: the control over an invention or idea. But with the recent explosion of new scientific discoveries poised to transform public health and healthcare systems, costly and lengthy patent disputes threaten both to undermine the attempts to develop new medical technologies and to keep potentially life-saving treatments from patients who need them.   Intellectual Property and Health Technologies grounds readers in patent law and explores how scientific research and enterprise are evolving in response. Geared specifically to the medical disciplines, it differentiates among different forms of legal protection for inventors such as patents, copyrights, trademarks and trade secrets, explains their limitations, and argues for balance between competing forces of exclusivity and availability. Chapters delve into the major legal controversies concerning medical and biotechnologies (deleted "in terms of pricing, markets, and especially the tension between innovation and access"), including:   The patent-eligibility of genes The patent-eligibility of medical process patents The rights and roles of universities and inventors The balancing of access, innovation, and profit in drug development The tension between biologics, small-molecule drugs, and their generic counterparts International patent law and access to medicine in the developing world   As these issues continue to shape and define the debate, Intellectual Property and Health Technologies enables professionals and graduate students in public health, health policy, healthcare administration, and medicine to understand patent law and how it affects the development of medical technology and the delivery of medicine.
Description based upon print version of record.
""Preface""; ""Acknowledgments""; ""Contents""; ""1 Introduction to Intellectual Property""; ""Introduction""; ""The Meaning of â€?â€?Intellectual Propertyâ€?â€?""; ""Types of Intellectual Property Protection""; ""Copyright""; ""Trademarks""; ""Trade Secrets""; ""Patents""; ""Requirements""; ""Underlying Theory of Intellectual Property""; ""Basis of Intellectual Property Law""; ""The U.S. Patent System""; ""United States Patent and Trademark Office""; ""Supreme Court""; ""Congress""; ""Summary""; ""References""; ""2 Obtaining, Enforcing and Defending Patents""; ""Obtaining Patent Protection""
""Patentable Subject Matter""""Utility""; ""Novelty""; ""Nonobviousness""; ""Written Description and Enablement""; ""Enforcement of Patents""; ""Types of Patent Infringement""; ""Determination of Infringement""; ""Remedies for Infringement""; ""Defenses""; ""Invalidity""; ""Inequitable Conduct""; ""Exhaustion""; ""Exhaustion and Self-Replicating Technologies""; ""Experimental Use""; ""Five Important Facts to Remember About Patents""; ""Summary""; ""References""; ""3 Gene Patents""; ""History of Gene Patenting""; ""Chakrabarty and the Rise of Gene Patents""; ""Chakrabartyâ€?s Legacy""
""The Harvard Oncomouse and the Patenting of Higher Level Life Forms""""The Current Controversy""; ""Public Health Implications""; ""Access to Medical Treatment""; ""Quality of Medical Treatment""; ""Innovation""; ""Summary""; ""References""; ""4 Medical Procedure Patents""; ""History of Medical Procedure Patents""; ""The Patent Law Compromise""; ""Who is Protected""; ""The Loophole for Medical Devices""; ""The Unenforceable Patent Right""; ""Medical Procedure Patents as â€?â€?Processâ€?â€? Under Section 101""
""A Possible Shift in the Trend: In re Bilski and the â€?â€?Machine or Transformationâ€?â€? Test""""Aftermath of Bilski""; ""Immunizations: Classen Immunotherapies, Inc. v. Biogen""; ""In Vitro Diagnostics: Prometheus Laboratories, Inc. v. Mayo Collaborative Services""; ""Diagnostic Testing: Myriad Genetics v. Association for Molecular Pathology (AMP)""; ""Public Health Implications""; ""Ethical Issues""; ""Academic Access""; ""Patient Privacy""; ""Access to Medical Treatment""; ""Impact on Innovation""; ""Infringement Liability""; ""Summary""; ""References""
""5 Rights and Roles of Universities and Inventors""""Researcher and Inventor""; ""Publish or Perish""; ""Determining Inventorship""; ""The Bayh-Dole Act: Stimulating Commercialization of University Research""; ""IP Policies and Assignment Provisions""; ""Stanford v. Roche""; ""Governmentâ€?s March-in Rights""; ""Effects of the Bayh-Dole Act""; ""Technology Transfer: Transferring University Technology to the Private Sector""; ""Summary""; ""References""; ""6 Drug Development: Managing the Patent and FDA Processes""; ""Overview of Drug Development""
""Reconciling Patent Protection with the Drug Development Process""
Includes bibliographical references and index.
Intellectual Property and Health Technologies Balancing Innovation and the Public's Health   Joanna T. Brougher, Esq., MPH     At first glance, ownership of intellectual property seems straightforward: the control over an invention or idea. But with the recent explosion of new scientific discoveries poised to transform public health and healthcare systems, costly and lengthy patent disputes threaten both to undermine the attempts to develop new medical technologies and to keep potentially life-saving treatments from patients who need them.   Intellectual Property and Health Technologies grounds readers in patent law and explores how scientific research and enterprise are evolving in response. Geared specifically to the medical disciplines, it differentiates among different forms of legal protection for inventors such as patents, copyrights, trademarks and trade secrets, explains their limitations, and argues for balance between competing forces of exclusivity and availability. Chapters delve into the major legal controversies concerning medical and biotechnologies (deleted "in terms of pricing, markets, and especially the tension between innovation and access"), including:   The patent-eligibility of genes The patent-eligibility of medical process patents The rights and roles of universities and inventors The balancing of access, innovation, and profit in drug development The tension between biologics, small-molecule drugs, and their generic counterparts International patent law and access to medicine in the developing world   As these issues continue to shape and define the debate, Intellectual Property and Health Technologies enables professionals and graduate students in public health, health policy, healthcare administration, and medicine to understand patent law and how it affects the development of medical technology and the delivery of medicine.
Public health.
Medicine.
Medical laws and legislation.
Public Health.
Biomedicine, general.
Medical Law.