TY  - GEN
N2  - Against the backdrop of COVID-19, this Opinion essay proposes three ways to improve the European patent system without the need for legislative reform. Each has particular implications for drug patenting, and reflects an interpretive conception of law and legal legitimacy as requiring the application of legislation in accordance with moral values, including those expressed in constitutional instruments. If adopted, the proposals would: restrict the patentability of second medical indications and anchor assessments of inventive step more firmly to patent policy; expand assessments of the moral and public policy implications of patenting inventions and extend the disclosure duties of applicants; and adapt the FRAND licensing system to cover essential medical technologies.
AB  - Against the backdrop of COVID-19, this Opinion essay proposes three ways to improve the European patent system without the need for legislative reform. Each has particular implications for drug patenting, and reflects an interpretive conception of law and legal legitimacy as requiring the application of legislation in accordance with moral values, including those expressed in constitutional instruments. If adopted, the proposals would: restrict the patentability of second medical indications and anchor assessments of inventive step more firmly to patent policy; expand assessments of the moral and public policy implications of patenting inventions and extend the disclosure duties of applicants; and adapt the FRAND licensing system to cover essential medical technologies.
T1  - Reflections on a Post-Pandemic European Patent System
AU  - Pila, Justine
LA  - eng
ID  - 42104
KW  - Inventive step
KW  - FRAND licensing
KW  - Essential medicines
KW  - Morality
KW  - Public policy
KW  - COVID-19
KW  - Drug patenting
TI  - Reflections on a Post-Pandemic European Patent System
LK  - https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3627384
UR  - https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3627384
ER  -