Patents to the Rescue - Disasters and Patent Law
Issue Date
2007Author
Torrance, Andrew W.
Publisher
DePaul University College of Law
Type
Article
Version
http://ssrn.com/abstract=1273774
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Show full item recordAbstract
The patent system can play a vital role in preparing for, mitigating, reacting to, and preventing disasters. In the far term, it ensures that society continually improves its technological capacity to deal with disasters. In the near term, the patent system includes a diversity of legal options for ensuring access to patented inventions needed in disasters. Foreseeable and surprise disasters require different legal approaches to ensure timely access to patented inventions while ensuring that society is able to continue enhancing both its general and specific technological capacities. Accomplishing optimal results requires careful balancing of far term and near term interests, respect for both international and U.S. patent law, a clear understanding of the interrelation of different aspects of patent law, insight into the incentives that drive technological innovation, and appreciation of the disparate challenges posed by different kinds of disasters. When employed wisely, the patent system can offer society powerful assistance to prevent, prepare for, and mitigate disasters.
Description
Full-text available at SSRN. See link in this record.
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Citation
Andrew W. Torrance, Patents to the Rescue - Disasters and Patent Law, 10 DEPAUL J. HEALTH CARE L. 309 (2007).
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