Post on 18-Dec-2015
CAN HIGH-TECH INDUSTRIES EVER BE PRO-PATENT?
Fordham IP ConferenceApril 2015
George E. Badenoch
2
How Patent System Affects Different Industries
PHARMA INFORMATION TECHNOLOGY
3
How Patent System Affects Different Industries
PHARMA
• Single (or few) patents cover accused product
INFORMATION TECHNOLOGY
Many patents cover accused product
4
How Patent System Affects Different Industries
PHARMA
• Single (or few) patents cover accused product
• Scope of patent claims relatively clear
INFORMATION TECHNOLOGY
Many patents cover accused product
Scope of patent claims uncertain
5
How Patent System Affects Different Industries
PHARMA
• Single (or few) patents cover accused product
• Scope of patent claims relatively clear
• Patent usually issues before marketing of accused product
INFORMATION TECHNOLOGY
Many patents cover accused product
Scope of patent claims uncertain
Patents often issue well after marketing of accused product
6
How Patent System Affects Different Industries
PHARMA
• Single (or few) patents cover accused product
• Scope of patent claims relatively clear
• Patent usually issues before marketing of accused product
• Patent known before suit
INFORMATION TECHNOLOGY
Many patents cover accused product
Scope of patent claims uncertain
Patents often issue well after marketing of accused product
Patent suit comes as surprise