投资前期监管:来自制药专利审查的证据
Michael D Frakes1, Melissa F Wasserman2
1Duke University, 210 Science Drive, PO Box 90362, Durham, NC 27708.
概括
给予专利审查人员更多的时间可以提高二次药物专利的质量. 审查时间不足导致专利质量较低,影响药物创新和诉讼.
科学领域:
- 知识产权法 知识产权法 知识产权法
- 制药经济学 制药经济学
- 专利审查质量 专利审查质量
背景情况:
- 目前的专利审查程序可能没有足够的时间来审查二次药物特征.
- 这可能导致发行低质量的专利,特别是关于增量或次要创新的专利.
研究的目的:
- 评估增加审查员时间对二次药物专利质量的影响.
- 估计加强对药物专利申请的前期审查的经济权衡.
主要方法:
- 对专利质量指标的分析与审查员的时间分配有关.
- 经济建模以估计延长审查期的收益 (减少诉讼) 和损失 (人员成本,创新效应).
主要成果:
- 研究结果表明,目前的时间限制与发行质量较低的二次药物专利之间存在相关性.
- 估计表明,通过加强审查,下游诉讼成本可能会降低.
- 分析还考虑了人员开支和对创新和仿制药进入的动态影响.
结论:
- 增加对二次药物专利申请的审查员时间可能会提高专利的整体质量.
- 对包括诉讼,创新和人员在内的成本和收益的全面评估对于政策决策至关重要.
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