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View Diary: Another sign of what is wrong in public education (45 comments)

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  •  so effectively it is a mainly a mere nuisance (0+ / 0-)

    like dog dirt on a sidewalk

    the claims of a patent are meant to show others in the field how they can avoid the claimed property.
    except to large companies that until recently were able to map out and navigate through the patent minefield

    It's time to end the patent-based minefield cartel system.

    I would only allow for chemical patents.

    And I would have FDA approval collapse down Kirchoff patents to just the approved molecule unless it is agreed that the drug will be supplied at an individually affordable price.

    •  You rproposal is functionally unworkable. -eom- (0+ / 0-)

      The road to Hell is paved with pragmatism.

      by TheOrchid on Wed Feb 06, 2013 at 05:46:04 PM PST

      [ Parent ]

      •  I'm sure a patent examiner (0+ / 0-)

        would say it's obviously simple for the submitting drug company to effectively do along with paying say an FDA approval issue fee. The drug company could be required to give a list of the relevant Kirchoff patent numbers to either the Patent Office or FDA.

        It's "not much" of a problem to do if I may paraphrase you.

        The problem could also be dealt in a court with proof of FDA approval, an official FDA certified copy of the description of the plaintiff's FDA approved molecule(s), and a motion by the defendent's lawyer to dismiss the patent infringement case.

        The plaintiff would have supplied the court with all the relevant Kirchoff patents and a description of the defendent's molecule, which would legally be required to be different from the plaintiff's approved molecule(s).

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