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Guidelines for the Examination of Pharmaceutical Patents: Developing a Public Health Perspective

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  • Carlos Correa

Abstract

This paper is intended to be a contribution towards the improvement of transparency and efficiency of patentability examination for pharmaceuticals inventions, particularly in developing countries. It proposes a set of general guidelines for the assessment of some of the common modalities of pharmaceutical patent claims, and suggests elements for the development of public health-sensitive guidelines for the evaluation and review of pharmaceutical patents at the national level. It examines the practices of some patent offices and suggests some mechanisms that may be adopted to incorporate public health perspectives in procedures for the granting of pharmaceutical patents.

Suggested Citation

  • Carlos Correa, 2007. "Guidelines for the Examination of Pharmaceutical Patents: Developing a Public Health Perspective," Working Papers id:1203, eSocialSciences.
    • Handle: RePEc:ess:wpaper:id:1203
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    File URL: http://www.eSocialSciences.com/data/articles/Document1239200700.4246332.pdf
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    References listed on IDEAS

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    1. Gehl Sampath, Padmashree, 2005. "Breaking the Fence: Can Patent Rights Deter Biomedical Innovation in “Technology Followers”?," UNU-INTECH Discussion Paper Series 2005-10, United Nations University - INTECH.
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    Cited by:

    1. Enes Işık & Özgür Orhangazi, 2022. "Profitability and drug discovery," Industrial and Corporate Change, Oxford University Press and the Associazione ICC, vol. 31(4), pages 891-904.
    2. Luis Gil Abinader, 2020. "Pharmaceutical patent examination outcomes in the Dominican Republic," Journal of International Business Policy, Palgrave Macmillan, vol. 3(4), pages 385-407, December.
    3. Sampat, Bhaven N. & Shadlen, Kenneth C., 2017. "Secondary pharmaceutical patenting: A global perspective," Research Policy, Elsevier, vol. 46(3), pages 693-707.
    4. Tom Deweerdt & Kristin Caltabiano & Paul Dargusch, 2022. "Original Research: How Will the TNFD Impact the Health Sector’s Nature-Risks Management?," IJERPH, MDPI, vol. 19(20), pages 1-10, October.
    5. Amy Kapczynski & Chan Park & Bhaven Sampat, 2012. "Polymorphs and Prodrugs and Salts (Oh My!): An Empirical Analysis of “Secondary” Pharmaceutical Patents," PLOS ONE, Public Library of Science, vol. 7(12), pages 1-9, December.
    6. Burri, Mira & Serrano, Omar, 2016. "Making use of TRIPS flexibilities: Implementation and diffusion of compulsory licensing regimes in Brazil and India," Papers 960, World Trade Institute.

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