Thomas, John R. --- "Pharmaceutical patents" [2019] ELECD 755; in Takenaka, Toshiko (ed), "Research Handbook on Patent Law and Theory" (Edward Elgar Publishing, 2019) 353

Book Title: Research Handbook on Patent Law and Theory

Editor(s): Takenaka, Toshiko

Publisher: Edward Elgar Publishing

Section: Chapter 14

Section Title: Pharmaceutical patents

Author(s): Thomas, John R.

Number of pages: 25

Abstract/Description:

The Hatch-Waxman Act was a bold experiment that linked the patent and food and drug laws. A successful project that has been imitated around the globe, the statute nonetheless tested the foundations of intellectual property law and led to private behaviors that frustrate its public goals. This chapter reviews the history of the Hatch-Waxman Act, discusses its abuse by pharmaceutical enterprises, and considers its implications.