Patent and Related Issues Specific to Pharmaceuticals and Medical Devices
As mentioned in the introduction to the previous chapter pharmaceutical patents have become subject to a number of special provisions, largely on public policy grounds. One group of policy arguments have their basis in the desire not to impose any restriction on the freedom of medical practitioners to use whatever treatment they consider best for their patients, and to reduce the cost of treatment. Medical device patents are also caught by such considerations. Another group of arguments is based on the need to encourage pharmaceutical innovation by providing it with strong protection. This chapter will consider such issues.
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