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Case study: Blocking patents
Name of speaker
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Venue & date
Citations from the German “Piratenpartei“
(Pirate Party)
• „Patents as government-guaranteed private-sector
monopolies represent, in principle, an artificial restriction of
the general welfare, which require constant review and
justification..“
• „…blocking the progress of patents should be avoided at all
costs.“
• „ This applies also and in particular to the pharmaceutical
industry. Patents on pharmaceuticals ... also have some
highly reprehensible ethical implications.“
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When do patents block the
technological progress ?
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Scenario I
• SME has high R&D expenditures and comes up with two
valuable inventions (A and B), both providing a solution to
the same problem
• SME gets two patents (for A and B) granted
• They only sell invention A but avoid any competition from
the additional invention B
Questions:
• Does SME block the technological pogress
• Is SME‘s behaviour ok from an ethical perspective?
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Scenario II
• The market leader for bulbs, C, has high R&D expenditures
and files several hundreds of patent applications for energy
saving LED technology
• C does not offer LED bulbs
• Based on the large patent portfolio, C aggressively fights
competitors offering LED bulbs
• C‘s revenues from energy consuming bulbs can be held at
a high level
Questions:
• Does C block the technological pogress?
• Is C‘s behaviour ok from an ethical perspective?
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Discussion points
- Why is there a patent system at all?
- From an economic viewpoint
- From a constitutional law viewpoint
- From a technological viewpoint
- Is there an „abuse“ of the patent system?
- Could an „abuse“ be prevented by a new law?
- What do you think of an „obligation to use“ a patent (e.g., in
India) ?
- Should compulsory licenses be granted more often?
- What would happen without a patent system?
- Example I: Pharmaceutical industry
- Example II: Car industry
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Thank you for your attention!
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