[20200601]IF11561_药物专利实践：法律概述.pdf

https:/crsreports.congress.gov June 1, 2020Pharmaceutical Patenting Practices: A Legal OverviewPharmaceutical manufacturers frequently obtain intellectual property (IP) rights in their products. IP law provides exclusive rights in a particular invention or product for a certain time period, potentially enabling the rights holder (e.g., a brand-name drug manufacturer) to charge higher-than-competitive prices. If rights holders are able to charge such prices, they may have an incentive to lengthen the period of exclusive rights. Some commentators allege that pharmaceutical manufacturers have engaged in patenting practices that unduly extend the period of exclusivity. These critics argue that these patenting practices are used to keep drug prices high, without any benefit for consumers or innovation. Defenders of these patenting practices contend that patents are generally necessary to allow manufacturers to recoup their investments in research, development, and regulatory approval, and that concerns regarding these practices are either overstated or unjustified. This In Focus provides an overview of the relevant legal background and describes four such alleged patenting practices. L