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"We're asserting our legitimate patent rights," said the lawyer, Joseph F. Coyne of Los Angeles.
So even if a lone inventor has a legitimate patent claim, a large company can sue and force the person into bankruptcy.
The problem may be inferior products, overpricing, financing difficulties, unwillingness to pay taxes or tariffs that other companies pay, or protection of the market by a legitimate patent.
Robert F. Smith, general manager of Delphion, a patent research service owned by the Thomson Corporation, said he did not expect the I.R.S. announcement to deter legitimate patent donations.
"It would be a tragedy if the greed of the big banks and their willing accomplices in Congress use this important legislation to trample the rights of legitimate patent holders and in the process weaken the integrity of our patent system," Tom Giovanetti, the president of the Institute for Policy Innovation, a conservative research group, said in a statement.
Any type of entity can enforce a legitimate patent right, and similarly, any type of entity can abuse patent rights.
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Legislation to expose today's biologics to easier competition, after legitimate patents have expired, is going to accelerate development of improved products, not just lower-cost, copycat versions of outdated proteins.
Speculators shouldn't be able to take advantage of consumers by securing monopolies on old drugs where legitimate patents have long lapsed, and then inappropriately jacking up the prices.
As a matter of fact, generic firms have quite rarely challenged strong, legitimate patents under the Hatch-Waxman process, which might protect genuinely innovative contributions.
Lawmakers have learned from that failure and taken the legitimate concerns of patent holders into account.
A legitimate return, retort the patent companies.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com