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Neither of these steps, however, adequately address the bigger problem of poor patents being granted in the first place.
However, they referred poor patents to the DMCH because it was not cost-effective for patients to be treated in a private hospital.
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Filing a poor patent, even a provisional one (more on this later), can end up costing so much that sometimes it's worse than filing no patent at all.
At first glance, the Supreme Court ruling strikes at the heart of a couple critical concerns that have caught the public's eye: the growing number of infringement suits; and poor patent quality.
In 1998, the world spent $70 billion on health research, but only $300m of this was directed at developing an AIDS vaccine, and a piffling $100m was devoted to malaria research.When drug firms do produce pills that might help the poor, their patents allow them to charge monopoly prices which the poor cannot pay.
This plethora of poor-quality patents is clogging American courts.
"There's a subculture of the patent world that says, 'Let's overwhelm the examiner and see if he just lets it go.' " Whether the examiners capitulate or, overworked, simply make too many mistakes, Mr. Rogan says excessive claims not only slow patent processing but contribute to poor-quality patents.
In most poor countries the patents on the drugs that people need most have already expired.
In return for enforcing patents, poor countries were supposed to benefit from increased trade and foreign investment.
Health ministers in developing countries accused Washington of hypocrisy for insisting that poor nations honor patents while it bent the rules at home.
In addition to worrying about trade relations between China and the United States, the company has to deal with a patchwork legal system, poor protection of patents, and business practices that put more value on personal relationships with senior management than on contracts.
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