ip4inno Case study: Blocking patents Name of speakerVenue & 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.“

When do patents block the technological progress ?

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?

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?

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

Thank you for your attention! Over 60 teaching hours of material, case studies, exercises, links and more can be found on