CAN HIGH-TECH INDUSTRIES EVER BE PRO-PATENT? Fordham IP Conference April 2015 George E. Badenoch.

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Presentation transcript:

CAN HIGH-TECH INDUSTRIES EVER BE PRO-PATENT? Fordham IP Conference April 2015 George E. Badenoch

How Patent System Affects Different Industries PHARMA INFORMATION TECHNOLOGY 2

How Patent System Affects Different Industries PHARMA Single (or few) patents cover accused product INFORMATION TECHNOLOGY Many patents cover accused product 3

How Patent System Affects Different Industries PHARMA Single (or few) patents cover accused product Scope of patent claims relatively clear INFORMATION TECHNOLOGY Many patents cover accused product Scope of patent claims uncertain 4

How Patent System Affects Different Industries PHARMA Single (or few) patents cover accused product Scope of patent claims relatively clear Patent usually issues before marketing of accused product INFORMATION TECHNOLOGY Many patents cover accused product Scope of patent claims uncertain Patents often issue well after marketing of accused product 5

How Patent System Affects Different Industries PHARMA Single (or few) patents cover accused product Scope of patent claims relatively clear Patent usually issues before marketing of accused product Patent known before suit INFORMATION TECHNOLOGY Many patents cover accused product Scope of patent claims uncertain Patents often issue well after marketing of accused product Patent suit comes as surprise 6