The utilitarian theory contemplates rewarding the risks of inventors by providing them with
a defined period of exclusivity to recoup their investment. For inventions requiring further
investment, patents enable the creation of financial relationships between inventors and investors by
providing patent exclusivity during the commercialization process. Innovation, contrasted from
invention and conceptualized as commercialization, however, does not necessarily form the best
means for delivering to the public inventions intended to improve health. Although patent policy
conflates the economic growth and health improvement objectives of innovation, these goals do not
always align. While the exercise of BRCA patents instantiates exclusive practicing of patents that
failed to adequately deliver health technology, the patent system does not need significant change.
Rather, to maintain the expectations of patent holders while balancing the needs of the public,
current practices should continue with the encouragement of the creation of voluntary patent pools.
| Identifer | oai:union.ndltd.org:TORONTO/oai:tspace.library.utoronto.ca:1807/33266 |
| Date | 20 November 2012 |
| Creators | Khanijoun, Harleen |
| Contributors | Katz, Ariel |
| Source Sets | University of Toronto |
| Language | en_ca |
| Detected Language | English |
| Type | Thesis |
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