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Patents to the Rescue - Disasters and Patent Law

Andrew W. Torrance
University of Kansas - School of Law



DePaul Journal of Health Care Law, Vol. 10, p. 309, 2007

Abstract:     
The patent system can play a vital role in preparing for, mitigating, reacting to, and preventing disasters. In the far term, it ensures that society continually improves its technological capacity to deal with disasters. In the near term, the patent system includes a diversity of legal options for ensuring access to patented inventions needed in disasters. Foreseeable and surprise disasters require different legal approaches to ensure timely access to patented inventions while ensuring that society is able to continue enhancing both its general and specific technological capacities. Accomplishing optimal results requires careful balancing of far term and near term interests, respect for both international and U.S. patent law, a clear understanding of the interrelation of different aspects of patent law, insight into the incentives that drive technological innovation, and appreciation of the disparate challenges posed by different kinds of disasters. When employed wisely, the patent system can offer society powerful assistance to prevent, prepare for, and mitigate disasters.

Keywords: patents, disasters, innovation

JEL Classifications: K11, K23, K29, K32, K33, K39

Accepted Paper Series

Date posted: September 26, 2008 ; Last revised: September 28, 2008

Suggested Citation

Torrance, Andrew W., Patents to the Rescue - Disasters and Patent Law (2007). DePaul Journal of Health Care Law, Vol. 10, p. 309, 2007. Available at SSRN: http://ssrn.com/abstract=1273774


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Contact Information

Andrew W. Torrance (Contact Author)
University of Kansas - School of Law ( email )
Green Hall
1535 W. 15th Street
Lawrence, KS 66045-7577
United States
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