Petra Moser's How Do Patent Laws Influence Innovation

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In Petra Moser’s scholarly essay titled How do Patent Laws Influence Innovation, she supports the claim that from a government’s perspective, innovation is essential to the study of patent law (Moser, 2005, pp. 7). With the government’s support of patents, it is likely to see that countries with strict laws enforced, great innovations are to be created. With that being said, Moser argues that countries under the pursuit of patent laws are engaging in a tradeoff between patenting and secrecy (2005, pp. 13). This claim supports another strength of patent law that states in industries where patenting is effective, payoffs from secrecy do not exceed payoffs from patenting, thus, further encouraging innovation. Parallel to the above view, the argument against patent law in contemporary society is that laws are based off homoeconomicus, proving to be a weakness in patent law. Patents can help a company grow through capitalization of market failures, however, this can be deemed as unethical. It can be argued that patents serve the rich as profits are generated through the exploitation of developing countries, …show more content…

For example, patent law incentivizes medical research development of HIV if large corporations can purchase the medicine and have high profit return. In Patents and Human Rights, Richard Gold illustrates an unharmonious relationship between patents and human rights as the structure and manipulation of patent law negatively impacts public health concerns (Gold, 2013, pp. 186). While the end goal may be met which includes extensive research and new medicines, the weakness lies at the focus of moral and ethical issues. The patent system fails to motivate research development to combat the disease of HIV, which tragically targets the global

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