Diagnostic Kits/DNA-based patents: an empirical analysis
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- Mills, A.E. & Tereskerz, P., 2008 - This article addresses the perception of rising patent litigation rates which have driven calls for patent reform. Rising litigation costs are perceived to be hurting litigation. This article argues there is little empirical evidence supporting this position. The Patent Reform Act of 2007 proposes controversial reforms included in the proposed post-grant opposition proceedings that might be used to question a patents validity.
- This article gives the findings of a “small empirical study of DNA-based litigated patents to determine whether or not rates of litigation on DNA based patents are actually increasing” (Mills, A.E. & Tereskerz, P., 2008). The study found that the rate of litigation involving genetic patents has decreased in recent years. “Between 2000 and 2005, the rate of patent litigation for the patent classifications studied dropped significantly from 14/3,827 to 1/2,772” (Mills, A.E. & Tereskerz, P., 2008). Due to the limit scope of the study the article concludes that additional empirical research is needed before reform initiatives are implemented.