Health Affairs November 12, 2024
Marcia Boumil, Paul Beninger

Many of the advances in clinical medicine are entirely dependent upon a reliable supply of cutting-edge therapeutics. Such innovation would grind to a halt without a legal system that fairly judges patent protection: What is patentable? When does patent protection begin and end? What is and is not within the scope of the patent protection? These questions are being confronted at all levels of the court system as innovation accelerates, and the current pace of technological change will likely impact nearly every aspect of the economic and social environment far beyond the foreseeable future.

As the final arbiter of legal disputes, the United States Supreme Court is being called on to settle increasingly sophisticated and complex issues to meet those...

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