A Patented Erection

Paper Summary:

The U.S. Patent Office has recently granted at a patent to the company Pfizer for its miracle drug "Viagra", but the United Kingdom and the rest of Europe have thrown out Pfizer's patent application after examination. The paper examines the way Pfizer patented the way "Viagra" blocks a certain enzyme in the body as well as the composition of the drug, but as two different patents. It explores the difficulty in patenting drugs due to the complex language surrounding patent law. The paper examines several examples of infringement of this law with regard to "Viagra", as well as the difference in patent applications in Germany, Britain and the United States.

From the Paper:

"Idea theft is an interesting concept because it is an intangible good, whereas chemical composition is a tangible good, but the research that went into creating the compound needs to be rewarded and did begin with a great idea. Inventors have the incentive to invent by being first to market, to achieve the intangible, all powerful, good will of the consumer. Idea theft can cover the elements within the pill, Viagra, but not to the way it is necessarily used by the body. For example, one cannot patent pill swallowing, but the U.S. Patent Office will stretch to patent the way a pill awakens a man's "willie". Lessig pointed out a very profound question about intellectual property rights to the Internet world, but new technology does not exist solely within the computer sector. When our society undergoes a transition to a new technology (i.e., the Internet, business process patents, drug-use patents), we need to revise the length at which monopoly power is extended and ask ourselves "whether that power makes sense. Is it necessary" Is there reason to believe it will do some good?? (216). In this case, the patent does nothing but hinder invention and impede scientific innovation. Monopolistic power does not make sense outside the boundaries of business, which the Viagra patent clearly is."

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