(University of Oregon School of Law, 2017-07-27) Marrs, Julian W.
This Article examines Novartis in the context of pharmaceutical evergreening, and suggests that the U.S. intellectual property regime could be improved by adopting a provision similar to section 3(d). Part I discusses evergreening and the negative repercussions it has on both the U.S. patent system and society. Part II examines Novartis and the academic understanding of section 3(d)’s solution to evergreening. Part III briefly details the current state of pharmaceutical patent laws in the U.S. Finally, Part IV suggests what a similar provision in the U.S. system would look like.
