The patent system after Covid-19

Publication details

Matthew Fisher, 'The patent system after Covid-19' in Enrico Bonadio and Noam Shemtov (eds) A Research Agenda for Patent Law (2025, Edward Elgar).

Abstract

This chapter serves as a call to action for policymakers, researchers and the public to rethink our approach to patents and innovation in the face of this recent global health crisis. It discusses the broad impact of the Covid-19 pandemic on the patent system, principally (and unsurprisingly, given the context) as it relates to the pharmaceutical industry. It highlights the well-accepted role of patents in incentivising innovation and, in particular, their importance in the rapid development of vaccines, but also critiques their contribution to health inequality and restricted access to medicines. The chapter underscores the value of patents in pharmaceutical innovation, yet it also exposes the system's limitations in addressing global health crises. It therefore calls for a balanced view of the patent system, recognising its ability to drive progress while acknowledging the need for reform to ensure equitable access to life-saving treatments. In essence, the disparities in global health accentuated by the Covid-19 pandemic underscore the need for a more balanced approach to intellectual property rights that fosters knowledge transfer and addresses systemic issues in healthcare access. As we emerge from the recent pandemic, it is crucial to learn from these recent successes and failures, critically assess the systems and frameworks in place for technological development, and prepare for the future – one in which further pandemics are not just likely but inevitable.

You can access the chapter here.