Comment on Insulin
squaresinger@lemmy.world 4 days agoThat logic applies identically to a valid patent.
The difference is that in the case of transferring the patent to the university, there’s a legal department at the ready to defend the patent. The same is not the case for a disclaimed patent.
Devial@discuss.online 4 days ago
Yes there is. Anyone can contest a patent based on prior art existing. The university would have identical legal power to contest the new patent, on basis of the existing disclaimed patent.
squaresinger@lemmy.world 4 days ago
Of course, but an university owning a patent gives them the responsibility to defend it, and also incentivizes them to do so.
Devial@discuss.online 4 days ago
No it doesn’t. They’re explicitly NOT enforcing the patent, they have no incentive to defend it based on the patent being valid. They could just as easily sign a contract with the original inventor, promising to challenge attempts at repatenting the idea. The only reason validity of the patent would make a difference to their motivation, is if they plan on eventualyl enfocing it.
squaresinger@lemmy.world 4 days ago
Tbh, I am surprised that you seem to know the exact legal situation in regards to patent law in Canada of 1923, and that you have such a strong opinion on that matter.
I would recommend you to read the corresponding Wikipedia secton where all the thinking that went into that decision is laid out quite well.
I would venture to say that legal experts of the time at the time understood the patent law of the time a little better than some random users on Lemmy.