Comment on Insulin
squaresinger@lemmy.world 10 months 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 10 months 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 10 months 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 10 months 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 10 months 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.