The Yale Law Journal

Talha Syed

Feature

Does Pharma Need Patents?

Talha Syed

This Feature revisits the widely held assumption that pharma needs patents to sustain innovation. By analyzing the information goods underlying drugs, this Feature demonstrates that innovation in this sector can proceed without patents. Replacing patents with a tailored form of regulatory exclusivit…

Essay

The Continuum of Excludability and the Limits of Patents

Amy Kapczynski & Talha Syed


122 Yale L.J. 1900 (2013).

In IP scholarship, patents are commonly understood as more efficient than other approaches to innovation policy. Their primary ostensible advantage is allocative: as a form of property rights, patents act as a conduit between market signals and potential innovators, ostensi…