| The utilitarian theory contemplates rewarding the risks of inventors by providing them with a defined period of exclusivity to recoup their investment. For inventions requiring further investment, patents enable the creation of financial relationships between inventors and investors by providing patent exclusivity during the commercialization process. Innovation, contrasted from invention and conceptualized as commercialization, however, does not necessarily form the best means for delivering to the public inventions intended to improve health. Although patent policy conflates the economic growth and health improvement objectives of innovation, these goals do not always align. While the exercise of BRCA patents instantiates exclusive practicing of patents that failed to adequately deliver health technology, the patent system does not need significant change. Rather, to maintain the expectations of patent holders while balancing the needs of the public, current practices should continue with the encouragement of the creation of voluntary patent pools. |
