These are trying, stressful, and uncertain times, even for the
optimist. As the number of confirmed cases of COVID-19 rise and
hospitals begin to fill, the need for medicine and medical supplies
is at the forefront of everyone’s mind. The search is on for
rapid and innovative solutions. But what if that brilliant solution
treads on a patent?
While a scenario like this was recently misreported in Italy, it is a very realistic
situation. Imagine this: Company A struggles to supply hospitals
with medical equipment. Company B enters the picture and reverse
engineers the original piece of equipment, finding a new way to
make it using a faster process. But Company A has a patent on the
medical equipment, granting them an exclusive right to make, use,
and sell it. Can Company A sue Company B?
