Patent Races and Institutional Solutions of Health Care Policy in Developed Countries

Objectives: To identify the methods of the state’s influence on health care system through intellectual property law mechanisms. Research Design & Methods: Literature review based on the economic analysis of law. F indings: An active role of the state in innovations in the pharmaceutical branch could bring benefits in the health care system. This role does not have to be limited to being a shareholder in selected projects (as a capital supplier). Implications / Recommendations: The state is able to influence the speed, the structure, and the direction of patent races b y setting a real width of the patent (court verdicts) and patent height (patent office’s decisions) as well as the manner and the scale of compulsory licences usage. Contribution / Value Added: Making changes in the speed, the structure, and the direction of patent races has got a strong impact on health policy. Appropriate influencing of the state on innovation activity in the pharmaceutical branch allows one to generate large benefits in the health care system.