I think you overstate the power of Patent Office. I don't think they can just say "Turns out we shouldn't have granted you that patent in the first place." Without providing evidence such as prior art. I don't think the courts would tolerate they are making too much money" argument from the patent office.
There are so many things that receive patents where prior art exists. I wouldn't be surprised if someone looked just a little bit, they could find prior art for just about any drug and rule that it is close enough to invalidate the patent. All it takes is someone challenging it.
Yes, came to say this. There are mechanisms and some economic incentives for third parties to challenge issued patents leading to invalidation. Whether there is enough economic incentive is a case by case.
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I think you overstate the power of Patent Office. I don't think they can just say "Turns out we shouldn't have granted you that patent in the first place." Without providing evidence such as prior art. I don't think the courts would tolerate they are making too much money" argument from the patent office.
There are so many things that receive patents where prior art exists. I wouldn't be surprised if someone looked just a little bit, they could find prior art for just about any drug and rule that it is close enough to invalidate the patent. All it takes is someone challenging it.
Yes, came to say this. There are mechanisms and some economic incentives for third parties to challenge issued patents leading to invalidation. Whether there is enough economic incentive is a case by case.