Genome Patents (original) (raw)

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The commentary discusses the controversial topic of genome patents, emphasizing the need to differentiate between genome-specific objections and broader concerns related to patenting research tools. It argues for patent reform focused on the latter, as well as considerations for the patent scope that could limit private appropriation of fundamental research platforms while allowing the commercialization of downstream research tools. The commentary also highlights the complexities surrounding the patenting of isolated gene sequences and the economic implications for non-commercial researchers in the context of diagnostic testing.

Patents for genetic inventions: a tool to promote technological advance or a limitation for upstream inventions?

Technovation, 2005

Today's conventional wisdom among economists and lawyers is heavily weighted toward the proposition that strong and broad patent rights are conducive to economic progress. Concerns have been raised as to the extent to which strong patent rights could build up barriers to follow-up research and thus hinder technological advance. This poses a number of difficulties particularly in the area of genetics with respect to the scope of protection and the definition of what is patentable. This article considers the problems of 'anti-commons', limitations for upstream inventions, patent thickets and royalty stacking with licenses for genetic inventions. A survey of 53 biotechnology companies in Switzerland builds the empirical basis of the investigation. The survey results confirm that the concepts of 'anti-commons', 'patent thickets' and 'royalty stacking' are indeed relevant. However, they are not highly relevant for the Swiss biotechnology industry from an economic point of view. A broad research exemption combined with a protection limited to concrete disclosure functions of DNA patents and compulsory licensing arrangements are considered as feasible remedies for overcoming certain difficulties with gene patents.

A New Era for Biotech Patents? Empirical and Theoretical Considerations on the current Patent Dilemma, BioLaw Journal, 2021, pp. 289-303

BioLaw Journal, 2021

During the last two decades, the genomics revolution has contributed enormously to the development of novel research approaches in the field of biological sciences. We have seen the development of new biotechnological tools capable of modifying organisms in order to perform specific tasks designing and assembling novel biological components. All these scientific and biotechnological innovations present also a substantial challenge for the law and especially for intellectual property rights. In particular – as a consequence of relevant patent case law in the United States and Europe affecting precision medicine – the debate on the possible future of biotech patents gained increasing momentum. Considering this multifaceted scenario, the purpose of this article is to analyse the impact of various judicial decisions with respect to patents subject-matter eligibility and the prosecution of biotech-related patent applications.

Explaining the benefits of human genome patent

African Journal of Biological Sciences, 2019

Gene patenting has been facing backlash for decades now. Even Michael Crichton, science fiction novelist, as joined the bandwagon speaking against gene patent. 1 Such hostility towards patents, the professional interests of academics, researchers and inventors are under the threat of losing their rights over the work they have done. The biotech industry can never be out of discoveries. With constant biological changes, new diseases are appearing and they have to dig deeper. However, not all progress is free. Rewarding the inventors is not at all unfair. This paper will demonstrate that (i) patents are a foundation of the industry. They need to innovate further progress. The reason patent law exists to protect the inventions for a limited period of time. The paper will also demonstrate that (ii) the social myths about gene patent are not really manifested in reality. It will discuss the argument against gene patenting and then will present counter arguments with empirical evidence whether the myths are really true.

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