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The biotechnology sector and US gene patents: Legal challenges to intellectual property rights and the impact on basic research and development

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  • Thomas A. Hemphill

Abstract

Of recent commercial interest are so-called deoxyribonucleic acid (DNA) patents, and specifically gene patents, a subset of DNA patents that contain protein-encoding nucleic acid sequences. Heller and Eisenberg addressed the 'tragedy of the anticommons', whereby biomedical research is negatively impacted by an over proliferation of gene patents, although a review of research studies initiated over the last decade has not provided the evidence of biomedical research having been negatively impacted by single-gene patents. To remedy future potential patent-related issues to whole-genome sequencing research, it is recommended for the biotechnology industry's two major industry associations to institute an advisory policy among its memberships for each company to voluntarily recognize a patent liability exemption for firms engaged in pure (basic) whole-genome sequencing research. Copyright The Author 2012. Published by Oxford University Press. All rights reserved. For Permissions, please email: journals.permissions@oup.com, Oxford University Press.

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  • Thomas A. Hemphill, 2012. "The biotechnology sector and US gene patents: Legal challenges to intellectual property rights and the impact on basic research and development," Science and Public Policy, Oxford University Press, vol. 39(6), pages 815-826, August.
    • Handle: RePEc:oup:scippl:v:39:y:2012:i:6:p:815-826
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    File URL: http://hdl.handle.net/10.1093/scipol/scs051
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    Cited by:

    1. Dr Chiara Rosazza Bondibene, 2012. "A Study of Patent Thickets," National Institute of Economic and Social Research (NIESR) Discussion Papers 401, National Institute of Economic and Social Research.
    2. Dr Chiara Rosazza Bondibene, 2012. "A Study of Patent Thickets," National Institute of Economic and Social Research (NIESR) Discussion Papers 401, National Institute of Economic and Social Research.

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