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Related Experiment Videos

Reaching through the genome.

Rebecca S Eisenberg1

  • 1University of Michigan Law School, Ann Arbor, Michigan 48109, USA.

Advances in Genetics
|January 13, 2004
PubMed
Summary

Gene patenting evolved from drug-like to information-like intellectual property. This shift creates challenges for upstream innovators and downstream developers regarding patenting DNA sequences and scientific information.

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Area of Science:

  • Genomics
  • Biotechnology Law
  • Intellectual Property

Background:

  • Gene patenting emerged in the 1970s-1980s, initially resembling drug patents.
  • High-throughput DNA sequencing in the 1990s shifted gene patenting towards scientific information.
  • The patentability of scientific information, unlike drugs, presents less clear justifications.

Purpose of the Study:

  • To analyze the evolution of gene patenting strategies.
  • To examine the challenges posed by patenting upstream research discoveries.
  • To explore novel patenting and licensing approaches in genomics.

Main Methods:

  • Historical analysis of gene patenting practices.
  • Examination of legal and policy implications of DNA sequence patents.
  • Review of challenges faced by researchers and developers.

Main Results:

  • Gene patenting transitioned from tangible products to abstract information.
  • Upstream patents on scientific discoveries impede research and development.
  • Upstream patent owners face difficulties in capturing value from downstream innovation.

Conclusions:

  • The patenting of DNA sequences and scientific information raises complex doctrinal and policy questions.
  • Novel patent claiming and licensing strategies are emerging to address these challenges.
  • Balancing innovation incentives with access to scientific information remains a key issue.

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