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Related Experiment Videos

Genes, patents, and product development.

R S Eisenberg1

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

Science (New York, N.Y.)
|August 14, 1992
PubMed
Summary
This summary is machine-generated.

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The National Institutes of Health (NIH) patented over 2750 DNA sequences. Industry feedback suggests this strategy may hinder product development rather than encourage investment in new biotechnologies.

Area of Science:

  • Biotechnology
  • Intellectual Property Law
  • Genomic Research

Background:

  • The National Institutes of Health (NIH) has filed numerous patent applications for partial complementary DNA (cDNA) sequences.
  • These sequences are of unknown function, raising questions about the justification for patenting.

Purpose of the Study:

  • To evaluate the rationale behind the NIH's strategy of patenting partial cDNA sequences.
  • To assess the potential impact of this strategy on private sector investment and product development.

Main Methods:

  • Analysis of the NIH's patent filing rationale.
  • Review of industry statements regarding the impact of patenting strategies.

Main Results:

  • The NIH's strategy is based on the premises that patent rights offer effective monopolies and that alternative exclusivity is not feasible.
Keywords:
Biomedical and Behavioral ResearchGenetics and ReproductionHuman Genome ProjectNational Institutes of Health

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  • Industry representatives have expressed concerns that the NIH's patenting approach may deter, rather than promote, product development.

    • Conclusions:

    • The premises supporting the NIH's patenting strategy are subject to doubt.
    • The strategy's effectiveness in promoting innovation and product development is questionable based on industry feedback.