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Patenting Foundational Technologies: Lessons From CRISPR and Other Core Biotechnologies
Oliver Feeney1, Julian Cockbain2, Michael Morrison3
1a National University of Ireland.
The American Journal of Bioethics : AJOB
|June 5, 2019
Summary
Patents on foundational gene-editing technologies like CRISPR-Cas9 raise social justice concerns regarding equitable access. This analysis examines CRISPR patenting and proposes guidelines for responsible innovation and licensing.
Area of Science:
- Biotechnology and Genetic Engineering
- Bioethics and Social Justice
- Intellectual Property Law
Background:
- CRISPR-Cas9, a revolutionary gene-editing tool, has significant potential in healthcare and agriculture.
- The granting of patents for CRISPR-Cas9 raises concerns about equitable access and social justice.
- Previous foundational technologies have also faced similar patenting and access challenges.
Purpose of the Study:
- To analyze the implications of patenting foundational technologies, specifically CRISPR-Cas9.
- To evaluate Colin Farrelly's moral justification for patents in accelerating technological development.
- To propose workable recommendations for patenting and licensing guidelines.
Main Methods:
- Examination of patenting and licensing practices for CRISPR-Cas9.
- Comparative analysis with patenting histories of two prior foundational technologies.
- Ethical and policy analysis of intellectual property in biotechnology.
Main Results:
- While patents can incentivize innovation, they may exacerbate access inequalities for foundational technologies.
- CRISPR-Cas9 patenting presents complex ethical and social justice issues.
- Existing patenting models may not adequately address the societal impact of foundational biotechnologies.
Conclusions:
- Recommendations are needed for realistic and workable guidelines on patenting and licensing CRISPR-Cas9 and similar foundational technologies.
- Balancing innovation incentives with equitable access is crucial for maximizing societal benefit.
- Policymakers and legislators must consider social justice implications in biotechnology patent law.
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