Critics describe the growth in gene sequence patents as an intellectual property (IP) “land grab” over a finite number of human genes. They suggest that overly broad patents might block follow-on research. Alternatively, gene IP rights may become highly fragmented and cause an anticommons effect, imposing high costs on future innovators and underuse of genomic resources. Both situations, critics argue, would increase the costs of genetic diagnostics, slow the development of new medicines, stifle academic research, and discourage investment in downstream R&D. In contrast, the classic argument in support of gene patenting is that strong IP protection provides incentives crucial to downstream investment and the disclosure of inventions....Policy-makers are hampered by the lack of empirical data on the extent of gene patenting....Our results reveal that nearly 20% of human genes are explicitly claimed as U.S. IP. This represents 4382 of the 23,688 of genes in the NCBI’s gene database at the time of writing....Although large expanses of the genome are unpatented, some genes have up to 20 patents asserting rights to various gene uses and manifestations including diagnostic uses, single nucleotide polymorphisms, cell lines, and constructs containing the gene....Our analysis suggests a number of avenues for further research: It would be valuable to examine whether current practice in patent examination has allowed multiple conflicting patents on the same gene. In addition, genes with multiple patents and IP owners provide a valuable context in which to explore the variety of arrangements used to facilitate or block access to gene-based research and the impact of these arrangements on future innovators.
Posted by
Peter Suber at 10/31/2005 11:18:00 AM.
The open access movement:
Putting peer-reviewed scientific and scholarly literature
on the internet. Making it available free of charge and
free of most copyright and licensing restrictions.
Removing the barriers to serious research.
I recommend the OA tracking project (OATP) as the best way to stay on top of new OA developments. You can read the OATP feed on a blog-like web page or subscribe to it by RSS, email, or Twitter. You can also help build the feed by tagging new developments you encounter.
