Get Biotechnology and the Patent System: Balancing Innovation PDF

By Claude Barfield, John E. Calfee

ISBN-10: 0844742562

ISBN-13: 9780844742564

Barfield and Calfee truly clarify arcane problems with patent legislation and the large impression that they could have on our economic climate, our technological development, and our wellbeing and fitness. As Congress considers sweeping adjustments to the patent legislations, this publication is a well timed overview of the strengths and weaknesses of the present method and the chance of overly competitive reform. Biotechnology and the Patent method analyzes the position of highbrow estate security in biomedical study, one among AmericaOs prime progress industries. Barfield and Calfee discover ways that patent legislation fosters destiny study and enterprise capital funding; additionally they overview even if the present method might very likely bog down genomic study and the advance of recent therapy and diagnostic instruments. With those competing issues in brain, the authors review proposals at the moment below dialogue in Congress (S 1145 and HR 1908) and the way they might impact biotechnological innovation and, in flip, the standard of our healthiness care. those proposals have created passionate disagreements between affected industries, with know-how and software program businesses urgent for basic reforms that will shift the stability of strength from patent holders to patent challengers. Biotechnology, pharmaceutical, and production corporations, in addition to huge study universities and enterprise capital institutions, contend that the reform proposals are too radical and might undercut U.S. overseas competitiveness and retard innovation. in exactly a couple of many years, the U.S. biotechnology has long past from a handful of startups to an immense with a marketplace capitalization of $400 billion and payroll of over 130,000 humans. but the industryOs progress canOt masks an easy truth of lifestyles for many biotech businesses: it really is tricky to make a revenue as a result of the excessive charges, excessive hazards, and very lengthy improvement instances in constructing biotechnological treatments and units. In 2006, the as an entire misplaced $5 billion. power adjustments to current patent legislation might additional complicate those concerns; Barfield and Calfee express how a few proposed alterations to patent legislation may make it tricky to draw the enterprise capital that small biotech organisations have to increase commercially attainable items. in addition they exhibit that the issues frequently stated by way of present critics of patent legislations are rendered moot by way of a sequence of self-correcting treatments and Oworking solutionsO to permit for the dependable sharing of biomedical study. then again, Barfield and Calfee recognize the necessity for measured reforms of our present patent procedure that might enable humans to problem patent purposes via administrative systems with no protracted and dear litigation. They demand Congress to maneuver carefully and construct upon consensus proposals, aware of the accidental or unfavourable effects of past reform efforts. Reform proposals that may garner common help contain the implementation of a first-to-file patent process and the production of a procedure to make sure all patent functions are released inside eighteen months.

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The CEO of a biotechnology firm was quoted in the February 18, 2005, Wall Street Journal as saying, “Gene therapy has been ‘five years away’ for 20 years” (Begley 2005). Indeed, an August 29, 1999, New York Times article noted that an apparently promising gene therapy was “at least three to five years away from the market” (Fisher 1999). Nonetheless, work proceeds. An experimental but dangerous treatment has been developed for an extremely rare immunodeficiency condition (Rosen 2002). A small trial in delaying the progression of Alzheimer’s disease has shown great potential (Tuszynski et al.

4 The Role of Intellectual Property Rights Intellectual property protections, mainly patents, undergird biotechnology drug development. By providing the prospect of exclusive marketing of new diagnostics, tools, and therapies, they motivate the investment necessary to fund what is usually a long and expensive development process. But patent law itself is a complex, controversial, and rapidly evolving mechanism. S. ” This incorporates what is sometimes called the utilitarian approach to intellectual property rights, in which incentives to create new inventions are balanced against the benefits of relatively unrestricted public access to and use of inventions after a reasonable period of time has passed.

Walsh, Cho, and Cohen (2005a) found that the main reason for the absence of patent impediments was that academic scientists—even after Madey— still paid little attention to patents in their fields (even among those 20-odd percent who had been notified by their institutions that such patents existed). In a synopsis of their research in Science, they explained, “Our research thus suggests that ‘law on the books’ need not be the same as ‘law in action’ if the law on the books contravenes a community’s norms and interests .

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Biotechnology and the Patent System: Balancing Innovation and Property Rights by Claude Barfield, John E. Calfee


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