Diagnostic Kits/The Argument Framework: Difference between revisions

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== Despite patent challenges, research continues ==
== Despite patent challenges, research continues ==
#Interviews with personnel from firms, universities, and other organizations indicate that biomedical research typically proceeds despite challenges posed by a growing number of patents on research tools. Respondents address these challenges with licensing, inventing around patents, going offshore, the development and use of public databases and research tools, court challenges, and simply using the technology without a license (i.e., infringement), often informally invoking a de facto broad "research exemption."
Interviews with personnel from firms, universities, and other organizations indicate that biomedical research typically proceeds despite challenges posed by a growing number of patents on research tools. Respondents address these challenges with licensing, inventing around patents, going offshore, the development and use of public databases and research tools, court challenges, and simply using the technology without a license (i.e., infringement), often informally invoking a de facto broad "research exemption."
#The bulk of the "IP literature" around patents in biotechnology focuses either on (1) the number of patents on genomic materials (i.e., "50% of the genome is patented!") or (2) around the impact of the use of compound "composition of matter" patents on maintaining high drug prices and preventing generic manufacture.
 
== Biotech IP literature focus ==
'''Patents on genomic materials vs. compound "composition of matter" patents'''
 
The bulk of the "IP literature" around patents in biotechnology focuses either on (1) the number of patents on genomic materials (i.e., "50% of the genome is patented!") or (2) around the impact of the use of compound "composition of matter" patents on maintaining high drug prices and preventing generic manufacture.
 
==
#While the impact of patents on drug prices is undeniable and carries a brutal human cost, very little literature is based on systematic, empirical analysis of the impact of the gene patents on research itself.
#While the impact of patents on drug prices is undeniable and carries a brutal human cost, very little literature is based on systematic, empirical analysis of the impact of the gene patents on research itself.
#Gene patents can, and occasionally are, used in a method similar to a drug patent. This occurs most frequently in gene diagnostic testing kits, which carry a regulatory profile similar to drugs, and similar if lower costs
#Gene patents can, and occasionally are, used in a method similar to a drug patent. This occurs most frequently in gene diagnostic testing kits, which carry a regulatory profile similar to drugs, and similar if lower costs

Revision as of 12:45, 24 September 2009

Despite patent challenges, research continues

Interviews with personnel from firms, universities, and other organizations indicate that biomedical research typically proceeds despite challenges posed by a growing number of patents on research tools. Respondents address these challenges with licensing, inventing around patents, going offshore, the development and use of public databases and research tools, court challenges, and simply using the technology without a license (i.e., infringement), often informally invoking a de facto broad "research exemption."

Biotech IP literature focus

Patents on genomic materials vs. compound "composition of matter" patents

The bulk of the "IP literature" around patents in biotechnology focuses either on (1) the number of patents on genomic materials (i.e., "50% of the genome is patented!") or (2) around the impact of the use of compound "composition of matter" patents on maintaining high drug prices and preventing generic manufacture.

==

  1. While the impact of patents on drug prices is undeniable and carries a brutal human cost, very little literature is based on systematic, empirical analysis of the impact of the gene patents on research itself.
  2. Gene patents can, and occasionally are, used in a method similar to a drug patent. This occurs most frequently in gene diagnostic testing kits, which carry a regulatory profile similar to drugs, and similar if lower costs
  3. But the vast majority of gene patents are obtained by universities and unlicensed, or by companies and unprosecuted.
  4. Thus, the empirical surveys of research laboratories in genomics and proteomics report almost no negative impacts of patents on research.
  5. It is essential to distinguish between the number of patents extant on genetic materials, the impact of chemical patents on drug prices, the impact of genetic patents on diagnostic kits, and the day-to-day operations of a research lab. While much time and effort has been invested in chronicles of the first three, the consensus is that there is little impact on the fourth.
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