Diagnostic Kits/Biotechnology and Intellectual Property Reinventing the Commons

McGill Centre for Intellectual Property Policy, 2005, Biotechnology and Intellectual Property: Reinventing the Commons: Workshop Report. Available at: www.cipp.mcgill.ca/data/events/00000017_en.pdf [Accessed November 20, 2009].

• This report is a creation of the Intellectual Property Modeling Group (IPMG) based at the Centre for Intellectual Property Policy at McGill University. The intended audience is policy makers seeking to make informed decisions regarding the balancing of intellectual property rights within the area fo biotechnology.
• Problems with intellectual property protection of biotechnological inventions
  • American, Canadian and Australian Issues
    • NO AMERICAN COMMENT
  • Proposed policies to address these concerns
    • proposed legislation to reform its patent law
      • "The original proposal for reform included a third party submission procedure for prior art, a post- grant opposition process with two windows for launching opposition (one, immediately after issue and a second at any time later), limitations on the availability of preliminary injunctions, adoption of a first-to-file rule (as opposed to the current first-to-invent rule), the requirement that all applications be published after 18 months (starting from the priority date) and a reinvigoration of the duty of candour." (page 18)
      • These reforms meet fairly heavy resistance and have not been successful to date. While these changes could effect patent law generally it is not clear than any of the proposed changes has any specific relevance to the field of diagnostic genetic kits.

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