Report October 2009

Alternative Energy

Tasks Completed

• Uploaded the AE paper into the wiki
• Added all of the graphs and figures in the the paper
• Edited sections to include new AE findings and to update sections
• Added a new bibliography page and consolidated all sources
• Linked all citations to the new bibliography page and standardized them to conform to Harvard Reference Format.
• Added footnotes into the paper

Biotechnology: Diagnostic Kits

General Status

Status of Scientific and Market Knowledge

• Focusing on Genetic Diagnostics (GDx)
  • started case studies of commercially available genetic diagnostics

Status of Intellectual Property Knowledge

• Our knowledge has significantly improved since last month. We have broken down our understnading of IP in kits into:

1. Patents
   1. General Discussion
   2. Case Law
   3. Bayh-Dole Act Specific Cases
   4. Patent Pools
   5. Patent Clearing Houses
   6. Legislative Activity
2. Licensing
   1. Licensing Approaches
   2. Compulsory Licensing
   3. Licensing Behavior
3. Trade Secret
   1. Trade Secret Caselaw
   2. Limits of protection
   3. Reverse Engineering

• Case law has been more thoughtfully covered but more narrative and commentary is need to complete this area of research.
• We continue to monitor in re Bilski for implications in our analysis

Bibliography and Paper Organization

• Added and reviewed new articles to the bibliography. Some key reports:
  • Secretary's Advisory Committee on Genetics, Health, and Society (SACGHS)—Public Consultation Draft Report on Gene Patents and Licensing Practices and Their Impact on Patient Access to Genetic Tests
  • SACGHS Gene Patents Appendix 1
  • Cook-Deegan, R., Chandrasekharan, S. & Angrist, M., 2009. The dangers of diagnostic monopolies. Nature, 458(7237), 405-406
  • Herder, M., Patents & the Progress of Personalized Medicine: Biomarkers Research as Lens. SSRN eLibrary
  • Huys et al. Legal uncertainty in the area of genetic diagnostic testing. Nature Biotech (2009) vol. 27 (10) pp. 903-909

Work Completed

• Summary of IP controlling a variety of genetic diagnostics
• Bibliography with Literature Review
• Blog Post 1

Work Partially Completed

• Initial case studies of commercially available genetic diagnostics
• IP profile of the biggest for-profit companies in AE
• Overview of Economics of Intellectual Property in Kits
• IP in Kits
• IP Profile of Universities working in Kits
• Commons based cases in Kits
• Interviews with experts on diagnostic kits
• Give an overall picture of the Kits' sector
• Data, narratives and tools produced by the Kits' sector
• Competitive advantages in Kits

Work Remaining

• IP Profile of Biggest for-profit companies in Kits
• IP Profile of non-profit companies in Kits
• IP Profile of Associations in Kits
• Peer-Production Business models in Kits
• Open Business models in Kits

Research Methodology in use

• Case studies
• Literature review
• Government Reports

Problems and Considerations

See Diagnostic_Kits/The_Argument_Framework#Outstanding_Questions

Educational Materials

General Status

• Completed uploading interview transcripts to the wiki
• Added news and updates about core OER cases to wiki
• Started to revise research report with new theoretical framework

Work Completed

See September 2009 Report

Work Partially Completed

See September 2009 Report

Work Remaining

See September 2009 Report

Research Methodology in use

• Literature Review
• Textbook Market and Educational News Monitoring
• Interviews

Problems and Considerations

The research report is slowly coming together as a disruptive innovation framework is being proposed.

Next Steps

• Complete research report
• Prepare wiki for open access (coordinate template with other projects)
• Revise Bibliography for easier use