The Patenting of Biological Materials in the United States: A State of Policy Confusion

@article{Palombi2015ThePO,
  title={The Patenting of Biological Materials in the United States: A State of Policy Confusion},
  author={Luigi Palombi},
  journal={Perspectives on Science},
  year={2015},
  volume={23},
  pages={35-65}
}
  • L. Palombi
  • Published 15 February 2015
  • Economics
  • Perspectives on Science
This paper discusses the genesis of human DNA patents and the legal confusion and ramifications that ensued. Beginning in the mid-1970s with policymakers and lawmakers in the United States, confronted with an economy impacted by an oil crisis, inflation, growing and persistent unemployment and the fledgling biotechnology industry, this paper tracks the development of the practice until its banning in the US Supreme Court in June 2013. The paper raises serious questions regarding the relevance… 

References

SHOWING 1-10 OF 86 REFERENCES

Making Dollars out of DNA: The First Major Patent in Biotechnology and the Commercialization of Molecular Biology, 1974-1980

TLDR
This essay describes how the patenting procedure was shaped by the concurrent recombinant DNA controversy, tension over the commercialization of academic biology, governmental deliberations over the regulation of genetic engineering research, and national expectations for high technology as a boost to the American economy.

Hyperownership in a Time of Biotechnological Promise: The International Conflict to Control the Building Blocks of Life

This article addresses the corrosive interplay between the patent-based and the sovereign-based systems of ownership of genetic material. In patent-based systems, genetic material is increasingly

PATENTS, THE FRONTIERS OF AMERICAN INVENTION, AND THE MONOPOLY COMMITTEE OF 1939 - ANATOMY OF A DISCOURSE

In the summer of 1938, as Depression was shading into war, President Roosevelt sent a letter to Congress. The concentration of economic power and the growth of collectivism in modern business, he

Reinventing the Double Helix: A Novel and Nonobvious Reconceptualization of the Biotechnology Patent

TLDR
The authors argue that the strong recent trend in the case law and literature toward viewing gene patents as uniformly desirable and legally proper rests upon a prevalent misinterpretation of a triad of key patent law concepts.

Addressing the Patent Gold Rush: The Role of Deference to PTO Patent Denials

  • A. Rai
  • Economics, Political Science
  • 2000
In the past few years, we have witnessed a proliferation of patents in the two industries that are central to our information economy - computer software and biotechnology. Many commentators fear

Compulsory Licensing in Other Countries

The present law of Great Britain on the subject of compulsory licensing of patents' is that of 1919,2 with the minor amendments of 1928, 1932, and I938. This law represents a blending of two concepts

Patents on Human Genes: An Analysis of Scope and Claims

TLDR
The authors of this Policy Forum describe their study, which examined issued gene patents covering a variety of genetic diseases and described ways in which many claims fell short of USPTO patentability requirements.

Patentable subject matter, TRIPS and the European Biotechnology Directive: Australia and patenting human genes.

  • L. Palombi
  • Engineering
    The University of New South Wales law journal
  • 2003
TLDR
The adoption of a European Biotechnology Directive, to provide specific legislative assistance to the biotechnology industry in its member countries, is in conflict with TRIPS and would contravene Australia's international obligations by giving the patent system in biotechnology a significant advantage over all other technologies.

Staking claims in the biotechnology Klondike.

  • J. Sulston
  • Economics
    Bulletin of the World Health Organization
  • 2006
TLDR
I was at one time persuaded that strong patents would stimulate a wide variety of pharmaceutical innovation across the genome, but the field is now awash with look-alike drugs focused on a small number of targets, and apparently markets, not patents, drive drug development.
...