Genetic patent protection in the pharmaceutical and biotechnology industries.
Without patent protection, biomedical progress would be severely diminished. Conditions under the current patent regime are characterized by rapid advancement made possible by cooperative licensing, collaboration and partnerships between and among various entities, and the drive to bring successful products to market both in order to make profits and to further the cause of humanity. The financial advantages associated with patent-driven corporate participation are the lifeline of innovation. While granting limited periods of exclusivity under the patent system necessary to entice innovation is a calculated sacrifice, the enormous benefits of fully-disclosed pharmaceutical and genetic discoveries result in a handsome net benefit over the alternative of resource-limited research clouded by a shroud of secrecy as a substitute for patent protection. By examining characteristics of the pharmaceutical and biotechnology industries and the critical role the patent regime plays in driving investment in these areas, a clearer picture of the necessity of strong intellectual property rights in the context of genetics will emerge.
Nunnally
Allen C
AC
Wilmer Cutler Pickering Hale and Dorr LLP, Boston, Massachusetts 02109, USA. allen.nunnally@wilmerhale.com
Webster
Christopher J
CJ
Brown
Scott A
SA
Cohen
Gary A
GA
D001709:Biotechnology; D004345:Drug Industry; D005796:Genes; D006801:Humans; D033181:Information Dissemination; D018973:Intellectual Property; D010330:Patents as Topic; D012106:Research; D012946:Social Welfare