The biotechnology sector and US gene patents: Legal challenges to intellectual property rights and the impact on basic research and development

Thomas A. Hemphill

Science and Public Policy, 2012, vol. 39, issue 6, 815-826

Abstract: Of recent commercial interest are so-called deoxyribonucleic acid (DNA) patents, and specifically gene patents, a subset of DNA patents that contain protein-encoding nucleic acid sequences. Heller and Eisenberg addressed the 'tragedy of the anticommons', whereby biomedical research is negatively impacted by an over proliferation of gene patents, although a review of research studies initiated over the last decade has not provided the evidence of biomedical research having been negatively impacted by single-gene patents. To remedy future potential patent-related issues to whole-genome sequencing research, it is recommended for the biotechnology industry's two major industry associations to institute an advisory policy among its memberships for each company to voluntarily recognize a patent liability exemption for firms engaged in pure (basic) whole-genome sequencing research. Copyright The Author 2012. Published by Oxford University Press. All rights reserved. For Permissions, please email: journals.permissions@oup.com, Oxford University Press.

Date: 2012
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