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Articles 31 - 37 of 37
Full-Text Articles in Law
Reaching Through The Genome, Rebecca S. Eisenberg
Reaching Through The Genome, Rebecca S. Eisenberg
Book Chapters
The past two decades have been a period of rapid evolution in the science of biotechnology and therefore in patent strategies, if not in patent law itself. Patent law takes a long time to catch up with science, and commentators take a long time to catch up with the law, but patent lawyers don’t have that luxury. They have to keep ahead of the game, figuring out claiming strategies that allow their clients to capture the value of future discoveries. I want to discuss some of these strategies today.
The Role Of Patents In Exploiting The Genome, Rebecca S. Eisenberg
The Role Of Patents In Exploiting The Genome, Rebecca S. Eisenberg
Book Chapters
The sequencing of the human genome is a great scientific accomplishment that opens the door to further scientific inquiry of a sort that would otherwise be impossible. In addition to being passionately interested in the patent issues this research presents, as a legal scholar I have a long-standing interest in the role of intellectual property in interactions between the public and private senators and between universities and private firms in research science, with a focus on biomedial research. However, although the Human Genome Project has provided a rich terrain for exploring these issues, I am puzzled that intellectual property issues …
Patents On Dna Sequences: Molecules And Information, Rebecca S. Eisenberg
Patents On Dna Sequences: Molecules And Information, Rebecca S. Eisenberg
Book Chapters
As public and private sector initiatives raced to complete the sequence of the human genome, patent issues played a prominent role in speculations about the significance of this achievement. How much of the genome would be subject to the control of patent holders, and what would this mean for future research and the development of products for the improvement of human health in a patent system developed to establish rights in mechanical inventions of an earlier era up to the task of resolving competing claim, to the genome on behalf or the many sequential innovators who elucidate its sequence and …
Bargaining Over The Transfer Of Proprietary Research Tools: Is This Market Failing Or Emerging?, Rebecca S. Eisenberg
Bargaining Over The Transfer Of Proprietary Research Tools: Is This Market Failing Or Emerging?, Rebecca S. Eisenberg
Book Chapters
This analysis highlights the importance of transactions between prior and subsequent innovators to permit valuable research to go forward across the boundaries of prior patent claims. In a recent article focusing on biomedical research,4 Michael Heller and I argue that too many patent rights on 'upstream' discoveries can stifle 'downstream' research and product development by increasing transaction costs and magnifying the risk of bargaining failures. Just as too few property rights leave communally held resources prone to overuse in a 'tragedy of the commons', too many property rights can leave resources prone to underuse in what Heller calls a 'tragedy …
Genomic Patents And Product Development Incentives, Rebecca S. Eisenberg
Genomic Patents And Product Development Incentives, Rebecca S. Eisenberg
Book Chapters
Patents on human genetic information have been controversial among different groups for different reasons. The purpose of a patent system is to motivate the commercial development of new technologies; it is thus unsurprising that those who have fundamental misgivings about commercial biotechnology would oppose gene patents. More intriguing is the controversy over gene patenting among those who welcome the commercial development of biotechnology products by private firms. While many proponents of commercial biotechnology assert that gene patents are essential to motivate product development, some have expressed more nuanced views, endorsing patents under some circumstances and condemning them as unnecessary or …
Patents: Help Or Hindrance To Technology Transfer?, Rebecca S. Eisenberg
Patents: Help Or Hindrance To Technology Transfer?, Rebecca S. Eisenberg
Book Chapters
Intellectual property is a broad heading used to refer to a wide variety of rights associated with inventions, discoveries, writings, artistic works, product designs, and designations of the source of goods and services. Patents and trade secrets are the most important of these sorts of intellectual properties in the field of biotechnology. One aspect of intellectual property that distinguishes it sharply from other forms of property-and for some people makes it harder to justify-is that intellectual properties may be possessed and used by many people simultaneously. This is not so for tangible property. If someone borrows my car, I cannot …
Patent Rights In The Human Genome Project, Rebecca S. Eisenberg
Patent Rights In The Human Genome Project, Rebecca S. Eisenberg
Book Chapters
The various research efforts that comprise the Human Genome Project will inevitably both draw on and yield a multitude of patentable inventions. The broad subject matter of the patent laws potentially reaches every phase of the Genome Project, from the discovery of new research technologies, such as techniques and equipment for DNA sequencing, through the ultimate development of new products, such as screening tests for genetically transmitted diseases. Even bits and pieces of the human genome itself may be, and sometimes have been, patented.' Nor does the fact that the public is paying for the Genome Project through federal funding …