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Health Law and Policy Commons

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Intellectual Property Law

Cleveland State Law Review

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Full-Text Articles in Health Law and Policy

Dna Patenting And Access To Healthcare: Achieving The Balance Among Competing Interests, Melissa E. Horn Jan 2002

Dna Patenting And Access To Healthcare: Achieving The Balance Among Competing Interests, Melissa E. Horn

Cleveland State Law Review

Increasing evidence suggests that the biotechnology industry's interest in generating revenue and the public's desire to obtain the best healthcare may be at odds. The patenting of genetic information is at the core of this debate. Most, if not all, of the products of the biotech industry's research are patentable. Historically, patents have been justified on the grounds that they are needed to create an incentive for researchers and companies to invest time and money in projects that have uncertain outcomes. In the biotechnology arena, patents do not simply encourage innovation and allow innovators to recoup their costs. Patents can …