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Regulatory Property: The New Ip, Robin C. Feldman Dec 2015

Regulatory Property: The New Ip, Robin C. Feldman

Robin C Feldman

For thirty years, a new form of intellectual property has grown up quietly beneath the surface of societal observation. It is a set of government-granted rights that have the quintessential characteristic of intellectual property and other forms of property — that is, the right to exclude others from the territory. 

The impact of this form of IP on the US health care system, in particular, is enormous. In 2014, more than 40% of all new drugs approved by the FDA came through just one of these portals, with the companies collecting regulatory property rights along the way. 

Some forms of …


Opinion Letter As To The Patentability Of Certain Inventions Associated With The Identification Of Partial Dna Sequences, Rebecca S. Eisenberg, Robert P. Merges May 2015

Opinion Letter As To The Patentability Of Certain Inventions Associated With The Identification Of Partial Dna Sequences, Rebecca S. Eisenberg, Robert P. Merges

Robert P Merges

No abstract provided.


Reply To Comments On The Patentability Of Certain Inventions Associated With The Identification Of Partial Cdna Sequences, Rebecca S. Eisenberg, Robert P. Merges May 2015

Reply To Comments On The Patentability Of Certain Inventions Associated With The Identification Of Partial Cdna Sequences, Rebecca S. Eisenberg, Robert P. Merges

Robert P Merges

No abstract provided.


The Crispr Revolution: What Editing Human Dna Reveals About The Patent System’S Dna, Robin C. Feldman Dec 2014

The Crispr Revolution: What Editing Human Dna Reveals About The Patent System’S Dna, Robin C. Feldman

Robin C Feldman

Not since the invention that launched Genentech and the entire biotech industry has a life science invention offered such promise. If CRISPR lives up to that promise, the technology could well be one of the greatest life science inventions of all time. Gene editing techniques existed before, of course, but they were slow, inaccurate, and expensive. The CRISPR invention is like moving from the manual typewriter to modern word processing.

As we stand at this remarkable threshold, what of the patent system? Companies are racing to develop commercial applications for CRISPR, and researchers are using the technology, even though it …


Whose Body Is It Anyway? Human Cells And The Strange Effects Of Property And Intellectual Property Law, Robin C. Feldman May 2011

Whose Body Is It Anyway? Human Cells And The Strange Effects Of Property And Intellectual Property Law, Robin C. Feldman

Robin C Feldman

Whatever else I might own in this world, it would seem intuitively obvious that I own the cells of my body. Where else could the notion of ownership begin, other than with the components of the tangible corpus that all would recognize as "me?" The law, however, does not view the issue so neatly and clearly, particularly when cells are no long in your body. As so often happens in law, we have reached this point, not by design, but by the piecemeal development of disparate notions that, when gathered together, form a strange and disconcerting picture. 

This article examines …


Who Owns Your Body? A Study In Literature And Law, Lori B. Andrews Dec 2008

Who Owns Your Body? A Study In Literature And Law, Lori B. Andrews

Lori B. Andrews

No abstract provided.