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Articles 1 - 12 of 12
Full-Text Articles in Biotechnology
Revitalizing Biotechnological Advancement In The United States: Patent Eligibility Reform To Promote Innovation While Preserving Morality, Sydney Virtue
West Virginia Law Review
Patent protection has long been recognized as a key part of promoting innovation; however, current patent eligibility law in the United States often produces the exact opposite result. While the basic framework for patent eligibility is provided by the Patent Act, the United States Supreme Court has crafted several significant exceptions to patent eligibility—laws of nature, natural phenomena, and abstract ideas. These judicial exceptions have created a crisis in patent law and impeded biotechnological innovation, as they are too vague to be properly confined and carry tests that are too ambiguous for predictable application. To promote and retain world leadership …
Diagnostic Patents At The Supreme Court, Arti K. Rai
Diagnostic Patents At The Supreme Court, Arti K. Rai
Faculty Scholarship
No abstract provided.
The National Institutes Of Health, Patents, And The Public Interest: An Expanded Rationale Of Justice Breyer’S Dissent In Stanford V. Roche, Nida Shakir
Marquette Intellectual Property Law Review
In February 2010, the Alzheimer’s Institute of America (AIA) filed a patent infringement lawsuit against Jackson Laboratory, the largest repository of research mice in the world. AIA sued Jackson Laboratory for infringing on AIA’s patent covering a DNA mutation linked to Alzheimer’s disease. Jackson Lab allegedly violated that patent by distributing mice especially bred for Alzheimer’s research. READ MORE, download the article.
Biomedical Patents At The Supreme Court: A Path Forward, Arti K. Rai
Biomedical Patents At The Supreme Court: A Path Forward, Arti K. Rai
Faculty Scholarship
Although most would argue that software patents pose a bigger challenge, the U.S. Supreme Court has recently focused on biomedical patents. Two of the Court's recent decisions scaling back such patents, Mayo v. Prometheus and AMP v. Myriad, have provoked justifiable anxiety for those concerned about biomedical innovation, particularly in the area of personalized medicine. While acknowledging significant limitations in the Court's reasoning in both cases, this Essay sketches a reading that is consistent with the results and innovation-friendly.
The Nagoya Protocol And Synthetic Biology Research: A Look At The Potential Impacts, Margo A. Bagley, Arti K. Rai
The Nagoya Protocol And Synthetic Biology Research: A Look At The Potential Impacts, Margo A. Bagley, Arti K. Rai
Faculty Scholarship
This report, prepared for the Synthetic Biology Project at the Woodrow Wilson International Center for Scholars, analyzes the 2010 Nagoya Protocol to the Convention on Biological Diversity and how it may affect U.S. researchers working in the field of synthetic biology. The objective of the Protocol is to provide a transparent framework for the acquisition and sharing of genetic resources on fair and equitable terms that facilitate the conservation of biological diversity and associated traditional knowledge. The report finds significant uncertainty surrounding the temporal scope of the Agreement as well as the types of genetic material that will be covered …
Evaluating The Target Pipeline In A Pharmaceutical Acquisition, Daniel Vass
Evaluating The Target Pipeline In A Pharmaceutical Acquisition, Daniel Vass
Business and Economics Honors Papers
Many firms in the pharmaceutical industry turn to acquisitions when faced with gaps in their drug development pipelines and patent expirations as an alternative to making long-term investments in internal research and development. Investors are generally negative on this strategy, and upon the announcement of a pharmaceutical acquisition the stock of the acquiring firm often drops. This decline in share price creates an opportunity for the investor who can identify the characteristics of a target firm that increase the probability that the transaction will ultimately be a success, as measured by the subsequent appreciation in the acquirer's stock. It is …
Unstandard Standardization: The Case Of Biology, Arti K. Rai
Unstandard Standardization: The Case Of Biology, Arti K. Rai
Faculty Scholarship
How applicable are the approaches adopted by information and communication technology standards-setting organizations to biological standards? Most engineering-based industries construct products from standard, well understood components. By contrast, despite the early attachment of the moniker “genetic engineering” to biotechnology, standardization in the biological sciences has been relatively rare.
Combining The Components Of Life: The Application Of Patent Extraterritoriality Doctrine To Biotechnology, Jennifer L. Schuster
Combining The Components Of Life: The Application Of Patent Extraterritoriality Doctrine To Biotechnology, Jennifer L. Schuster
Indiana Law Journal
No abstract provided.
Synthetic Biology: Caught Between Property Rights, The Public Domain, And The Commons, Arti K. Rai, James Boyle
Synthetic Biology: Caught Between Property Rights, The Public Domain, And The Commons, Arti K. Rai, James Boyle
Faculty Scholarship
Synthetic biologists aim to make biology a true engineering discipline. In the same way that electrical engineers rely on standard capacitors and resistors, or computer programmers rely on modular blocks of code, synthetic biologists wish to create an array of modular biological parts that can be readily synthesized and mixed together in different combinations. Synthetic biology has already produced important results, including more accurate AIDS tests and the possibility of unlimited supplies of previously scarce drugs for malaria. Proponents hope to use synthetic organisms to produce not only medically relevant chemicals but also a large variety of industrial materials, including …
Synthetic Biology: The Intellectual Property Puzzle, Arti K. Rai, Sapna Kumar
Synthetic Biology: The Intellectual Property Puzzle, Arti K. Rai, Sapna Kumar
Faculty Scholarship
Synthetic biology, which operates at the intersection of biotechnology and information technology, has the potential to raise, in a particularly acute manner, the intellectual property problems that exist in both fields. A preliminary patent landscape reveals problematic foundational patents that could, if licensed and enforced inappropriately, impede the potential of the technology. The landscape also reveals a proliferation of patents on basic synthetic biology "parts" that could create transaction cost heavy patent thickets. Both foundational patents and patent thickets are likely to be particularly problematic to the extent they read on standards that synthetic biologists would like to establish. Synthetic …
Patenting Resources: Biotechnology And The Concept Of Sustainable Development, Yvonne Cripps
Patenting Resources: Biotechnology And The Concept Of Sustainable Development, Yvonne Cripps
Indiana Journal of Global Legal Studies
No abstract provided.
Genome Research And Traditional Intellectual Property Protection -- A Bad Fit?, Kate H. Murashige
Genome Research And Traditional Intellectual Property Protection -- A Bad Fit?, Kate H. Murashige
RISK: Health, Safety & Environment (1990-2002)
Dr. Murashige addresses the need for a patent system more closely tailored to the needs of biotechnology. For example, the obviousness requirement may interfere with using patents to recoup high costs of work when it could arguably be done by researchers of ordinary skill.