Advanced

Are the bio-health related patents delaying research? A study of relevant legislation, facts and the research conditions in the United States

Sjöwall, Jennie (2004)
Department of Law
Abstract
When initiating the research for my graduate paper I had a rather straightforward intent in mind. It was to determine if the research being conducted in the bio-health related field was negatively affected by the patent system. If the research was delayed by the patent system I wanted to apprehend why. I came to the conclusion that over the years the sphere where the exchange of intellectual property is taking place is very much different than it was just 20 years ago. This rapid evolution is linked to a phenomenon, which is referred to as ''the biotech revolution'' or the ''the genetics revolution''. It is the question of dynamic technologies and scientific fields where progress has been continuous over the last two decades. The patent... (More)
When initiating the research for my graduate paper I had a rather straightforward intent in mind. It was to determine if the research being conducted in the bio-health related field was negatively affected by the patent system. If the research was delayed by the patent system I wanted to apprehend why. I came to the conclusion that over the years the sphere where the exchange of intellectual property is taking place is very much different than it was just 20 years ago. This rapid evolution is linked to a phenomenon, which is referred to as ''the biotech revolution'' or the ''the genetics revolution''. It is the question of dynamic technologies and scientific fields where progress has been continuous over the last two decades. The patent system has contributed, through that it has stimulated the will to innovate and invest in genetic and biomedical research. The idea what constitutes a patentable subject matter has also changed considerably. The Intellectual Property system is fairly adaptable, which is indicated by patent office practice. The bio-health related field of research and development is ruled by a commercial business climate. There is big interest in investing as well as initiating new research forums. It is obvious even to the outside world that this is a market generating profit. An important part of the market is concentrated to the United States. In 1980 the US Congress passed the Bayh-Dole Act. It is a piece of legislation that allows research universities and government to be granted patents for their inventions. This has resulted in a change in interest for the universities. They are now taking part in the commercial exchange of research information in a different way than they did before. It has become more complicated to conclude license agreements, due to the new role of the universities and the lack of understanding between different institutions. Problems regarding license agreements may also arise within a university, especially between the scientists and the professional lawyers responsible for the license contracts. All in all the Bayh-Dole Act the Bayh-Dole still is said to have had a very positive effect and has contributed to technology transfer to the benefit of the general public. Another problem, particularly within the field of human genetics is an increased level of secrecy among scientists. Friendly sharing among colleagues is less common, since it is important to keep discoveries secret when applying for a patent. (Less)
Please use this url to cite or link to this publication:
author
Sjöwall, Jennie
supervisor
organization
year
type
H3 - Professional qualifications (4 Years - )
subject
keywords
Immaterialrätt
language
English
id
1561992
date added to LUP
2010-03-08 15:55:29
date last changed
2010-03-08 15:55:29
@misc{1561992,
  abstract     = {When initiating the research for my graduate paper I had a rather straightforward intent in mind. It was to determine if the research being conducted in the bio-health related field was negatively affected by the patent system. If the research was delayed by the patent system I wanted to apprehend why. I came to the conclusion that over the years the sphere where the exchange of intellectual property is taking place is very much different than it was just 20 years ago. This rapid evolution is linked to a phenomenon, which is referred to as ''the biotech revolution'' or the ''the genetics revolution''. It is the question of dynamic technologies and scientific fields where progress has been continuous over the last two decades. The patent system has contributed, through that it has stimulated the will to innovate and invest in genetic and biomedical research. The idea what constitutes a patentable subject matter has also changed considerably. The Intellectual Property system is fairly adaptable, which is indicated by patent office practice. The bio-health related field of research and development is ruled by a commercial business climate. There is big interest in investing as well as initiating new research forums. It is obvious even to the outside world that this is a market generating profit. An important part of the market is concentrated to the United States. In 1980 the US Congress passed the Bayh-Dole Act. It is a piece of legislation that allows research universities and government to be granted patents for their inventions. This has resulted in a change in interest for the universities. They are now taking part in the commercial exchange of research information in a different way than they did before. It has become more complicated to conclude license agreements, due to the new role of the universities and the lack of understanding between different institutions. Problems regarding license agreements may also arise within a university, especially between the scientists and the professional lawyers responsible for the license contracts. All in all the Bayh-Dole Act the Bayh-Dole still is said to have had a very positive effect and has contributed to technology transfer to the benefit of the general public. Another problem, particularly within the field of human genetics is an increased level of secrecy among scientists. Friendly sharing among colleagues is less common, since it is important to keep discoveries secret when applying for a patent.},
  author       = {Sjöwall, Jennie},
  keyword      = {Immaterialrätt},
  language     = {eng},
  note         = {Student Paper},
  title        = {Are the bio-health related patents delaying research? A study of relevant legislation, facts and the research conditions in the United States},
  year         = {2004},
}