Intellectual Property Landscape of the Human Genome

摘要

Gene patents are the subject of considerable debate and yet, like the term "gene" itself, the definition of what constitutes a gene patent is fuzzy. Nonetheless, gene patents that seem to cause the most controversy are those claiming human protein- encoding nucleotide sequences. This category is the subject of our analysis of the patent landscape of the human genome. Critics describe the growth in gene sequence patents as an intellectual property (IP) "land grab" over a finite number of human genes. They suggest that overly broad patents might block follow-on research. Alternatively, gene IP rights may become highly fragmented and cause an anticommons effect, imposing high costs on future innovators and underuse of genomic resources. Both situations, critics argue, would increase the costs of genetic diagnostics, slow the development of new medicines, stifle academic research, and discourage investment in downstream R & D.