Patentability and maximum protection of intellectual property in proteomics and genomics

摘要

The patenting of inventions in the fields of proteomics and genomics has been prolific in the last few years and will continue in that vein for some more years. The ingenuity by which inventions can be claimed increases, so that even computerized methods for finding useful drugs based on the underlying genomic and proteomic information find their way into patents. However, the illicit users of those patens are starting to whittle away at their value. First, it may be hard to find those who improperly practice the claimed invention. Second, violators may practice in areas of the world where there is no patent protection. Third, the practice may be held by a court not to be infringing activity because it has as its aim the development of a new drug.Finally, the claims may be held invalid for lack of written description or enablement as the courts find mechanisms or reasons to narrow the allowable claims. With this setting, we must consider what can be done to best protect this new generation of inventive activity. Moreover, we must consider the possible demise of the drug pipeline should this trend to narrow protection continue.