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Science 14 August 1992:
Vol. 257. no. 5072, pp. 903 - 908
DOI: 10.1126/science.1502556

Articles

Science, Vol 257, Issue 5072, 903-908
Copyright © 1992 by American Association for the Advancement of Science


articles

Genes, patents, and product development

RS Eisenberg

University of Michigan Law School, Ann Arbor 48109.

In the past year, the National Institutes of Health (NIH) has filed patent applications on more than 2750 partial complementary DNA sequences of unknown function. The rationale for the filings--that patent protection may be necessary to ensure that private firms are willing to invest in developing related products--rests on two premises: first, that NIH may obtain patent rights that will offer effective product monopolies to licensee firms, and second, that unless NIH obtains these rights now, firms will be unable to obtain a comparable degree of exclusivity by other means, such as by obtaining patents on their own subsequent innovations. Neither premise is clearly wrong, although both are subject to doubt in view of statements from industry representatives that the NIH patenting strategy will deter rather than promote product development.


THIS ARTICLE HAS BEEN CITED BY OTHER ARTICLES:
Seven Risks Emerging From Life Patents and Corporate Science.
M. Ekberg (2005)
Bulletin of Science Technology Society 25, 475-483
   Abstract »    PDF »
The Alienation of Body Tissue and the Biopolitics of Immortalized Cell Lines.
M. Lock (2001)
Body Society 7, 63-91
   Abstract »    PDF »
Intellectual Property in a Postindustrial World.
D. PIRAGES (1996)
Science Communication 17, 267-273
   Abstract »



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Science. ISSN 0036-8075 (print), 1095-9203 (online)