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35 Ariz. St. L.J. 1077 (2003)
Access Versus Incentive: Balancing Policies in Genetic Patents

handle is hein.journals/arzjl35 and id is 1089 raw text is: COMMENT ACCESS VERSUS INCENTIVE: Balancing Policies in Genetic Patents May Mowzoont I. INTRODUCTION Biotechnological innovations promise new inroads for health and drug development. The future of medical science has come to a turning point with the recent mapping of the entire human genome, making designer drugs and disease topography analysis a reality. However, these new doors also open to new challenges. Traditionally, the incentive for commercial research and development has come from proprietary rights obtained through patent protection. Patents give inventors the exclusive right to exclude others from making, using, or selling claimed technology for a limited period of time. In return, it is hoped that society will benefit from the added knowledge through commercialization of the patent and its eventual lapse into the public domain at the end of its patent term. However, in some situations, such proprietary rights can also impede access. For example, gene-related patents can claim underlying fundamental information about genetic behavior pertinent for future, downstream research. Consequently, researchers can face high cumulative royalties and medical applications might be too expensive for patients who need them. Unfortunately, the conflicting needs of access and incentive are currently at an imbalance. Although the biotechnology industry has developed some working solutions, an equilibrium has not been achieved. This paper analyzes some of the proprietary issues related to genetic patents. Section two gives background information about genes, patents, and genetic patents. Section three discusses the current challenges in genetic patents. Finally, f J.D. candidate, Arizona State University, College of Law, 2003; M.S. Biomedical Engineering, Arizona State University, 2001, B.S. Biomedical Engineering, Arizona State University, 1991; Law Science and Technology Center Scholar. I wish to thank my family, Professor Sam Sutton for all that he has taught me about intellectual property law, and Leda Trivinos-Lagos and Professor Gary Marchant for their advice and guidance on this Comment. I also wish to thank the members of the Arizona State Law Journal, especially Nancy Scott and Stephanie Vinca, for their careful editing of this manuscript.

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