Science · 2005 · 232 citations · 11 references
LawBiomedical SciencesIntellectual Property LawIntellectual PropertyPatent LawScience PolicyAccess To MedicinesIntellectual Property ProtectionIntellectual Property RightsPharmaceutical EconomicsResearch CompetitionResearch PolicyAccess To BiotechnologyDrug Patent PolicyIntellectual Property FinancingIntellectual Property LimitationsPatent-related Drug AccessResearch AssetsWelfare Effects Analysis
Concerns that increasing patents on research inputs may impose significant costs on upstream, noncommercial research. The study examines how patents affect access to intellectual property and materials needed by academic biomedical researchers. Patents rarely deny access to knowledge inputs, but they make obtaining other research materials harder due to commercial activities, competition, procedural burdens, and drug status, suggesting policy should focus on welfare impacts of restricted material access rather than patents.
In light of concerns that the growing number of patents on research inputs may impose significant costs on upstream, noncommercial research, Walsh et al. Walsh et al. examine the effects of patents on access to both intellectual property and materials required by academic biomedical researchers. They found that patents generally are not used to deny access to knowledge inputs, but that access to others9 research materials is more difficult. This restricted access to materials appears to be the result of academics9 commercial activities, scientific competition, the time and effort required to satisfy requests, and whether the material in question is a drug. Policy debates about scientific progress in biomedicine may benefit from shifting the focus away from patents and toward the welfare effects of restricted access to research materials.
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On the Complex Economics of Patent Scope
Robert P. Merges, Richard R. Nelson · Columbia Law Review · 1990 · 940 citations
Data Withholding in Academic Genetics
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