Title: Divergence in patent systems: a discussion of biotechnology transgenic animal patentability and US patent system reform

Authors: Johanna K.P. Dennis

Addresses: Jacob D. Fuchsberg Law Center, Touro College, 225 Eastview Drive, Central Islip, NY 11722, USA

Abstract: While the US patent system has no doubt provided valuable incentives to researchers to innovate, culminating in new discoveries, the same system has restricted the research it seeks to promote. Part 1 of this article addresses the history and present state of the US patent system. In Part 2, biotechnology transgenic animal patentability is discussed, with the |OncoMouse| technology|s impact on major research initiatives as a model for why the US patent system does not work. Part 3 addresses proposed avenues for balancing the various purposes of patents as they relate to biotechnology research and medical inventions.

Keywords: patent reform; biotechnology research; medical inventions; intellectual property rights; IPR; transgenic animals; OncoMouse; USA; United States; patents; patentability.

DOI: 10.1504/IJPL.2008.021230

International Journal of Private Law, 2008 Vol.1 No.3/4, pp.268 - 303

Published online: 12 Nov 2008 *

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