Are Genomic and Proteomic Patents Hindering Drug Development?

Are Genomic and Proteomic Patents Hindering Drug Development?
Decision Resources
November 9, 2006
22 Pages
Pub ID: DECR1375741
Price: $1,900.00
Sequencing the human genome resulted in a surge of patents for biomarkers, disease correlations, and their commercial uses. Are these patents now forming a barrier to the development and uptake of diagnostic tests and disease therapies? Going forward, how can various players in this field accommodate confl icting business needs and forge mutually agreeable collaborations?
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Business strategies in the biotech, diagnostic, and pharma industries depend upon product development. How does the current intellectual property environment pose a barrier to product development? What role do patents on gene-disease correlations play in limiting companies' willingness (or ability) to create new products and treatment protocols?
The interpretation of patent law changes over time, as shown by the recent U.S. Supreme Court involvement in the LabCorp v. Metabolite case. What is the future trend in court opinion toward correlation patents? How can the law infl uence the growth of the diagnostic test industry? Will such decisions have further-reaching impact across other industries?
There is a natural tension between industry players who would discredit the validity of correlation patents and those whose business depends on such patents. What is the best way for these two groups to accommodate their confl icting business needs? What challenges will these industries face as they search for mutually agreeable collaborations?
For now, biomarker-disease correlations are patentable, and such patents will continue to be granted. Will it become more diffi cult for companies to defend their correlation patents? How will weakened patent law for disease correlations impact market exclusivity and the willingness of companies to pursue costly R&D?
Additional Information
Mentioned in This Report
Companies
Abbott
Affymetrix
Agilent
Amgen
Applera
Aventis (now Sanofi - Aventis)
Bayer
Celera Genomics
Chiron
Chugai
Competitive Technologies
Dako
deCode Genetics
Diagnostic Products
Corporation
Genentech
Gen-Probe
GlaxoSmithKline
Human Genome Sciences
Immunex
Incyte Genomics
Laboratory Corporation
of America Holdings
(LabCorp)
Lilly
Merck
Metabolite Laboratories
Mohr, Davidow Ventures
Nanogen
Novartis
Novo Nordisk
Perlegen
Pfi zer
Roche
Sequenom
University Patents
Wyeth
Universities
Baylor College of Medicine
Columbia University
Cornell University
General Hospital
Georgetown University
Harvard University
Johns Hopkins University
Massachusetts Institute of
Technology
Salk Institute
Stanford University
University of California
University of Colorado
Health Sciences Center
University of Pennsylvania
University of Texas
University of Wisconsin
Courts
U.S. Supreme Court
U.S. Court of Appeals for
the Federal Circuit
U.S. District Court for the
District of Colorado
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