Trade Secrets in Biologic Medicine

Can something be both open and secret? That is the conundrum facing society as trade secret rights chafe against patent in cutting-edge, biologic medicine. The conflict unsurprising. Trade has emerged a relatively late bloomer among family of intellectual property only recently begun to establish boundaries its own space, process which it will inevitably knock other doctrines already occupying their domains. Nor surprising that clash would arise fast-moving area medical science. From insulin products, cancer treatments, mRNA vaccines, companies are staking health on biologics. There dearth legal literature topic secrets space almost nothing regarding how interact with system domain. These scientific areas sufficiently complex even most intrepid scholars fear tread. This article explains detailed accessible language systems working together detriment society. To address problem, this argues company receiving drug product should required disclose full range necessary make drug. As descriptions below explain, applicants able satisfy requirement providing sufficient disclosure “one skilled art can use” invention, without actually information do so. surrounding regulatory intended facilitate sharing clinical trial data suffer same problem. frequently said biologics, “the product.” In words, way define derived from elements living organisms by describing producing it. Thus, lack particularly problematic Being faithful theoretical underpinnings regimes requires resolution problem establishment more effective boundary line between patents for