Access to Intellectual Property in Biotechnology: Constraints on the Research Enterprise

Intellectual property rights (IPR) in biotechnology are having a dramatic negative effect on the progress of nonprofit research. Although patent policy and law intend to facilitate research progress, the current practice has led to many barriers in access and use of genetic materials and DNA technology. Such barriers restrict the free exchange of information and threaten the health of our nation’s scientific enterprise. Policies related to patents and licensing are increasing the cost of research at a time when funds for research are being reduced. We wish to discuss some current issues related to research in biotechnology carried out in academic institutions, particularly land-grant universities, and the rapidly changing roles of scientists in relation to intellectual property and industry. The rapid changes in the arena of intellectual property are more acute in the area of biotechnology, which is still in the early stages of development and where many issues are not yet well defined. Further consideration is needed of the costs and benefits of current patent policy and law. Problematic examples are discussed. Some provision (amendment or extension of law) should be made to foster the conduct of basic research in universities and other nonprofit research institutions, and to some extent provide an exemption from the law that governs commercial research and development.