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Is the Patent Frenzy Restricting Medical Research?

Posted February 12, 2011 7:58 AM

Intellectual property has become immensely profitable around the globe. Scientists undertake research with a constant eye on patent potential and rush to submit applications. Patents may benefit the holders, but they also limit avenues of investigation for other researchers — an issue that is of increasing concern in the area of stem cell research, for example. Patent holders may be focused on their business plans, but what about the patients out there who suffer while research stalls out?

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Anonymous Poster
#1

Re: Is the Patent Frenzy Restricting Medical Research?

02/18/2011 12:35 PM

My understanding of patents is that they do not prevent researchers from investigating the patented process. The patents only prevent profitable sale of the patented technology. Therefore, if technology A is patented, someone else can investigate it, improve on it, and patent the improvement with Patent B. The owner of patent B cannot immediately utilize his patent due to patent A, but owner A cannot utilize the patent B technology improvement. This is were negotiation and trade agreements come in, so that a license to use the other's technology, with appropriate royalties, can come about for the mutual benefit of both patent holders. As a result, patenting technology should not be preventing further research in an area if people understand patent law, since it does not prevent the research legally, and economically any improvements can be shared using a reasonable licensing agreement. Other patent validity and enforcability issues exist too. See a patent lawyer before quiting any research due to someone else's patent. PBS (12 patents).

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Anonymous Poster
#2

Re: Is the Patent Frenzy Restricting Medical Research?

02/20/2011 1:38 AM

When that happens they should start collective Patents that gather data as a computer program might,keeping a list of all submissions networking or connecting the dots ,of a similar Projected Invention whether or not they are working in the same field and Paying them for their efforts or Buying out everyone else who was involved at all in the critically assessed Intellectual property with contributing to the work.

Patents arent the problem its poor submission catalouge / record keeping techniques. Pacing that will one day solve the problem. ds

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