In this timely volume Professor Arti Rai brings together a wide range of articles that reveal the important role of intellectual property law in the formation and development of the dynamic and economically significant biotechnology industry. The collection encompasses theoretical articles that present principles of patent economics important to the industry, articles that discuss the patent law doctrines most relevant to biotechnology and empirical studies on the ‘real world’ effects of patents and secrecy. These are resonant issues in an ever-expanding field, and will establish this book as an essential reference point for lawyers, researchers and students.
Note
In this timely volume Professor Arti Rai brings together a wide range of articles that reveal the important role of intellectual property law in the formation and development of the dynamic and economically significant biotechnology industry. The collection encompasses theoretical articles that present principles of patent economics important to the industry, articles that discuss the patent law doctrines most relevant to biotechnology and empirical studies on the ‘real world’ effects of patents and secrecy. These are resonant issues in an ever-expanding field, and will establish this book as an essential reference point for lawyers, researchers and students.
Formatted Contents Note
Acknowledgements Introduction Part I: The Law and Economics of Biotechnology Patents: First Principles A. Foundational Technologies 1. The Nature and Function of the Patent System 2. On the Complex Economics of Patent Scope B. Anti-commons 3. Can Patents Deter Innovation? The Anti Commons in Biomedical Research 4. Working Through the Patent Problem 5. Do Formal Intellectual Property Rights Hinder the Free Flow of Scientific Knowledge? An Empirical Test of the Anti-commons Hypothesis 6. Clearing a Path through the Patent Thicket C. Patents and Industrial Organization 7. Specialised Supply Firms, Property Rights and Firm Boundaries Part II: Addressing Transaction Costs: The Role of the Utility Requirement 8. Biotechnology, Technology Policy, and Patentability: Natural Products and Invention in the American System Part III: The Role of Institutions: Biotechnology Patents and the Federal Circuit 9. Intellectual Property Rights in Biotechnology: Addressing New Technology 10. Is Patent Law Technology-Specific? Part IV: Patentable Subject Matter 11. Propertizing Thought Part V: Experimental Use 12. No ‘’Dilettante Affair’’: Rethinking the Experimental Use Exception to Patent Infringement for Biomedical Research Tools Part VI: The Role Of Secrecy And Physical Excludability 13. Where Excludability Matters: Material Versus Intellectual Property in Academic Biomedical Research Part VII: Commercialization Of Publicly Funded Research 14. Proofs and Prototypes for Sale: The Licensing of University Inventions 15. Bayh-Dole Reform and the Progress of Biomedicine Part VIII: Intellectual Property and Consumer Access 16. The Dangers of Diagnostic Monopolies 17. Entry and Competition in Generic Biologics Name Index