Abstract

http://ssrn.com/abstract=668721
 
 

Citations (3)



 
 

Footnotes (242)



 


 



Rethinking Rights in Biospace


Robin Feldman


University of California Hastings College of the Law


Southern California Law Review, Vol. 79, No. 1, 2005

Abstract:     
Twenty-five years ago, Federal courts opened the door to the biotechnology revolution by granting patents on genetic inventions. The nature of such inventions, however, increasingly conflicts with the implications of rules created for mechanical products. In particular, across five disparate doctrines, courts are struggling with the question of whether the definition of a biotech invention should include things beyond the state of the art at the time of the invention. Reaching beyond the state of the art may make sense for mechanical inventions, but it is wreaking havoc in doctrines related to biotechnology. A doorknob is a doorknob, regardless of whether it is made of wood or glass. A doorknob has no parts we can't identify, and there is no hint that the doorknob may be integrating with the door in ways we never dreamed of. Can we really say, however, that an antibody is an antibody, no matter how it works or what materials it is made out of? This article argues that in uncertain arts such as biotechnology, the definition of an invention should be limited to the state of the art at the time of the invention. Granting rights beyond knowledge at the time of the invention projects an enormous shadow across the future and creates untenable results. The temptation to restrain that reach has led to strange doctrinal twists and an unworkable body of law. After twenty-five years of experience, it is time to rethink our view of the proper shape of rights in this realm.

Number of Pages in PDF File: 44

Keywords: biotech, biotechnology, gene, genes, inherency, written description,enablement,patent

Accepted Paper Series





Download This Paper

Date posted: February 18, 2005  

Suggested Citation

Feldman, Robin, Rethinking Rights in Biospace. Southern California Law Review, Vol. 79, No. 1, 2005. Available at SSRN: http://ssrn.com/abstract=668721 or http://dx.doi.org/10.2139/ssrn.668721

Contact Information

Robin Feldman (Contact Author)
University of California Hastings College of the Law ( email )
200 McAllister Street
San Francisco, CA 94102
United States

Feedback to SSRN


Paper statistics
Abstract Views: 1,046
Downloads: 147
Download Rank: 118,216
Citations:  3
Footnotes:  242

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo7 in 0.250 seconds