Pathways Across the Valley of Death: Novel Intellectual Property Strategies for Accelerated Drug Discovery

37 Pages Posted: 17 Jan 2008

See all articles by Arti K. Rai

Arti K. Rai

Duke University School of Law; Duke Innovation & Entrepreneurship Initiative

Jerome H. Reichman

Duke University School of Law

Paul F. Uhlir

The National Academies - National Academy of Sciences (NAS)

Colin R. Crossman

Independent

Abstract

Drug discovery is stagnating. Government agencies, industry analysts, and industry scientists have all noted that, despite significant increases in pharmaceutical R&D funding, the production of fundamentally new drugs - particularly drugs that work on new biological pathways and proteins - remains disappointingly low. To some extent, pharmaceutical firms are already embracing the prescription of new, more collaborative R&D organizational models suggested by industry analysts. In this Article, we build on collaborative strategies that firms are already employing by proposing a novel public-private collaboration that would help move upstream academic research across the valley of death that separates upstream research from downstream drug candidates. By exchanging trade secrecy for contract-based collaboration, our proposal would both protect intellectual property rights and enable many more researchers to search for potential drug candidates.

JEL Classification: K10, K12

Suggested Citation

Rai, Arti Kaur and Reichman, Jerome H. and Uhlir, Paul F. and Crossman, Colin R., Pathways Across the Valley of Death: Novel Intellectual Property Strategies for Accelerated Drug Discovery. Yale Journal of Health Policy, Law, and Ethics, Vol. 8, No. 1, 2008. Available at SSRN: https://ssrn.com/abstract=1085027

Arti Kaur Rai (Contact Author)

Duke University School of Law ( email )

210 Science Drive
Box 90362
Durham, NC 27708
United States

Duke Innovation & Entrepreneurship Initiative ( email )

215 Morris St., Suite 300
Durham, NC 27701
United States

Jerome H. Reichman

Duke University School of Law ( email )

210 Science Drive
Box 90362
Durham, NC 27708
United States

Paul F. Uhlir

The National Academies - National Academy of Sciences (NAS) ( email )

500 Fifth Street, NW
Washington, DC 20001
United States

Colin R. Crossman

Independent ( email )

No Address Available

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