Biotechnology, Technology Policy, and Patentability: Natural Products and Invention in the American System

Emory Law Journal, Vol. 50, p. 101, 2001

91 Pages Posted: 22 Aug 2008

See all articles by John M. Golden

John M. Golden

University of Texas at Austin - School of Law

Abstract

To understand how to shape United States patent law to further the development and dissemination of biotechnology, it is necessary to understand the nature of the American biotechnology enterprise as a scientific, governmental, and industrial whole. Publicly funded research still plays a dominant role in fostering the basic scientific and technological advances that drive biotechnology forward. Consequently, over-emphasis on patent protection risks displacing public sector values that have played key roles in biotechnology's development. Although patent law appears to have facilitated innovation by small firms, the importance of publicly funded research and public sector values suggests the desirability of robust enforcement of basic requirements for patentability, including that of utility.

Suggested Citation

Golden, John M., Biotechnology, Technology Policy, and Patentability: Natural Products and Invention in the American System. Emory Law Journal, Vol. 50, p. 101, 2001, Available at SSRN: https://ssrn.com/abstract=1241983

John M. Golden (Contact Author)

University of Texas at Austin - School of Law ( email )

School of Law
727 East Dean Keeton Street
Austin, TX 78705
United States
(512) 232-1469 (Phone)

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