Patent Power in Biomedical Innovation: Technology Governance in Biomodifying Technologies

Bicudo, E, Morrison M, Li P, Faulkner A, Webster A, Mourby M, Kaye J ‘Patent power in biomedical innovation: Technology governance in biomodifying technologies’ (2022) The Journal of World Intellectual Property 1-22

25 Pages Posted: 29 Nov 2022

See all articles by Edison Bicudo

Edison Bicudo

University of Sussex - Department of International Relations

Michael Morrison

University of Oxford - Centre for Health, Law and Emerging Technologies

Phoebe Li

University of Sussex Law School

Alex Faulkner

affiliation not provided to SSRN

Andrew Webster

affiliation not provided to SSRN

Miranda Mourby

affiliation not provided to SSRN

Jane Kaye

University of Oxford - Centre for Health, Law and Emerging Technologies

Date Written: November 26, 2022

Abstract

Biomedical innovation is often rewarded by exclusive proprietary rights such as patents. In the case of gene editing, induced pluripotent stem cells, and 3D bioprinting (here described as biomodifying technologies), the limitations of the patent system come into stark relief, generating both technical and political doubts. Generally, political and technological limitations are supposed to be solved with so-called good governance, based on some principles. We focus on three of such governance principles (participation, accountability, and transparency) to show how they have been weakened, instead of strengthened, by the current patent system. We demonstrate that although patent applications are submitted by both public and private players, the latter have imposed a growing dominance in gene editing, induced pluripotent stem cells, and 3D bioprinting, disseminating their aggressive and exclusive strategies. As a consequence, a logic of experimentality tends to prevail where the three fundamental governance principles fail to be enacted.

Keywords: gene editing; iPSCs; 3D bioprinting; patents; technology governance; experimentality

JEL Classification: K

Suggested Citation

Bicudo, Edison and Morrison, Michael and Li, Phoebe and Faulkner, Alex and Webster, Andrew and Mourby, Miranda and Kaye, Jane, Patent Power in Biomedical Innovation: Technology Governance in Biomodifying Technologies (November 26, 2022). Bicudo, E, Morrison M, Li P, Faulkner A, Webster A, Mourby M, Kaye J ‘Patent power in biomedical innovation: Technology governance in biomodifying technologies’ (2022) The Journal of World Intellectual Property 1-22, Available at SSRN: https://ssrn.com/abstract=4286684 or http://dx.doi.org/10.2139/ssrn.4286684

Edison Bicudo

University of Sussex - Department of International Relations

Sussex House
Falmer
Brighton, Sussex BNI 9RH
United Kingdom

Michael Morrison

University of Oxford - Centre for Health, Law and Emerging Technologies

University of Oxford
Oxford, OX2 7DD
United Kingdom

Phoebe Li (Contact Author)

University of Sussex Law School ( email )

Falmer
Brighton BN1 9QN
United Kingdom

HOME PAGE: http://www.sussex.ac.uk/profiles/305243

Alex Faulkner

affiliation not provided to SSRN

No Address Available

Andrew Webster

affiliation not provided to SSRN

Miranda Mourby

affiliation not provided to SSRN

Jane Kaye

University of Oxford - Centre for Health, Law and Emerging Technologies ( email )

University of Oxford
Oxford, OX2 7DD
United Kingdom

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