Biotechnology's Prescription for Patent Reform

Review of Intellectual Property Law, Vol. 5, p. 318, 2006

31 Pages Posted: 22 Sep 2006  

Christopher M. Holman

University of Missouri - Kansas City School of Law

Abstract

On June 8, 2005, Congressman Lamar Smith introduced H.R. 2795, the Patent Reform Act of 2005, aimed at improving the quality and certainty of issued patents, simplifying the patent procurement process, harmonizing U.S. law with international practice, and reining in abusive patent enforcement practices. Congress has set the legislation aside for the time being, but will likely revisit the issue again shortly. The biotechnology industry, one of the fastest growing sectors in the United States economy, strongly opposes many of the proposed reforms. This paper considers the Congressional testimonies of the Biotechnology Industry Organization ("BIO") and other representatives of biotechnology's interests, and finds that the industry's adamant opposition to many of the proposals is driven largely by a belief that biotechnology patents function primarily as tools for securing investment funding, and the fear that investment in biotechnology will be adversely impacted if investors perceive that patent reform has weakened the rights of patent owners and inventors. The paper also considers how the biotechnology sector might be impacted if the proposed reforms are enacted into law, and describes some recent biotechnology cases wherein the outcome might have been different if the reforms had already been in place.

Keywords: biotechnology, patent, H.R. 2795, patent reform, pharmaceutical, drug, reform, smith, congress, testimony, hearing

Suggested Citation

Holman, Christopher M., Biotechnology's Prescription for Patent Reform. Review of Intellectual Property Law, Vol. 5, p. 318, 2006. Available at SSRN: https://ssrn.com/abstract=932050

Christopher M. Holman (Contact Author)

University of Missouri - Kansas City School of Law ( email )

5100 Rockhill Road
Kansas City, MO 64110-2499
United States

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