An essential guide to patent practice and portfolio management in the life sciences

Abstract

Patenting in the life sciences sector has grown exponentially since the 1980s, after the landmark case of Diamond v Chakrabarty 447 U.S. 303 (1980). This has also led to the emergence of national laws and policies, as well as of international treaties focused on patenting in the life sciences. Over the last few decades, research in this field has become even more intensive and competitive. The life sciences industry is no longer the hegemony of huge corporations: start-up companies, as well as companies that research single molecules or drugs, play a major role in the sector. Further, researchers and industry participants have acquired a globalized outlook and an international character. The commercialization of life sciences innovation depends on the intellectual property rights that subsist in it. Patent laws and procedures in this field have evolved to cater to the varied research platforms, industry participants and jurisdictions concerned. The debate on accessibility, which originally characterized a sector focused primarily on medicines and medical devices, has evolved into a debate on ethical and moral issues, related to the patenting of genes and life forms. Further, the adoption of patent strategies tailored to corporate objectives still raises substantial issues in the field, emphasizing the need to balance patenting in the life sciences and safeguarding the public good.