Divergence in patent systems: a discussion of biotechnology transgenic animal patentability and US patent system reform

Abstract

While the US patent system has no doubt provided valuable incentives to researchers to innovate, culminating in new discoveries, the same system has restricted the research it seeks to promote. Part 1 of this article addresses the history and present state of the US patent system. In Part 2, biotechnology transgenic animal patentability is discussed, with the 'OncoMouse' technology's impact on major research initiatives as a model for why the US patent system does not work. Part 3 addresses proposed avenues for balancing the various purposes of patents as they relate to biotechnology research and medical inventions.