Patent Law and the Emerging Science of Synthetic Biology: An Examination of Principle and Practice

Abstract

Abstract This article considers how the longstanding debate about patent law and biotechnology is playing out in the emerging field of synthetic biology. Synthetic biology draws on molecular biotechnology, chemical engineering, genomics, and information technology to create new tools and techniques with the potential to yield transformative applications in energy, medicine, and many other areas. There has been concern that very broad patents in synthetic biology could impede the development of innovative products and public access to them, thwarting the policy goals of the patent system. Some synthetic biologists are seeking patents, while others are sharing their work in order to avoid the pitfalls of the patent system. The article investigates whether synthetic biology raises new intellectual property issues, and whether law reform or new policies are required. It analyzes the likely impact of key United States case law, such as the Myriad decision on the patentability of synthetic biology technologies....