The Frontiers of Intellectual Property: Expanded Protection versus New Models of Open Science

Abstract

The growing salience of intellectual property (IP) rights has reconfigured U.S. science, shifting it from the formerly separate realms of university and commercial science to an increasingly interconnected field of public and proprietary science. We assess both the magnitude and consequences of these developments, first describing the primary tools of IP and the changing nature of their influence on science, and then examining the effects of IP on the roles, rules, and relations of the scientific enterprise. We also consider the emergence of new models of scientific practice that blend both public and private. We debate whether current changes represent a transition or transformation in the relations between science and property. Finally, we argue that just as the public and private spheres of science may be converging, so must future scholarship if we are to answer harder questions about the appropriate balance between traditional logics of open science and the more recent regimes of proprietary science.