Intellectual property protection in animal biotechnology ‐ a business with pros and cons

Abstract

Animal patents are being issued by the Patent and Trademarks Offices throughout the world. Since the announcement by Donald J. Quigg in April of 1987, numerous patents have issued which fall within the definition of patentable animal subject matter. There continues to be discussion centered around the economics, environmental and ethical issues associated with patenting living organisms. Although one criticism of patenting life forms is that owners of each patent can suppress further development by others, there are others who contend the patent process actually will result in greater sharing of scientific advances. Other considerations that arise as a result of patenting life forms consist of; 1) an exemption for researchers who use patented animals to make further improvements; 2) a limitation on the numbers of generations that a royalty is collected; and 3) no royalties for commercial breeders who are producing offspring from patented animals for their own use. In conclusion patenting new life forms has resulted in numerous questions regarding the pros and cons associated with such rights. There are numerous scientific benefits associated with biotechnology and resultant patents for novel living organisms. In addition, in order for the public to realize the benefits, significant research and development efforts, including safety, are required. The patent process is designed to assure that the public benefits from these scientific advances.