International dimensions of patent law as it pertains to animal and agricultural biotechnology

Abstract

Patent systems foster increased innovation indirectly, by increasing the profit that can potentially be obtained from commercializing new technology. How best to administer such systems requires a balance between costs and benefits that have both economic and social characteristics.

The extension of patent systems into the international arena raises several problems. The national character of each country's patent system virtually guarantees variation and nonuniformity. Further, the administration of national patent systems, in particular the manner in which that administration affects foreign inventors, has the potential to impact balance‐of‐trade issues significantly.

This paper explores the manner in which the analysis of patenting, from a domestic perspective, must be altered to account for complexities of the international environment. Special emphasis is given to an examination of issues that are of current political interest.

The paper also explores the manner in which these issues impact the attempt to gain international patent protection on biotechnological inventions that involve animal subject matter. The interaction between the technology and the emerging law is discussed, both from the perspective of a technology owner seeking to maximize return, and from a national government seeking proper administration.