Patent power in biomedical innovation: technology governance in biomodifying technologies

Bicudo, Edison, Morrison, Michael, Li, Phoebe, Faulkner, Alex, Mourby, Miranda and Kaye, Jane (2022) Patent power in biomedical innovation: technology governance in biomodifying technologies. The Journal of World Intellectual Property. ISSN 1422-2213 (Accepted)

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Abstract

Biomedical innovation is often rewarded by exclusive proprietary rights such as patents. In the case of gene editing, induced pluripotent stem cells, and 3D bioprinting (here described as biomodifying technologies), the limitations of the patent system come into stark relief, generating both technical and political doubts. Generally, political and technological limitations are supposed to be solved with so-called good governance, based on some principles. We focus on three of such governance principles (participation, accountability, and transparency) to show how they have been weakened, instead of strengthened, by the current patent system. We demonstrate that although patent applications are submitted by both public and private players, the latter have imposed a growing dominance in gene editing, induced pluripotent stem cells, and 3D bioprinting, disseminating their aggressive and exclusive strategies. As a consequence, a logic of experimentality tends to prevail where the three fundamental governance principles fail to be enacted.

Item Type: Article
Schools and Departments: School of Law, Politics and Sociology > Law
SWORD Depositor: Mx Elements Account
Depositing User: Mx Elements Account
Date Deposited: 01 Jul 2022 11:32
Last Modified: 06 Jul 2022 12:50
URI: http://sro.sussex.ac.uk/id/eprint/106730

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