Diagnostic Kits/Patent pools and diagnostic testing
Jump to navigation
Jump to search
Verbeure, B. et al., 2006. Patent pools and diagnostic testing. Trends in Biotechnology, 24(3), 115-120.(Verbeure et al. 2006) Available at: http://www.sciencedirect.com/science?_ob=ArticleURL&_udi=B6TCW-4J4HK5P-1&_user=10&_rdoc=1&_fmt=&_orig=search&_sort=d&_docanchor=&view=c&_acct=C000050221&_version=1&_urlVersion=0&_userid=10&md5=8c0fd5a6f1431a3cbfc9ff2f37470c3b [Accessed August 8, 2009].
- Verbeure, B. et al., 2006 - This article addresses the concern that genetic patents will lead to high costs of innovation, which in conjunction with royalty payments will act as a disincentive to innovation. The authors consider patent pools in the diagnostic field as a possible solution and examine existing examples of patent pools in genetics. Patent pools are defined as, “agreements between two or more patent owners to license one or more of their patents as a package to one another, and to third parties willing to pay the associated royalties” (Verbeure, B. et al., 2006). US Antitrust law limits the behavior of patent pools which have the potential to exert unfair market pressure.
- The benefits of a patent pool include the possible elimination of stacking licenses, reduction of patent licensing transaction costs, and a decrease in patent related litigation. While these potential benefits are appealing in many industries, the biotechnology industry lacks standard-driven incentives found in other industries which may reduce the gains possible by creating a biotechnology patent pool. The article hypothesizes that “standards can be an important trigger to set up a pool, as illustrated in the electronics and telecommunications sectors, and this might also be true in the field of genetics” (Verbeure, B. et al., 2006).
- The article concludes that patent pools would likely act as an important tool to removing patent thickets that are harmful to genetic research. Additionally, the emerging standards in genetic research will likely lead to easier cooperation within patent pools. Finally, it is suggested that an organization with funding would likely be necessary for the creation of the pool.