Speaker: Prof. Bita Amani
Queen’s University
Centre for Innovation Law and Policy
Social Science Humanities Research Council of Canada
Title: The Patent Epidemic: A Prescription for Iranian Scietific
Researchers and a Nuanced Prognosis
Time: Saturday, Jun 18, 2005
Location: Bu-Ali Research Institute, Mashad University of Medical Sciences, Mashad
Abstract :
If the growing scholarship is any indication, academics in the field of intellectual property are increasingly examining the impact of the trend towards “property fundamentalism” and the complicity of the law in enclosing the commons. Nowhere is the concern more relevant and manifest than at the intersection of biotechnology and patent law.
The presentation will review the history of the definition of “invention” in North America as a way of explaining recent patent proliferation trends and the World Bank’s report of a “surge in patenting”. What are the consequences for the Genetic Age? Biotechnology undertakes to alleviate much of human suffering with the promise of the possibility for better drugs, more resilient crops, and the means for improved social welfare. Patents are commonly normatively justified for their role in expediting the innovative process by providing the necessary incentives for investment into research and development. However, what needs to be considered is whether the increase in patents issued is attributable to actual greater innovative activity. Others suggest that the increase may be a result of a progressively relaxed interpretation and application of patentability requirements, increased anti-competitive behaviour by large multinational corporations, or perhaps a more patent friendly judiciary. Of course, the long term consequences of the surge remains to be seen; potentially fettering rather than advancing the very objectives the patent system is designed to serve.
This presentation will discuss the increase in biotechnology patents and will consider the potential impact of the growth in patent grants on future innovative activity. It will also contemplate whether there are viable options available under current domestic law for the balancing of broader public policy objectives. The main focus of this examination is to investigate the regulatory mechanisms that may be used to tighten up the requirements for patentability in order to make the system less porous up front and yet remain compliant with our international obligations under the Trade Related Aspects of Intellectual Property Agreement. Our goal should be to ensure greater validity amongst the patents issued, thereby increasing the efficiency and reliability of the patent system for inventors and users of new technology alike. Our goal should not be more patents.