Alienation from the Objectives of the Patent System: How to Remedy the Situation of Biotechnology Patent

作者：Jiang, Li^*

来源：Science and Engineering Ethics, 2019, 25(3): 791-811.

DOI：10.1007/s11948-018-0043-3

• Alienation
• Patent
• Justification
• Biotechnology

Some fundamental biotechnologies hold unprecedented potential to eradicate many incurable diseases. However, in absence of regulations, the power of patent makes the future use of some important biotechnology in few institution's hands. The excessive patents restrict researcher access to the fundamental technologies. It generates concerns and complaints of deteriorating the public health and social welfare. Furthermore, intellectual curiosities, funding, respect among colleagues etc., rather than patents, are the real motivations driving a major ground-breaking discoveries in biotechnology. These phenomena reveal that some biotechnology patents are alienated from the purpose of patent system. Therefore, it is necessary to take some approaches to stop over-patenting these fundamental biotechnology inventions. This article proposes a model regulatory framework for controlling biotechnology patent alienating from the purpose of patent system.

• 出版日期2019-6
• 单位苏州大学