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Innovation and intellectual property: The case of genomic patenting

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  • Brian A. Jackson

    (RAND, Arlington, Virginia)

Abstract

In an effort to balance static and dynamic efficiency in the production and use of knowledge, societies institute intellectual property policies. In the United States, the patent system is a well-established mechanism to provide inventors with time-limited protection of new technologies in exchange for disclosure of information about their inventions. Emerging biotechnology, specifically the filing of patents on gene sequences, raises serious questions about whether the patent system is appropriately weighing societal costs and benefits in its grants of intellectual property protection. Gene sequences represent a hybrid case between discrete inventions and more general pieces of information that are useful for many, potentially very different, purposes. This information content in genes makes it possible for a patent on a gene to cover a wide range of possible technological applications and, as a result, be of unknown breadth when issued. This analysis explores the potential effect of these characteristics on future innovation in biotechnology. © 2003 by the Association for Public Policy Analysis and Management.

Suggested Citation

  • Brian A. Jackson, 2003. "Innovation and intellectual property: The case of genomic patenting," Journal of Policy Analysis and Management, John Wiley & Sons, Ltd., vol. 22(1), pages 5-25.
    • Handle: RePEc:wly:jpamgt:v:22:y:2003:i:1:p:5-25
    DOI: 10.1002/pam.10093
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    References listed on IDEAS

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    1. Ove Granstrand, 1999. "The Economics and Management of Intellectual Property," Books, Edward Elgar Publishing, number 1651.
    2. Roberto Mazzoleni & Richard R. Nelson, 1998. "Economic Theories about the Benefits and Costs of Patents," Journal of Economic Issues, Taylor & Francis Journals, vol. 32(4), pages 1031-1052, December.
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    Cited by:

    1. Philipp N. Baecker, 2007. "Real Options and Intellectual Property," Lecture Notes in Economics and Mathematical Systems, Springer, number 978-3-540-48264-2, December.
    2. Guadalupe Palacios-Núñez & Gabriel Vélez-Cuartas & Juan D. Botero, 2018. "Developmental tendencies in the academic field of intellectual property through the identification of invisible colleges," Scientometrics, Springer;Akadémiai Kiadó, vol. 115(3), pages 1561-1574, June.

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