Patent Conflicts in User-Driven Biotechnology: Examining Knowledge Management Strategies for Patentable Research Resources to Stimulate DIY Bio and Other Social Production in Biotechnology
Creators: name: Chung, Haewon
Publisher: name: Université d'Ottawa / University of Ottawa
Year: 2021
Subjects: DIY bio
patentable knowledge management
biotechnology
open access
open science
open innovation
social production in biotechnology

description: Since 2000, digital technology and other technological advances such as 3D printing have improved non-traditional scientists’ participation in biotechnology and life science research and development. Non-traditional scientists, including amateur scientists, students and graduates from the life sciences, artists, programmers, engineers, and entrepreneurs, have rapidly increased under the Do-It-Yourself biotechnology (DIY bio) movement. These DIY biotechnologists or DIYers increase biotechnology research and life science inventions in society by encouraging open and cooperative development. Biotechnology research and development (R&amp;D), especially in healthcare and agricultural biotechnology, suffers from patent proliferation with fragmented and overlapping rights that cover upstream research resources and research tools which can enable downstream developments. The proliferation of patents and related rights protecting upstream research can be detrimental to progress and citizens’ welfare because they can increase the cost of R&amp;D, interfere with access to upstream research tools, and allow R&amp;D to be concentrated around the issues found in developed nations. Many DIYers depend on self-funding and community resources to experiment with biotechnology. Proprietary research tools and equipment are harder to access. Some of them operate alongside proprietary R&amp;D in a research area by building on off-patent technologies and inventing around patents. Some DIYers have made significant contributions in science that benefit other biotechnology researchers and developers, such as developing and manufacturing open source versions of proprietary research tools and equipment. Nonetheless, they can risk inadvertent patent infringement by working in competitive biotechnology research areas with heavy patent coverage. The presence of patent thickets in biotechnology can also discourage volunteers’ initial participation in open R&amp;D. When third party patents develop around open and cumulative development, the risk of patent infringement increases for downstream development and commercial activities based on upstream open R&amp;D. Alternative knowledge management strategies, such as open source patent licensing, clearinghouses and contract-based compensatory liability regimes, allow open innovation communities to create a protected commons of shared resources. However, these do not resolve problems in biotechnology patent law, such as fragmented and overlapping rights on cumulative technologies and strategic patent use. Government actions can address these problems, such as broadening outdated patent law exceptions, which can discourage unnecessary patenting and reduce the risk of infringement in alternative innovation environments.