On the Challenges Facing Patent Pooling in Biotechnology

Abstract

The role of patent law and patent practice especially in biotech has gained considerable attention of late as there are concerns that innovative efforts are stifled rather than fostered by intellectual property in the area. In this article, the authors survey some of the difficulties encountered in biotech when it comes to innovation and discuss aspects that touch on the efficacy of patent pooling to overcome innovation barriers. In light of a review of the related research literature addressing the area, it is found that analogies to other industries and areas of R&D are not insightful. As a result, it is concluded that further empirical research and theoretical modeling of patent pooling in biotechnology are needed in order to establish sound policy recommendations.