NAS Warns on Patenting Genes and Proteins

Few biomedical research projects are being delayed or abandoned because of intellectual property restrictions, concludes a study by the National Academies. That report, “Reaping the Benefits of Genomic and Proteomic Research: Intellectual Property Rights,” points out, however, that this situation may change as the patent picture becomes more complex. To avoid future legal problems, the report recommends that scientists and institutions follow best practices guidelines already available from, for example, NIH and the National Research Council, on patenting genes and proteins. The report calls on Patent & Trademark Office examiners to stay current with the scientific and clinical developments in the field. Steps should also be taken to protect researchers from infringement liability when working on patented inventions in this area. “The goal is to ensure that public investments in genomics and proteomics bring about the greatest public good,” said report committee cochair Shirley M. Tilghman, president of Princeton University. “In aiming for that goal, researchers, policymakers, and other stakeholders must recognize that achieving an appropriate balance between protecting research discoveries and granting access to them is critically important to fostering scientific progress and enhancing human health.”