The Evaluation of Research tools i nventions patentability in nanobiotechno logy

Nanob iotechnolog y has become one of the key tech nologies of the ۲۱st c entury. The rapid evolution of nan obiotechnol ogical research has raised expectations of fin ding ever better treatment to an increased num ber of illnesses. Due to the comple xity of nan obiotechnol ogical research, researchers—scientists working in academia and in commercial e nterprises alike— need access to numerous reso urces for th eir projects. In the dom ain of nano biotechnolo gy, a single basic patent often enables the patentee to e xclusively manufactur e more tha n one product or use mo re than one method. A ccess to rese arch tools is a prerequisite to continuing scientific advancement in nanobiotechnology.There is an ongoing debate about the ways in which patents i mpact on nanobiotechno logy. Patents can have severe detrimental eff ects on inn ovation and indirectly on public health. DNA patents as a form of research tool patents are of particular concern. I n particular, most patents for research tools ar e applicable to various purposes and are helpful in prom oting research. However, at the sam e time, the y are often less substitutable. If res earch tool patents are not easily available for research, the R&D process becomes stalled. That is because of two main reasons. F irst, if individual patents are licensed on a restrictive basis, access to fundamental technolo gy could be blocked and hence, h inder downs tream research and de velopment. Genes are di scovered to be fundam ental to life. Thus genes have beco me the b asis for exploring diseases and therefore, to develop new pharmaceuticals. Consequently patents on genes started to endanger innovation and impede research. Secondly, if it is requ ired to negotiate licen ses over mu ltiple patent s, the pace o f innovation could be d elayed and creating w hat is know n as an an ticommons. Therefore, facilit ating the use of research tool patents is an important challenge in the promo tion of R &D activitie s in the li fe sciences and the c reation of innovation from achiev ements in such activities especi ally in nanobiotechnology. Responding to these concerns, proposals have been made to facilitate acce ss to the necessary inputs. Universities, etc. and private businesses are expected to end eavor to establish practical operations in lin e with the recommendations and avoid disp utes involving research tool patents, thereby fa cilitating th e mutual use of researc h tool patents in research.

کلیدواژه ها:

Nanobiotechnology ، Nanomedicine ، Intellectual Prop erty Rights ، Research Patent ، EPC ، TRIP S Agreement.