Protein patent concerns 10/11/03. By the Public Health Genetics Unit Experts warn that broadly interpreted patents on proteins could prove more obstructive in the future than they have been in the past.

Up until now, patents on large numbers of proteins, unlike genomic sequence, have not caused concern in the scientific community. 'Protein prospecting' has traditionally not yielded large rewards, as the process of finding important proteins has been long, labour-intensive and unprofitable, unless the protein could be used as a drug target or as a drug itself, as in the case of erythropoietin (EPO).

But now large-scale protein identification is making identifying proteins easier. Projects in the US and Japan have shown that they can quickly determine the structure of thousands of previously unknown proteins, providing many new drug development targets to patent. However, if that patent is broadly written, others may be prevented from working on it, effectively 'ring-fencing' the protein.

Feature: What can and can't be patented?

In the past US researchers have relied on a research exemption to avoid this problem, but this might be set to change. In a recent ruling by the Supreme Court, the research exemption was used by Duke University to defend its work on a technology patented by a previous employee. The Supreme Court decided in favour of the employee, stating that the University was not indulging in philosophical inquiry, as allowed by the research exemption, but in active research for gain. If precedent is set and the research exemption is disallowed for those working with patented proteins, work could be hindered.

The NIH has funded a study at the National Academy of Sciences to look into the potential impact on research of broadly interpreted patents on proteins and other biological molecules.

Article courtesy of the Public Health Genetics Unit .

Further reading

Cyranoski D. Intellectual property: This protein belongs to... Nature 2003 426: 10-11. Commentary

Link

National Academy of Sciences Study: Defining patent policy for protein related research