Intellectual Property Challenges in Synthetic Biology: Strategies for Successful Commercialization

Abstract

Due to its heterogeneous makeup and applications, synthetic biology is a fast-developing field of study within modern life science. Never before has biology seen such a gold rush and shown promise for a knowledge-based economy. Although synthetic biology is still a young field, questions about free access to Research vs the monopolistic intellectual property system (particularly patents) have already begun to surface in the developing bio-based economy. The comparative advantages and shortcomings of open access to research and patenting concerns are critically examined in this paper. It is important to stress that for the development of synthetic biology to serve society as a whole best, both strategies must coexist. Additional IPR types pertinent to synthetic biology IPR concerns in synthetic biology are becoming increasingly prevalent and go far beyond patenting to cover copyright, design rights, trademarks, and data exclusivity. Copyright Two of the critical technologies in synthetic biology could be covered by copyright. First, software is protected by copyright in addition to patents. The fundamental principle is that an "idea" cannot be protected by copyright but that an "expression" of an idea should be protected by copyright. Software is seen as meeting the "expression" criteria and being protected by copyright law despite this fundamental rule. Second, even though courts do not currently regard synthetic biology products as copyrightable material, copyright may be applied to DNA sequences.