Bayh-Dole Reform and the Progress of Biomedicine

Authors

Arti K. Rai, University of Pennsylvania Law SchoolFollow
Rebecca S. Eisenberg, University of Michigan Law SchoolFollow

Document Type

Article

Publication Date

1-2003

Abstract

Advances in fundamental biomedical research play an important and growing role in the development of new therapeutic and diagnostic products. Although the development of pharmaceutical end products has long been a proprietary enterprise, biomedical research comes from a very different tradition of open science. Within this tradition, long-standing norms call for relatively unfettered access to fundamental knowledge developed by prior researchers. The tradition of open science has eroded considerably over the past quarter century as proprietary claims have reached farther upstream from end products to cover fundamental discoveries that provide the knowledge base for future product development.

Recommended Citation

Eisenberg, Rebecca S. "Bayh-Dole Reform and the Progress of Biomedicine." A. Rai, co-author. Law & Contemp. Probs. 66, no. 1/2 (2003): 289-314.