Intellectual Property and Emerging Technologies

Intellectual Property and Emerging Technologies

The New Biology

Queen Mary Studies in Intellectual Property series

Edited by Matthew Rimmer and Alison McLennan

This unique and comprehensive collection investigates the challenges posed to intellectual property by recent paradigm shifts in biology. It explores the legal ramifications of emerging technologies, such as genomics, synthetic biology, stem cell research, nanotechnology, and biodiscovery.

Chapter 8: Regulating Gene Regulation: Patenting Small RNAs

Adam Bostanci, Jane Calvert and Pierre-Benoit Joly

Subjects: economics and finance, environmental economics, environment, biotechnology, environmental economics, innovation and technology, technology and ict, law - academic, intellectual property law

Extract

Adam Bostanci, Jane Calvert and Pierre-Benoit Joly Much has been written on the revolution in the life sciences that has taken place over the last 20 years. Perhaps the most important development has been an increasing recognition of complexity in biology, which has led to the emergence of new fields of research such as systems biology and epigenetics. In this chapter, we focus on one recent conceptual shift in particular: the shift away from gene-centric understandings of biological processes. This shift has been fed by – and has reinforced interest in – research on small RNAs, thanks to the recognition of the role of these molecules in many crucial biological processes. Small RNAs and the phenomenon of RNA interference (RNAi) have been seen as therapeutically and commercially promising, to the extent that some prominent commentators have spoken about a patenting ‘gold rush’ in this area.1 In the first section of the chapter, we characterise the patent system in general terms and highlight some recent developments with respect to inventions in the life sciences. We then give some background to the discovery that opened up the field of RNA interference and was eventually rewarded with the Nobel Prize to Andrew Fire and Craig Mello in 2006. We go on to briefly describe the mechanism of RNA interference, and show that it is now thought of as part of a more general and only partially understood RNA silencing system. This has implications for how we view some of the most important patents related...

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