Patent Pools, Competition Law and Biotechnology

Exploring the relationship between competition law and technology pools, this book provides general purpose details of the Biotechnology Patent Pool scheme while discussing historical developments, approaches of the US Deptartment of Justice (DOJ), Federal Trade Commission (FTC), and the European Union Competition Commission via EU regulations. In addition to these regulatory approaches and evolution in concept and theory of technology pools, this book illustrates relationship issues including tying arrangements and essential facility consideration vis-à-vis technology pools. It analyses the modalities of forming such pools in area of biotechnology, specifically illustrating that the formation of technology pools is possible and can be safely undertaken, and proposes a viable solution and structure.

Patent Pools in the Biotechnology Industry is the first of its kind approach to technology pools in the biotechnology area and shall pave the way towards open collaborative research reducing patent thickets. Formation of such pools shall increase access to various technology and patents otherwise out of bounds, resulting in a reduction of licensing costs and a spur in development of new solutions. Most importantly, such a pool will reduce frequency of patent toll gates making the entire spectrum of the research interesting from perspective of researchers as well as investors. It will be an aid to researchers studying intellectual property, patents, and biotechnology as well as interest groups including funding agencies, venture funds, angel investors, and proponents of open source movement.

Devdatta Malshe is an independently practicing attorney and Secretary of Trademarks, Patents, Designs & Copyright Owners Association of India.