Constraints on gene patent protection fuel secrecy concerns: a qualitative study

Christi J Guerrini, Amy L McGuire, Mary A Majumder, Juli M Bollinger, Paul J Rowan
2017 Journal of Law and the Biosciences  
ABSTR ACT Concern is mounting that innovators are responding to recent changes in patent eligibility by increasingly choosing to protect their discoveries as trade secrets. Due to the clandestine nature of trade secrets, it is impossible to quantify the extent to which innovators actually elect to protect their inventions as trade secrets rather than patents. Nevertheless, interest in each strategy may be gauged through qualitative means. We conducted semi-structured interviews of legal and
more » ... ntific experts (n = 30) to understand the effect of recent patent eligibility changes on interest in patenting and trade secrecy of genetic innovations. Interview data indicate that secrecy may have increased in strategic appeal relative to patent protection in some areas of genetic innovation, although the actual election of secrecy strategies is often limited as a practical matter.
doi:10.1093/jlb/lsx034 pmid:29868184 pmcid:PMC5965503 fatcat:ov4nv6j6xfawvmhl3axbmdb5di