Future Patent System Design
Stockholm - Additional disclosure requirements in patent applications regarding the origin of biological materials from developing countries should not be included in the present patent system, according to a position paper recently published by SwedenBIO and IP experts from member companies such as AstraZeneca, Awapatent, Biovitrum and Advokatbyrån Delphi. Further disclosure requirements would complicate an already complex patent system by imposing extra work and costs on the applicants. The innovation system would be slowed down considerably.
In order to comply with existing regulations containing similar requirements, “the origin of biological materials is in practice almost always provided”. SwedenBIO understands the developing countries' wish to share profits generated from genetic resources present in their countries, yet the experts call on the international community to develop regulations and provisions on dividing profit from biological materials. SwedenBIO was invited by the Foreign Ministry and the National Board of Trade to provide input from the biotech industry on the design of a future patent system.