The evolution and impact of genome patents and patent applications

In a single decade, the complete genome sequence of similar to 300 bacterial pathogens has been determined. The potential for acquisition of intellectual property in this time has been enormous. Two schools of thought pervade. In one, mainly associated with academic researchers, the new sequence is immediately made available in public databases to prevent monopolisation. In the other, mainly industry-based, patent applications are filed on the new sequence in order to support possible commercial development of products based on the data. In the end, due to limitations in patent duration and applicability, in this first wave of genome sequence publications it is likely that both strategies will have similar consequences and, in many instances, will have impact primarily as prior art. In order to extend and create value from any future genome-based intellectual property, a new generation of patents derived from functional analyses of the genome sequences will be required.