A study of transgenic animals' patentability and industrial application from Harvard mouse

• Main Authors: Shun-Wen Hu, 胡舜文
• Other Authors: Huei-Chih Niu
• Format: Others
• Language: zh-TW
• Published: 2005
• Online Access: http://ndltd.ncl.edu.tw/handle/44327107834130638409

碩士 === 國立清華大學 === 科技法律研究所 === 93 === Abstract Recombinant DNA technology is used to produce animal inventions that involving a desired gene from one species be isolated and inserted into the DNA of an egg to be implanted into the female of the same or targeted species to produce an offspring containing this gene. The first transgenic animal patent was granted in 1988 for the Harvard mouse, an animal mainly designed for use in testing cancer drugs, and animals that produce pharmaceuticals in “bioreactors.” However, the Harvard mouse patent has also been at the center of controversy surrounding patenting of “higher life forms”, concerning the invention is contrary to ordere public and morality, or patents on plant and animal varieties. Besides, another concern related to IPRs on biotechnology is the blocking of research tools by patents. Many research tools in molecular biology are covered by overly broad process patents. Once such patents are granted, patent owners may impose high royalties on research tools, and lead to underutilization of them. Key Words : Harvard mouse, Oncomouse , transgenic animal, animal variety, patentability, research tool