Intellectual Property and Bioprospecting
The acquisition of intellectual property rights is one phase of a typical bioprospecting research project. The first stage, the discovery or collection of biological resources or material, does not itself constitute or create intellectual property. A discovery does not equate to an invention.
To be eligible for a patent the biological material must first be screened for useful properties. New and active chemicals must be isolated or purified and new chemical structures described.
Patents will not be granted in New Zealand for micro-organisms that occur in nature when found in their natural state. If, however, these naturally occurring micro-organisms have been isolated (removed from their natural state and modified in some way), it is possible to make patent claims in relation to them. New structures or types of bioactivity may, therefore, be patented including, for example, antibiotic, insecticidal or anti-tumour properties of the biological materials collected.
A plant variety right may be available for the discovery of a new variant of a native species, found in nature, which has been cultivated and which has distinct, uniform and stable characteristics that are retained when propagated.
Following the acquisition of intellectual property rights product, development, manufacturing and marketing of a final product may occur. It is important to note that very few patented substances are developed into commercially successful products.
Intellectual property rights may be bought and sold just like any other form of property. A research team, having collected biological material and isolated patentable properties may, for example, not have the resources or expertise to progress the research project to the later stages. They may assign their rights to any patents obtained to a pharmaceutical company for a fixed sum or a share of any royalties later obtained. Researchers might also sell material collected before obtaining intellectual property rights.
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