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Gorman John Marshall IP Biotech Symposium 4-15-11 2 Final

Gorman John Marshall IP Biotech Symposium 4-15-11 2 Final

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Published by Brian Gorman
When the fields of intellectual property law and biotechnology intersect, most analysis is driven by economic and ethical issues. This article examines these factors, but in relation to the emerging security threat posed by biohackers, or do-it-yourself (“DIY”) scientists, who operate free from oversight and industry norms at the fringes of the biotechnology community. Public health risks are poised to grow as these citizen-scientists race for lucrative discoveries in the new frontier of synthetic biology. This article proposes that the existing paradigm adjust accordingly to leverage regulatory compliance from the most ambitious biohackers looking to benefit from patent protection. The U.S. government could bring aspiring entrepreneurial biohackers into the fold by making non-institutional patent applicants undergo Center for Disease Control biosafety training, personnel screening, and lab registration one year prior to receiving patent application eligibility in order to reduce some of the potential risk of these unmonitored labs present.
When the fields of intellectual property law and biotechnology intersect, most analysis is driven by economic and ethical issues. This article examines these factors, but in relation to the emerging security threat posed by biohackers, or do-it-yourself (“DIY”) scientists, who operate free from oversight and industry norms at the fringes of the biotechnology community. Public health risks are poised to grow as these citizen-scientists race for lucrative discoveries in the new frontier of synthetic biology. This article proposes that the existing paradigm adjust accordingly to leverage regulatory compliance from the most ambitious biohackers looking to benefit from patent protection. The U.S. government could bring aspiring entrepreneurial biohackers into the fold by making non-institutional patent applicants undergo Center for Disease Control biosafety training, personnel screening, and lab registration one year prior to receiving patent application eligibility in order to reduce some of the potential risk of these unmonitored labs present.

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Categories:Types, Business/Law
Published by: Brian Gorman on Apr 18, 2011
Copyright:Attribution Non-commercial

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04/18/2011

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Brian J. GormanDirector, Biosecurity Commons Assistant Professor, Towson University
 
€
M
odify Patent Eligibility for Biohackersand Do-It-Yourself Scientists to reducerisks of negligent & malevolent use of synthetic biology.
 
€
Establish the U.S. Patent Office as a Gatekeeperfor entrepreneurial DIY synthetic biology.
€
M
andate that biohackingpatent seekerscomply with security requirements 1 year priorto applying for patents in synthetic biology.
‡
a.) Lab registration to help the F.B.I. distinguish thelegitimate network of DIY science from others, and
‡
b.) CDC biosafetytraining for amateurs interested infollowing the synthetic biology gold rush, and
‡
c.) Basic personnel reliability screening to identifyindividuals who should neither be trusted to work withsynthetic biology nor hold patents in the area.

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