Evolving R&D Paradigms and Intellectual Property Strategies: A Historical Analysis across the Chemical, Biological, and Information Paradigms

As research in biology transitions from the chemical, to the biological paradigm, and now to the information-based (systems biology) paradigm, researchers should be aware of how such a transition is likely to interact with the existing patent regime. Such interactions critically affect investments in research and decisions relating to when to patent and what to patent. Practicing researchers both in the biological sciences and other scientific disciplines are increasingly facing the need to develop research and exploitation strategies in domains that are dynamic and complex. The traditional research addressing patent thickets and patent pools offers insufficient guidance with respect to new biological knowledge structures and their accompanying challenges.In this presentation, we historically analyze the evolution of knowledge appropriation as information-based paradigms change, providing case examples of models of appropriation across paradigms, Furthermore, we provide preliminary data on appropriation activities within biopharmaceutical alliances covering the period from 1980 to 2005. From our analysis, it appears that activities across the chemical and biological paradigms tend to focus on downstream, application oriented discoveries. However, the relative frequency of licenses on upstream oriented knowledge and discoveries when the focus of research is information-based warrants further study.