Patent Politics – Life Forms, Markets, and the Public Interest in the United States and Europe - Hardcover

Parthasarathy, Shobita

Hardcover

ISBN 10: 022643785X ISBN 13: 9780226437859

Publisher: University of Chicago Press, 2017

Synopsis

Over the past thirty years, the world's patent systems have experienced civil society pressure like never before. From farmers to patient advocates, new voices are arguing that patents impact public health, economic inequality, morality even democracy. These challenges, to domains that we usually consider technical and legal, seem odd. But in Patent Politics, Shobita Parthasarathy argues that patent systems have always been deeply political and social. To demonstrate this, Parthasarathy takes readers through a particularly fierce and prolonged set of controversies over patents on life forms linked to important advances in biology and agriculture as well as potentially life-saving medicines. Contrasting battles over patents on animals, human embryonic stem cells, human genes, and plants in the United States and Europe, she shows how political culture, ideology, and history shape patent system politics. Clashes over whose voices and what values matter in the patent system, as well as what counts as knowledge and whose expertise is important, look quite different in these two places. And through these debates, the United States and Europe are developing very different approaches to patent and innovation governance. Not just the first comprehensive look at the controversies swirling around biotechnology patents, Patent Politics is also the first in-depth analysis of the political underpinnings and implications of modern patent systems, and provides a timely analysis of how we can reform these systems around the world to maximize the public interest.

About this title

Review

"Novel life forms designed using genetic engineering have spawned a host of ethical concerns since 1973. By the early 1980s, the possible commercialization of genetic techniques and the resulting novel organisms led to legal concerns as scientists and companies were seeking patents. This book discusses how genetic engineering affected the patent process and continues to push the definition of what can be patented. The book begins with descriptions of how the American and European patent systems differ in their philosophies for awarding patents. This contrast is important for understanding how patents encounter political concerns when genetic engineering products and technologies are globally marketed. Much of the difference has to do with a government's viewpoint on valuing corporate growth or protecting public interests. The book then introduces the philosophical concerns about patenting novel life-forms. In the latter chapters, other ethical issues and moral concerns are raised related to animal dignity, human stem cells, and novel life-forms.... Unbiased and accurate assessments are applied in each chapter. The author concludes the book with a proposition for an objective model for setting up equitable life-form patents. This is an excellent book for biotechnology and business law library collections. Highly recommended."--Choice

"The ability to present certain outcomes, relationships, processes, or arrangements as neutral, technical, universal, or inevitable manifests and maintains power in society. In opening the black box of science and patent politics, Parthasarathy does more than just highlight differences between two significant and seemingly similar regions of economic and political power in the world today. In showing that things are different between these two places, Parthasarathy shows that things do not have to be the way they are anywhere today. . . . Patent Politics clearly shows how representing science, technology, and law as apolitical is deeply political. As such, patent politics are everybody's business to engage with and to decide upon."--American Journal of Sociology

"[M]eticulously researched and very readable... a perfect starting point for anybody seeking to understand the modern history of patent systems in the United States and Europe, which differ even though they certainly did not evolve in glorious isolation from each other. It uncovers their political character and the underlying dynamics that lead to change and resistance to change. [Parthasarathy] is right to conclude that further harmonization efforts are likely to struggle due to distinctive and often quite different and hard-to-reconcile political cultures, and that innovation governance needs to be rethought in light of the fact that patent law is just one element of the regulatory regime. Moreover, the regulation of innovation needs to embrace public engagement concerning not just patents but technology, human values, and the public good."--H-Sci-Med-Tech

"This is a brilliant, deeply researched book that gets to the heart of how and why the public has been shut out of ethical and political debates about the life sciences in the U.S., but not in Europe. Patents are treated as technical issues in the U.S., and as ethical and political issues in Europe, as a result of laws and long-term political cultures. The result: The U.S. patents far more life forms than in the EU, turning life into money by bypassing public input."--STAT

"Patent offices play a crucial role in the development of innovative global industries like biotech, pharmaceuticals, and IT. Parthasarathy's comparative analysis explores the puzzling and durable differences between the US and European patent systems. Meticulously researched and clearly written, this important book provides an insightful analysis that opens new questions about the limits of globalization and the continuing importance of political forces in shaping intellectual property."--Bruce G. Carruthers, Northwestern University

"Patent Politics is well crafted, with sharp comparison, strong analysis, and sound data. Parthasarathy offers a timely study that spans several fields: science and technology studies, science and technology policy, comparative politics, and political sociology. Patent Politics will be widely read and cited by anyone with an interest in the past, present, or future of patents in the United States and Europe."--Daniel Kleinman, University of Wisconsin, Madison

"Parthasarathy's comparative approach to looking at the United States and Europe is intriguing and makes a significant contribution to the current state of the art--showing how differences in legal, cultural, and political traditions pertain to policies in respect to the life sciences. She not only provides a detailed account of the controversies surrounding life form patenting, but also vividly shows how the troubled legal regime of intellectual property results from negotiation with a whole set of actors, networks, and texts that are seen as external to the law. Patent Politics is an important, timely, and impressive contribution to the field."--Eva Hemmungs Wirtén, Linköping University

"Parthasarathy's Patent Politics intervenes powerfully in broad debates about science, politics, and intellectual property in order to broaden the imaginary socio-technical horizon in the field of biomedicine. Patent Politics identifies the patent system as a key nexus through which the various scientific, social, political, economic, and ethical factors come together to forge a particular biotechnological form of life in the age of biocapitalism."--Studies in History and Philosophy of Biol & Biomed Sci

"This is an understudied area of [science, technology, and society] that Parthasarathy carefully navigates in order to understand how knowledge production interacts with law. The reader learns the differences in values, law and objects between US and European patent politics. This comparison brings into focus the role that law, biotechnology corporations, scientists, activists, and more play in deciding what knowledge deserves legal protection. Patent Politics is a fascinating read that will continue to be relevant for many years to come."--New Books Network

"A lucid comparison of the U.S. and European patent systems focusing on the politics of patenting life forms and extensively discussing the ways in which political culture and ideology shape different understandings of the public interest. . . . The book makes an insightful contribution in the field of science and technology studies."--Technology and Culture

About the Author

Shobita Parthasarathy is associate professor of public policy and women's studies at the University of Michigan.

About this edition

• Publisher: University of Chicago Press
• Publication date: 2017
• ISBN 10: 022643785X
• ISBN 13: 9780226437859
• Binding: Hardcover
• Number of pages: 304