Bioinformatics and Intellectual Property Protection
Mark McBride · bepress Legal Repository · 2002
This article describes the nature of bioinformatics and how the various components of bioinformatics relate to intellectual property law. The article begins by decomposing bioinformatics into three categories: (A) biological sequences such as DNA, RNA, and protein sequences; (B) databases in which these sequences are organized; and (C) software and hardware designed to access, organize, and analyze information contained within these sequences and databases. Next, the article analyzes how each of these components relates to patent law, copyright law, and trade secret law. In particular, the article analyzes whether the various components qualify as protectable subject matter under these areas of law. Where protection may be available, the article discusses whether such protection is practical. The article concludes with a policy discussion of whether intellectual property protection should be available for bioinformatics, where bioinformatic inventions may promote advances in