JPMA issues guidelines for research tool patent

The Japan Pharmaceutical Manufacturer's Association has announced guidelines for licensing research tool patents at a forum concerning intellectual property rights in the life science field, co-sponsored by the JPMA and the Japan Bio-Industry Association this month.

Pointing out that there are no rules and regulations to facil-itate the exploitation of patents for gene-related discovery or invention as research tools, Hiroshi Akimoto, chairman of the JPMA's intellectual property committee, said: "there is no balance between the protection and exploitation of these patents in the Japanese law system." He insisted that unless the patents for genes and proteins as research tools in tests and research are strictly protected, invention/ discovery of innovative genomic drugs cannot be promo-ted, to the detriment not only of drug discovery but to the development of life science in general.

Japanese Patent Law states that "the effectiveness of the patent right does not extend the implementation of patent invention for tests and research." Although the range of "tests and research" is considered to include patent invention itself, the legal precedence is not yet established, according to Mr Akimoto.