Who Are Patent Technology Victims?

Patent technology victims are those denied useful access to technology or data. This lack of access, protected by U.S. patent law, results from monopoly, control and/or suppression of technology. Prime examples of consumer victimization occur in the field of biotechnology.

  1. Monopoly

    • Monopoly of technology patents often leads to underdevelopment of the technology. Underdevelopment arises from obstacles to research and development by parties other than the patent holder, such as royalty fees. New therapeutic developments involving patented genes for treatment of diseases, such as breast cancer, are hindered because access to the patented genes requires exorbitant royalty fees.

    Control

    • Exclusive control of technology can affect availability. Under a federal grant, Genzyme Corporation developed the drug Fabrazyme to treat the often-fatal Fabry disease. Although Genzyme's production capabilities cannot meet patient demand, the company refuses patent concessions for other manufacturers. As of August 2010, there is a pending petition by Fabry sufferers, requesting federal intervention to prevent harm to public health.

    Suppression

    • Suppression of information can arise from the personal or financial interests of the patent holder. For example, in 2001, Pioneer Hi-Bred International commissioned a study on its genetically modified corn but suppressed resulting data showing a nearly 100 percent fatality rate to ladybugs. This data, not revealed to the U.S. Environmental Protection Agency until 2010, has important ecological implications.

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