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Pages 71-74

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From page 71...
... Although in many peoples' minds protection of intellectual property raises a question of whether to patent, controversies over licensing agreements and protection of unpatented intellectual property seem to be more common. The consensus among workshop participants was that the most important issue is access to, not patenting of, research tools.
From page 72...
... Perhaps the only guiding principle that one might derive from categorizing a particular innovation as a research tool is the observation that the innovation has the potential to foster scientific progress. Certainly, none of the workshop participants questioned the principle that scientific progress in biomedical research should not be impeded, no matter how the intellectual property rights are distributed.
From page 73...
... Molecular biology has already presented the patent system with new categories of patentable material, for which case law which of necessity looks to the past for guidance cannot always be expected to provide adequate guidance. One can expect advances in molecular biology to continue to pose new and unexpected challenges to our intellectual property traditions.

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