As part of our public and policy engagement strategy, the ERC PatentsInHumans team are delighted to launch today our first artwork and policy brief which offer a summary of key findings in a recent article written by Prof Aisling McMahon (PI) published in Medical Law Review which mapped key bioethical implications that can be posed by how patent rights can be granted and used over health-technologies.
The research develops a novel five category taxonomy of patentable technologies related to how we treat, use and modify the body. It then uses examples of technologies in each of category to make the case that given the relationship of the underlying patentable technology with the human body, how such patents are used can have significant implications for patients’ bioethical interests including dignity, bodily integrity and autonomy interests. Ultimately, the article concluded by arguing that such bioethical issues need much deeper scrutiny within and outside patent law, to ensure there is a better balancing of how we incentivise the development of health-technologies through patents (and other IPRs), whilst ensuring that the bioethical implications of certain uses of such patents are addressed.
This research was developed as part of the conceptual phase of the project, and responded in particular to a key overarching research question within the project which seeks to better map and understand, the main bioethical implications that patent grant or use of patents over technologies related to the body for how we treat, use, or modify our bodies, and for human flourishing?
To facilitate broader public and societal engagement with the research findings, the project commissioned the design of an artwork offering a graphical representation of the key findings of this research which was designed by artist Eimear McNally. The team are delighted to launch this first PatentsInHumans artwork today which can be viewed on our website here.
You can find the policy briefing article summary here, and can view the full article available to read open access here
These findings from the conceptual phase of the project continue to be informed by ongoing empirical work on the project with technology users (including patients) and technology providers (including doctors), as we seek to further develop and refine our understanding of the range of potential bioethical implications that can be posed by certain aspects of patent grant and use over health-technologies.
You can find out more about the ERC PatentsInHumans project on our website: www.patentsinhumans.eu
The PatentsInHumans project is funded by the European Union (ERC, PatentsInHumans, Project No. 101042147). Views and opinions expressed are however those of the authors only and do not necessarily reflect those of the European Union or the European Research Council Executive Agency. Neither the European Union nor the granting authority can be held responsible for them.