Diagnostic Kits/IP Profile of Universities working in Kits

Answer the questions:

1. What are the 5 top Universities in this field?
   • Correlate them with their main outputs (Data. Narratives. Tools)
   • Understand and identify cases where these universities are “experimenting” or “adopting” commons based approach. Are they adopting OA policies, for instance? Are they adopting Social Responsible License approaches?
   • Identify these cases and treat them as entities that will also be placed in our mapping device (the quadrants)
   • Identify what universities are the “Microsofts” of the field and what companies are the “IBMs” of the field (Use the questionnaire to guide your research when appropriate - Carol will select specific relevant questions)

• Henry, M.R., Cho, M.K., Weaver, M.A., Merz, J.F. A pilot survey on the licensing of DNA inventions. J. Law Med. Ethics, 31:442-449, 2003

• Pressman, L. et al., 2006 The Pressman article reports on an interview which investigates DNA patents at Universities in the United States. The focus of the article is split between: (Pressman, L. et al., 2006)
  • patenting and out-licensing strategies of
  • licensing negotiations: exclusivity, uses, and terms
  • Protection of non-patented technologies: MTAs, NDAs

• Institutions chosen for the study had patents of inventions using human DNA and both for profit and non-profits were sampled. The study found that for profit and non-profit entities approach patent and licenses differently:
  • Patenting Behavior (Pressman, L. et al., 2006)
    • For profits more often fill patent applications for all new technologies and then deciding what to pursue based on commercial interest.
    • Non-profits were more selective about when to apply for a patent.
  • Licensing Behavior (Pressman, L. et al., 2006)
    • For both entities, licensing was most often used as a method of commercialization. Licensing for research was very infrequent.
    • One important difference found was that nonprofits were more than twice as likely to license exclusively as compared to for-profit companies.

Exclusivity

• "Several reports from national and international bodies note that genetic testing applications require far less investment after initial gene discovery than development of therapeutic proteins, and so the rationale for exclusive intellectual property rights may be less compelling." (Pressman, L. et al., 2006)

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