Diagnostic Kits/A pilot survey on the licensing of DNA inventions

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 Available at: http://www.bioethics.upenn.edu:16080/prog/ethicsgenes/ [Accessed September 10, 2009].

• (Henry, M.R., et al., 2003) 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:
  • 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
    • 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
    • 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.