Diagnostic Kits/A pilot survey on the licensing of DNA inventions
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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.
- Patenting Behavior