Diagnostic Kits/IP in Kits - Revision history

BerkmanSysop: UTurn to 1287450000

2025-05-12T19:25:34Z

UTurn to 1287450000

← Older revision	Revision as of 19:25, 12 May 2025
(No difference)

AClearwater: /* Reverse Engineering */

2009-12-15T19:48:47Z

Reverse Engineering

← Older revision		Revision as of 19:48, 15 December 2009
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	===Reverse Engineering===		===Reverse Engineering===
			'''(ADDED TO PAPER)'''<br>

	*A product may be "reverse-engineered"		*A product may be "reverse-engineered"
	**With diagnositic kits: "What the inventor typically sells is a reagent test kit or apparatus for use in practicing the method. The method must be disclosed to the buyer and cannot be kept as a trade secret." (13 ALBLJST 145,149)		**With diagnositic kits: "What the inventor typically sells is a reagent test kit or apparatus for use in practicing the method. The method must be disclosed to the buyer and cannot be kept as a trade secret." (13 ALBLJST 145,149)

AClearwater: /* Limits of protection */

2009-12-15T19:48:33Z

Limits of protection

← Older revision		Revision as of 19:48, 15 December 2009
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	===Limits of protection===		===Limits of protection===
			'''(ADDED TO PAPER)'''<br>

	*Trade secret protection does not prevent other researchers from independently discovering, disclosing, and using their discovery.		*Trade secret protection does not prevent other researchers from independently discovering, disclosing, and using their discovery.
	**Limitations of trade secret		**Limitations of trade secret

AClearwater: /* Trade Secret Caselaw */

2009-12-15T19:47:48Z

Trade Secret Caselaw

← Older revision		Revision as of 19:47, 15 December 2009
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	===Trade Secret Caselaw===		===Trade Secret Caselaw===
			'''(ADDED TO PAPER)'''<br>

	*Microbiological Research Corp. v. Muna, 625 P.2d 690, 700 (Utah 1981)		*Microbiological Research Corp. v. Muna, 625 P.2d 690, 700 (Utah 1981)
	**Holding: no combination secret found for a diagnostic kit when the process included nothing more than the "skill and knowledge of the trade"		**Holding: no combination secret found for a diagnostic kit when the process included nothing more than the "skill and knowledge of the trade"
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	#Information claimed as trade secrets was published in the medical literature		#Information claimed as trade secrets was published in the medical literature
	#The information known to others in the microbiologist's field of expertise		#The information known to others in the microbiologist's field of expertise
	#The information was part of the microbiologist's own skill and knowledge.		#The information was part of the microbiologist's own skill and knowledge.

	===Limits of protection===		===Limits of protection===

AClearwater: /* Licensing Behavior */

2009-12-15T19:45:04Z

Licensing Behavior

← Older revision		Revision as of 19:45, 15 December 2009
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	===Licensing Behavior===		===Licensing Behavior===
			'''(ADDED TO PAPER)'''<br>

	*The likelihood of granting a license for patented DNA sequenceswas was found to be similar for firms and nonprofits but nonprofits were far more likely to grant exclusive licenses. This use of exclusive licensing demands further study to find out if the use of these licenses is justified or merely a default practice with little substantive justification. ([[Diagnostic Kits/DNA Patenting and Licensing\|Henry, M. et al. 2002]])		*The likelihood of granting a license for patented DNA sequenceswas was found to be similar for firms and nonprofits but nonprofits were far more likely to grant exclusive licenses. This use of exclusive licensing demands further study to find out if the use of these licenses is justified or merely a default practice with little substantive justification. ([[Diagnostic Kits/DNA Patenting and Licensing\|Henry, M. et al. 2002]])
	*A Merz article investigating genetic test patent history for Hemochromatosis (HFE) gives a detailed patent history is developed to show how patent ownership and licensing complexities can have measurable effect on the development and performance of genetic testing. ([[Diagnostic Kits/Diagnostic testing fails the test\|Merz, J.F. et al., 2002]])		*A Merz article investigating genetic test patent history for Hemochromatosis (HFE) gives a detailed patent history is developed to show how patent ownership and licensing complexities can have measurable effect on the development and performance of genetic testing. ([[Diagnostic Kits/Diagnostic testing fails the test\|Merz, J.F. et al., 2002]])

AClearwater: /* Compulsory Licensing */

2009-12-15T19:44:38Z

Compulsory Licensing

← Older revision		Revision as of 19:44, 15 December 2009
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	===Compulsory Licensing===		===Compulsory Licensing===
			'''(ADDED TO PAPER)'''<br>

	*A compulsory license occurs when the government or court compels a patent owner to license their rights. There is no general provision for compulsory licensing under the patent statute, only very specific instances where it will be applicable. This has not been applied to licensees in genetics so far. ([[Diagnostic Kits/Models for facilitating access to patents on genetic inventions\|Geertrui Van Overwalle et al., 2005]])		*A compulsory license occurs when the government or court compels a patent owner to license their rights. There is no general provision for compulsory licensing under the patent statute, only very specific instances where it will be applicable. This has not been applied to licensees in genetics so far. ([[Diagnostic Kits/Models for facilitating access to patents on genetic inventions\|Geertrui Van Overwalle et al., 2005]])

AClearwater: /* Licensing Approaches */

2009-12-15T19:44:29Z

Licensing Approaches

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	===Licensing Approaches===		===Licensing Approaches===
			'''(ADDED TO PAPER)'''<br>

	Four licensing approaches considered by the Van Overwalle article: ([[Diagnostic Kits/Models for facilitating access to patents on genetic inventions\|Geertrui Van Overwalle et al., 2005]])		Four licensing approaches considered by the Van Overwalle article: ([[Diagnostic Kits/Models for facilitating access to patents on genetic inventions\|Geertrui Van Overwalle et al., 2005]])
	*Free access to the genetic sequences but royalty payments for the commercial test kits		*Free access to the genetic sequences but royalty payments for the commercial test kits
	*Licensing to laboratories at a rate that makes the commercial test kit more economical		*Licensing to laboratories at a rate that makes the commercial test kit more economical
	*Exclusively licensing to a limited number of laboratories		*Exclusively licensing to a limited number of laboratories
	*Biological Innovation for Open Society license that makes improvements to the patent shared as a way to facilitate cooperative invention.		*Biological Innovation for Open Society license that makes improvements to the patent shared as a way to facilitate cooperative invention.

	===Compulsory Licensing===		===Compulsory Licensing===

AClearwater: /* A proposal for a registration system that provides for three phases with different levels of exclusivity and protection */

2009-12-15T19:43:26Z

A proposal for a registration system that provides for three phases with different levels of exclusivity and protection

← Older revision		Revision as of 19:43, 15 December 2009
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	===A proposal for a registration system that provides for three phases with different levels of exclusivity and protection===		===A proposal for a registration system that provides for three phases with different levels of exclusivity and protection===
			'''(ADDED TO PAPER)'''<br>

	([http://papers.ssrn.com/sol3/papers.cfm?abstract_id=241236 J.D & Munzer n.d., 2000])		([http://papers.ssrn.com/sol3/papers.cfm?abstract_id=241236 J.D & Munzer n.d., 2000])

AClearwater: /* Patent Clearing Houses */

2009-12-15T19:43:05Z

Patent Clearing Houses

← Older revision		Revision as of 19:43, 15 December 2009
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	**The Zimmeren article states the difficulties and problems of clearinghouse include having the potential for anti-competitive effects, loss of patent holder control, high levels of patent holder participation are required for success, set up of the clearinghouse is complex, standardized licenses lack flexibility found in negotiated licenses, and trade secret secrecy data cannot be easily maintained. ([[Diagnostic Kits/A clearing house for diagnostic testing: the solution to ensure access to and use of patented genetic inventions\|Esther van Zimmeren et al. 2006]])		**The Zimmeren article states the difficulties and problems of clearinghouse include having the potential for anti-competitive effects, loss of patent holder control, high levels of patent holder participation are required for success, set up of the clearinghouse is complex, standardized licenses lack flexibility found in negotiated licenses, and trade secret secrecy data cannot be easily maintained. ([[Diagnostic Kits/A clearing house for diagnostic testing: the solution to ensure access to and use of patented genetic inventions\|Esther van Zimmeren et al. 2006]])

	===A proposal for a registration system that provides for three phases with different levels of exclusivity and protection===([http://papers.ssrn.com/sol3/papers.cfm?abstract_id=241236 J.D & Munzer n.d., 2000])		===A proposal for a registration system that provides for three phases with different levels of exclusivity and protection===

			([http://papers.ssrn.com/sol3/papers.cfm?abstract_id=241236 J.D & Munzer n.d., 2000])
	*Phase One: "gives a registrant five years of exclusive protection" (quoting abstract)		*Phase One: "gives a registrant five years of exclusive protection" (quoting abstract)
	*Phase Two: "provides a registrant with inexclusive protection and the right to a governmentally determined royalty if others develop a commercial product within that time." (quoting abstract)		*Phase Two: "provides a registrant with inexclusive protection and the right to a governmentally determined royalty if others develop a commercial product within that time." (quoting abstract)

AClearwater: /* Patent Clearing Houses */

2009-12-15T19:42:41Z

Patent Clearing Houses

← Older revision		Revision as of 19:42, 15 December 2009
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	===Patent Clearing Houses===		===Patent Clearing Houses===
			'''(ADDED TO PAPER)'''<br>

	*A "mechanism by which providers and users of goods services and/or information are matched." ([[Diagnostic Kits/A clearing house for diagnostic testing: the solution to ensure access to and use of patented genetic inventions\|Esther van Zimmeren et al. 2006]])		*A "mechanism by which providers and users of goods services and/or information are matched." ([[Diagnostic Kits/A clearing house for diagnostic testing: the solution to ensure access to and use of patented genetic inventions\|Esther van Zimmeren et al. 2006]])
	*The Structure of Patent Clearhouses		*The Structure of Patent Clearhouses
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	*Phase Two: "provides a registrant with inexclusive protection and the right to a governmentally determined royalty if others develop a commercial product within that time." (quoting abstract)		*Phase Two: "provides a registrant with inexclusive protection and the right to a governmentally determined royalty if others develop a commercial product within that time." (quoting abstract)
	*Phase Three: "begins fifteen years after registration; the EST now enters the public domain and the former owner of the EST now receives no licensing fees or royalties." (quoting abstract)		*Phase Three: "begins fifteen years after registration; the EST now enters the public domain and the former owner of the EST now receives no licensing fees or royalties." (quoting abstract)


	===Legislative Activity===		===Legislative Activity===