The von Liebig Effect!
John T. WatsonJack SavidgeSteve FlaimMary ZoellerTim RuethPaul KedroskyAbigail BarrowJoe BearRick LeFaivreLinda HamiltonRobert Conn The 1980 enactment of P.L. 96-517, The Patent and Trademark Law Amendments Act, usually referred to as the Bayh-Dole Act, dates the current authority for the transfer of new technology from university laboratories to the private sector (1). The University of California, […]
The Basics Of IP Protection & Commercialization Considerations
Henry Fradkin Over the past few years, les Nouvelles has published many articles that have provided new ways of doing the business of Intellectual Asset Management…and I have learned a lot from those articles. I also have noticed that LES has continued to grow substantially with many new people entering into the IP protection and […]
Strategies For Satisfying The Need For Research Material
Victor RodriguezKoenraad Debackere Concern for the access to research material—broadly defined to include cell lines, monoclonal antibodies, reagents, animal models, combinatorial chemistry libraries, clones and cloning tools, databases, and software under some circumstance—is not new nor has it gone unaddressed. In response to complaints from researchers that restrictive terms in material transfer agreements (MTAs) were […]
GPL, Version 3: The Perils Of Ideological Extremism
Francis M. BuonoMcLean Sieverding On June 29, 2007, following more than a year and a half of contentious debate and controversy surrounding numerous proposed revisions to the General Public License (“GPL”), the Free Software Foundation (“FSF”) released the final text of the third version of the GPL (“GPLv3”). For those developers that choose to adopt […]
Recent Decisions In The United States – September 2007
Brian BrunsvoldJohn C. Paul SUPREME COURT’S DECISION IN KSR ALTERS APPLICATION OF OBVIOUSNESS STANDARD BY THE FEDERAL CIRCUIT, AND THE BOARD OF PATENT APPEALS AND INTERFERENCES Determining when a discover y is sufficiently inventive to be entitled to patent protection is one of the most complex challenges in patent law. To be entitled to patent […]
Patenting Software In The European Union
José Ramon Cardeno-Shaadi The motivation for writing this commentary, comes from the general misconception, that computer programs (also known as software) are not protected in the European Union (EU) and its Member countries, by the Law of Patents. Such mistaken belief is based on the ground that Article 52 (2) of the European Patent Convention […]
Licensing In The Context Of The Business Model: One Size Does Not Fit All
Henry Chesbrough In a world of open innovation, every company needs to pay closer attention to its IP than it used to do. Protecting ideas is costly and time consuming, but it has become too important to innovation to neglect. For the same reasons, the management of licensing must also be revisited. Too often, licensing […]
Don’t Feed The Trolls?
John JohnsonGregory K. LeonardChristine MeyerKen Serwin Different entities use the patent system in different ways, depending on their respective business models. It is important to acknowledge this dynamic when evaluating the propriety of revising the patent system to combat trolling or promote other goals. Many vociferous opponents to patent trolls claim that trolls are a […]
Commercialization At A DOE National Laboratory: A Long-Term Proposition
Bruce HarrerSue Chin Technology Commercialization Is Not For Wimps. It is difficult enough to successfully transfer and commercialize technology within a single company, let alone trying to bridge the cultural gap between an organization largely supported by government research funding (such as a National Laboratory) and private commercial companies. Much has been written about various […]
Business Valuation Of Technology: An Experiential Model
Mirjam LelouxAard Groen Nowadays, the valorization of research is a topic of enhanced interest at universities and public or private research institutes. Research organizations generally have a (considerable) portfolio of patents on their shelves, waiting for a sustainable exploitation strategy. However, the transfer of technologies from academia and other research institutes to commercial parties and/or […]
