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Author: admin, 16.01.2014. Category: The Power Of Thinking

The Bayh-Dole legislation gave rise to formal intellectual property and licensing offices in colleges and universities, whose primary function is the commercialization of the results of research. NIH has launched the electronic Research Materials catalog (eRMa) to provide access to unpatented materials developed by government-funded investigators and streamline the licensing process.
On July 31, 1790, Samuel Hopkins was issued the first patent for a process of making potash, an ingredient used in fertilizer. The United States Patent and Trademark Office (PTO) manages and administers the patent process.
Treat commonly owned or joint research agreement patents and patent application publications as being by the same inventive entity for purposes of novelty, as well as nonobviousness.
Priority to a patent is based on the first inventor to file a patent application for a claimed invention and not the first to invent the claimed invention. An inventor has a one-year grace period within which to publically disclose an invention before filing a patent application.
The scope of prior art to be applied against a claimed invention is simplified and broadened. The AIA also increases share of royalties retained by universities under the Bayh-Dole Act (see ¶1822) for federally funded inventions and repeals provisions pertaining to statutory invention registrations, effective March 16, 2013. The USPTO is revising the rules of practice in patent cases for consistency with, and to address the examination issues raised by, the changes in section 3 of the AIA.
The PTO now has an electronic filing system (EFS) for certain types of patents and patent actions.
Trademark Office reviews the application, the claims are the key to whether the patent is granted. According to the USPTO, under the AIA, prior art disclosures made publicly available one year or less before the effective filing date can be overcome by applicant showing (1) the prior art disclosure was by another who obtained the disclosed subject matter from the applicant (a deriver), or (2) the applicant or a deriver publicly disclosed the subject matter before the date of the prior art disclosure. The effective filing date for a claimed invention in an application now includes the filing date of a prior foreign application if applicant is entitled to foreign priority and thus, in this situation, the 1-year grace period will be measured from the foreign priority date claimed. A prior disclosure of the invention which is publicly available more than one year before the effective filing date of an application continues to be a statutory bar.
Applicants can now rely on common ownership or joint research agreement provisions to overcome rejections. In its discussion of provisional patent applications, the PTO advises applicants to make the disclosure of the invention as complete as possible, to name all inventors in the application, and not to make amendments to provisional applications.
For example, once something is put down in writing, the author automatically has copyright. Like patents, when the copyright is to be held by the institution, the appropriate institutional office files for copyright protection. A mask work is defined in the Semiconductor Chip Act of 1984 as a series of related images representing a predetermined, three-dimensional pattern of metallic, insulating, or semiconducting layers of a semiconductor chip product. The Office of Management and Budget (OMB) published final guidance on grants management reforms in the December 26, 2013, Federal Register.
When intellectual property is developed under federal grants, the federal government typically retains rights to the use of that property. The Office of Management and Budget (OMB) published final guidance on grants management reforms in the December 26, 2013, Federal Register. Costs of preparing documents and any other patent costs in connection with the filing and prosecution of a U.S.


General counseling services relating to patent and copyright matters, such as advice on patent and copyright laws, regulations, clauses, and employee intellectual property agreements. Costs in connection with filing and prosecuting any foreign patent application, or any U.S.
Rights to inventions developed under federal grants by colleges and universities are governed by regulations contained in 37 CFR Part 401, Rights to Inventions Made by Nonprofit Organizations and Small Businesses.
In practical terms, this means that while institutions may elect title to inventions, the government also will have an interest in the invention and may use the invention royalty-free, either on its own or through a government contractor. Interagency Edison, it is a useful tool and may save the institution a lot of time and help to ensure compliance. Section 200.315(d) sets forth the government rights in data developed under federal grants as well as the grantee's rights and requirements, which are largely in keeping with the principles embodied in Circular A-110 for colleges and universities.
The guidance states that if the federal government requests research data relating to published research findings generated under a federal award that were used by the federal government in developing an agency action that has the force and effect of law, the nonfederal entity must provide, within a reasonable time, the research data.
If the awarding agency obtains the research data solely in response to a Freedom of Information Act request, the agency may charge the requester a reasonable fee equaling the full incremental cost of obtaining the research data. When a Federal agency publicly and officially cites the research findings in support of an agency action that has the force and effect of law. Research data means the recorded factual material commonly accepted in the scientific community as necessary to validate research findings, but not any of the following: preliminary analyses, drafts of scientific papers, plans for future research, peer reviews, or communications with colleagues. Personnel and medical information and similar information the disclosure of which would constitute a clearly unwarranted invasion of personal privacy, such as information that could be used to identify a particular person in a research study. If biomaterials developed under federal grants are patented, the rights of an institution are governed by 37 CFR Part 401. For nonprofit research organizations interested in obtaining NIH materials through a material transfer agreement, NIH also launched the Transfer Agreement Dashboard in December 2011.
Because of the limitations inherent in the provisional application, it has not been filed often.
This is a unique type of intellectual property that can be protected through registration with the United States Copyright Office. Under this general principle, the government has the right to use the intellectual property on its own behalf and to authorize others to use the intellectual property when doing something for the government. Recently, the government has made available an electronic reporting system, known as Interagency Edison, for electronic submission of disclosures as well as follow-on information requirements.
When institutions license an invention to a company for commercialization, the license should acknowledge and include the government's rights. The only exception is assignment to a firm whose specific mission is patent management, such as Research Corporation Technologies, Inc.
Section 200.448 of the uniform guidance states that a grantee may copyright any work that is subject to copyright that was developed under a grant.
The government reserves the right to obtain, reproduce, publish, or otherwise use the data first produced under an award and to authorize others to receive, reproduce, publish, or otherwise use such data for federal purposes. This fee should reflect costs incurred by both the federal agency and the nonfederal entity. It is important to note that the NIH has issued strong guidance with respect to biomedical research materials used as research tools in academic institutions and industry.
Such a clause also may be in direct violation of the institution's patent policy (see ¶1860), particularly in state institutions where inventions are considered property of the state.


Chris Kovacs recalls the advice he got after informing his high school guidance counsellor and his parents that he wanted to be a painter. The time it takes to obtain copyright approval from the Copyright Office is much shorter than the time it takes to obtain a patent — generally a couple of months if the application is complete when submitted. Unlike copyright, however, an application, which consists of a completed Form MW, a filing fee, and a copy of the identifying material, must be filed to obtain protection, and that application must be filed within two years after the date on which the mask work is commercially exploited.
This is also important in sponsored research agreements between a college or university and a commercial concern (see ¶1830). 106-107) (see ¶2750), the government has indicated its intention to use Interagency Edison as its common system for summary invention reporting forms.
It reserves for the federal awarding agency a royalty-free, nonexclusive, and irrevocable right to reproduce, publish, or otherwise use the work for federal purposes and to authorize others to do so. NIH Principles and Guidelines for Sharing of Biomedical Resources—Final, issued on December 23, 1999, intends to ensure access by scientists to research tools developed with NIH funding. This provision took effect March 16, 2013, with final regulations published February 14, 2013, as amended on March 14, 2013. United States Copyright Office Publication 100, Federal Statutory Protection for Mask Works, outlines the requirements and the process to copyright mask works.
A A A  He grew up in Toronto, trained at Queena€™s, University of Alberta and finally Harvard, after which he landed in St.
Johna€™s, Newfoundland where he lives with his wife, also a doctor, and their two children.
Apparently, bones are alive and theya€™re not just solid white things, and their density can fluctuate, and this can be very bad. Just ask anybody who discovers they have osteoporosis by breaking their foot while walking up the stairs. They develop good, solid bones without the help of things like vitamin D, parathyroid hormone, and estrogen, all of which are necessary for adult bone-making.
Ita€™s hard to take blood and hormone and mineral measurements.a€? Sometimes, he says, he has to use tweezers. What happens is kind of similar to lactation where the skeleton demineralizes to provide breast milk.
And then all of a sudden the animala€™s skeleton demineralizes, and all this mineral goes right to the antlers and makes them rock solid.
But again, we dona€™t know how.a€? A A A  Eventually the moosea€™s antlers turn into wood, and then the animal can go lay its eggs.
A A A  Apart from the painting and the pioneering research, Kovacs also teaches, treats patients, and even did a stint as a medical consultant for a hilarious Star Trek parody movie made by Australian cartoonist John Cook. Which, as his guidance counsellor might have pointed out, is another reason why becoming an artist is not the easiest way to make money.



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