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Additional Information
Biological Markers
Experimental research often results in innovation which, for reasons outlined below, may not be protected by patents or copyrights. Tangible Research Property refers to tangible items produced during the course of academic research and includes biological materials such as clones, plasmids, gene fragments DNA probes, hybridomas or other cell lines and transgenic animals.
Patentability
Although it is clear that patents may be obtained on novel biological materials, there are a number of reasons why patenting such a material may not be worthwhile. For example, it is often the case that while an individual hybridoma or cell line is valuable, it is likely that other hybridomas or cell lines which perform the same function could be created. The United States Patent and Trademark Office (USPTO), however, is unlikely to award patent claims broad enough to cover those alternative biological materials, and thus the patent obtained has limited value in a commercial sense.
In many cases, the biological material or transgenic animal has uses only as a research reagent. The market for research reagents is typically quite small and it is unlikely that patent costs, which are generally in the range of $10,000 to $20,000, could be recouped from royalties.
Novel biological materials, even if unpatented, can be very valuable to a company and can be licensed on either an exclusive or non-exclusive basis. Generally the availability of such a biological material can save a company development time and money. Unpatented biological materials may be licensed for diverse uses including research reagents (for commercial distribution or for internal research), screening tools, diagnostics or therapeutics. Since it is the tangible material which is of benefit to a company, publication or other public disclosure does not preclude licensing of a valuable material. Licensing of unpatented biological materials is similarly not subject to other limitations inherent in the licensing of patented intellectual property. For example, royalty payments may be obtained from sales in any country, not just those countries where patent protection exists, and royalties are not limited by the life of patents.
More information on the licensing of biological materials is available on the Material Transfer page.
Additional Information
Biological Markers
Experimental research often results in innovation which, for reasons outlined below, may not be protected by patents or copyrights. Tangible Research Property refers to tangible items produced during the course of academic research and includes biological materials such as clones, plasmids, gene fragments DNA probes, hybridomas or other cell lines and transgenic animals.
Patentability
Although it is clear that patents may be obtained on novel biological materials, there are a number of reasons why patenting such a material may not be worthwhile. For example, it is often the case that while an individual hybridoma or cell line is valuable, it is likely that other hybridomas or cell lines which perform the same function could be created. The United States Patent and Trademark Office (USPTO), however, is unlikely to award patent claims broad enough to cover those alternative biological materials, and thus the patent obtained has limited value in a commercial sense.In many cases, the biological material or transgenic animal has uses only as a research reagent. The market for research reagents is typically quite small and it is unlikely that patent costs, which are generally in the range of $10,000 to $20,000, could be recouped from royalties.
Novel biological materials, even if unpatented, can be very valuable to a company and can be licensed on either an exclusive or non-exclusive basis. Generally the availability of such a biological material can save a company development time and money. Unpatented biological materials may be licensed for diverse uses including research reagents (for commercial distribution or for internal research), screening tools, diagnostics or therapeutics. Since it is the tangible material which is of benefit to a company, publication or other public disclosure does not preclude licensing of a valuable material. Licensing of unpatented biological materials is similarly not subject to other limitations inherent in the licensing of patented intellectual property. For example, royalty payments may be obtained from sales in any country, not just those countries where patent protection exists, and royalties are not limited by the life of patents.
More information on the licensing of biological materials is available on the Material Transfer page.