The IP Beacon 2009

02/26/2009

The IP Beacon is a Haynes and Boone Newsletter highlighting current issues in Intellectual Property Law. Articles featured in the February 2009 issue include:

Patenting Of Industrial Biotechnology: A Gamble That Pays Off

With the new focus on renewable energy and resources, industrial biotechnology has enormous and increasing market potential. The U.S. Supreme Court’s 1980 decision in Diamond v. Chakrabarty permitted the patenting of genes and living organisms, spurring the growth of industrial biotechnology in the U.S. over the past three decades. This article reviews some of the findings of a recent U.S. International Trade Commission report on the patenting of industrial biotechnology and how patent rights are integrally involved with a winning strategy to develop and commercialize products in this expanding field.

Publication Clauses and Other Problems Lurking in Sponsored Research Agreements

Industry-sponsored research and clinical trials are the primary means for investigating the efficacy and safety of medical devices and pharmaceuticals. Sponsored Research Agreements and Clinical Trial Agreements often involve hidden problems for a company’s intellectual property in the form of unacceptable publication clauses. This article considers some key issues that should be considered in negotiating and drafting publication clauses in such Research Agreements to help ensure that the sponsoring company is not losing patent rights through poorly worded agreements.

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