Intellectual property exclusions

While Affymetrix s early entry into the DNA microarray market afforded it a formidable position, the company has competitors. In order to commercialize the in situ array, it became clear that access to certain intellectual properties, especially the Southern patent (Oxford Gene Technologies or OGT), was required. Affymetrix obtained a license through a business relationship with Beckman Coulter which originally held the first and exclusive Southern license and later relinquished its exclusivity. Beckman Coulter and Affymetrix entered into a joint venture with Array Automation LLC to automate the processing of Affymetrix chips. Now that license to the Southern technology is available from OGT, others are permitted to commercialize in situ microarrays by alternative chemical S5mthesis approaches. 

All Intellectual Property Rights and Know How arising from the Clinical Trial shall vest in or be exclusively licensed to the Sponsor in accordance with clauses 9.4 and 9.5 below. 

Barriers to Imitation How is the idea protected from imitation by competitors Is it protected by intellectual property law through patent, copyright, or trademark If not, is it difficult to imitate by its nature How so Is it difficult to reverse engineer Is it protected as a trade secret Are there unique, exclusive sources of components or other supplies Are unique labor inputs required to develop, maintain, support, and extend the product or service ... 

Today much if not most federal research, including biomass-related research, is done in partnership with private companies that have the right to exclusively own the intellectual property generated from that collaboration. 

Ownership in real and intellectual property can be secured by a number of different legal mechanisms. Those who invent new and useful products and methods can be rewarded with a govemmentally granted exclusive right to make, use, and sell the invention. 

Patent and intellectual property aspects—Patent protection in Switzerland lasts for 20 years, with the possibility of a 5-year extension with a supplementary protection certificate (SPC). Also of interest is that the initial applicant has 10-year exclusivity protection for new active substances, new routes of administration and/or new dosage forms. 

Ensuring the market exclusivity rights for a new drug as protected intellectual property is of ultimate importance. Intellectual property is generally of four types ... 

Protect the exclusivity of the drug by extending intellectual property protection. 

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