Intellectual property licensing

According to the PHS Policy Statement on CRADAs and intellectual property licensing, In certain areas of research, e.g., where the Government has the intellectual lead or where both scientific and commercialization capabilities are deemed essential at the outset, NIH/ADAMHA may competitively seek a collaborator through Federal Register notification. The Patent Policy Board has left to each institute the decision of when to publish in the Federal Register (486). 

It is the responsibility of the reader to become familiar with patents that may cover particular compounds, compositions, reactions, or their use in bioconjugation applications. If patents or patent applications exist, it is important that permission or a license be obtained to use it before exploiting any intellectual property for commercial use. 

Melville, L. W., Forms and Agreements on Intellectual Property and International Licensing, 2nd ed., Clark Boardman Co., Ltd., New York (loose leaf) 1972. 

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 owned by or licensed to NHS Trust prior to and after the date of this Agreement other than any Intellectual Property Rights and Know How arising from the Clinical Trial is and shall remain the property of the NHS Trust. 

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