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Legal & intellectual Property Glossary & Taxonomy
Evo
lving terminology for emerging technologies

Suggestions? Comments? Questions?
Mary Chitty MSLS  
mchitty@healthtech.com
Last revised
July 10, 2019  



Intellectual Property (IP) is the bedrock on which the development of new treatments and cures is built. IP is critical to improving patient care, spurring economic growth and strengthening an innovation economy. Without the protections of a strong, modern IP system, researchers may not have the ability to explore new areas of medical innovation and unearth the findings that will lead to the treatments and cures of tomorrow. PhRMA Pharmaceutical Research & Manufacturers Association https://www.phrma.org/advocacy/intellectual-property

Related glossaries include Business  and sub-categories  Alliances,    Financial   Molecular Medicine    Drug discovery & development      Research    Informatics overview     Technologies overview  

anti-trust guidelines:  Pharmaceuticals, Hogan Lovells https://www.hoganlovells.com/~/media/hogan-lovells/pdf/publication/ph2013-united-states_pdf.pdf

Bayh Dole The Bayh–Dole Act or Patent and Trademark Law Amendments Act (Pub. L. 96-517, December 12, 1980) is United States legislation dealing with intellectual property arising from federal government-funded research. Sponsored by two senators, Birch Bayh of Indiana and Bob Dole of Kansas, the Act was adopted in 1980, is codified at 94 Stat. 3015, and in 35 U.S.C. § 200–212,[1] and is implemented by 37 C.F.R.401.[2] The key change made by Bayh–Dole was in ownership of inventions made with federal funding. Before the Bayh–Dole Act, federal research funding contracts and grants obligated inventors (wherever they worked) to assign inventions they made using federal funding to the federal government.[3] Bayh–Dole permits a university, small business, or non-profit institution to elect to pursue ownership of an invention in preference to the government.[4]  Wikipedia https://en.wikipedia.org/wiki/Bayh%E2%80%93Dole_Act  accessed 2018 Feb 14

Bilski vs. Kappos: Wikipedia 
http://en.wikipedia.org/wiki/Bilski_v._Kappos

biological patent: a  patent on an invention in the field of biology that by law allows the patent holder to exclude others from making, using, selling, or importing the protected invention for a limited period of time. The scope and reach of biological patents vary among jurisdictions,[1] and may include biological technology and products, genetically modified organisms and genetic material. The applicability of patents to substances and processes wholly or partially natural in origin is a subject of debate.[1]   Wikipedia accessed 2018 Sept 2 https://en.wikipedia.org/wiki/Biological_patent  See related gene patent

blocking patents: Around the block, Y Philip Zhang, Nature Biotechnology 28(12) Dec 2010 1239 http://www.nature.com/bioent/2010/101001/full/bioe.2010.10.html 

Cohen- Boyer:  Stanley Cohen's and Herbert Boyer's basic science discovery of recombinant DNA technology in 1973 sparked a revolution in biology and spurred development of the biotechnology industry. The invention’s far- reaching implications for the interconnected worlds of science, commerce, and society are suggested in what follows. .. Biotech at 25: The founders, Univ. of California - Berkeley Library, 1999-2000 http://bancroft.berkeley.edu/Exhibits/Biotech/25.html  Related term: licensing

cross-licensingA legal agreement in which two or more parties which have potentially conflicting patent claims strike a deal to share rights to the product or process in question. PhRMA  Broader term: licensing  Related term: technology transfer

Diamond v. Chakrabarty, 1980:  447 U.S. 303 (1980), was a United States Supreme Court case dealing with whether genetically modified organisms can be patented.[1]   Wikipedia accessed 2018 Feb 14  https://en.wikipedia.org/wiki/Diamond_v._Chakrabarty

disease gene patents: I wish to direct my comments to the emerging pattern of exclusive licensing of so-called Disease Gene Patents. These patents generally claim a gene sequence, one or more mutations in which are found to be associated with disease or risk of disease. In addition to claims covering all uses of the chemical sequences, the patents also claim all methods of diagnosis of disease by identifying in a specific patient the disclosed genetic alleles, mutations, or polymorphisms. ..Oversight Hearing on Gene Patents and Other Genomic Inventions, Jon F. Merz, Assistant Professor of Bioethics, Department of Molecular and Cellular Engineering, and Center for Bioethics, University of Pennsylvania, Subcommittee on Courts and Intellectual Property of the Committee on the Judiciary, U.S. House of Representatives, July 13, 2000  http://www.clinchem.org/cgi/content/full/45/3/324  

DNA patentsRicki Lewis, Brief history of DNA patents, PLOS Blogs  http://blogs.plos.org/dnascience/2013/06/20/a-brief-history-of-dna-patents/

The US Supreme Court today unanimously ruled that human genes are not patentable, but synthetic DNA, or cDNA, is patent eligible because it does not occur naturally. Genomeweb 2013 June 13  https://www.genomeweb.com/clinical-genomics/us-supreme-court-strikes-down-gene-patents-allows-patenting-synthetic-dna  Broader term: gene patents  Related term: cDNA patents
DNA Patent Licensing 2012 http://www.uspto.gov/aia_implementation/gene-comment-pressman.pdf 


electronic lab notebook:
  
http://en.wikipedia.org/wiki/Electronic_lab_notebook 

A definition was developed by the Collaborative Electronic Notebook Systems Association (CENSA)  "A system to create, store, retrieve, and share fully electronic records in ways that meet all legal, regulatory, technical and scientific requirements” http://pubs.acs.org/subscribe/archive/ci/31/i02/html/02zall.html

enablement criterion: See under patents

EPO European Patent Office: An international patent- granting authority established under the European Patent Convention (EPC), which was signed in Munich on 5 October 1973 and came into force on 7 October 1977. The EPO has its headquarters in Munich, a branch in The Hague, and sub- offices in Berlin and Vienna. The EPO is not an EU institution. It is completely self- financing and has a large degree of administrative autonomy. Its operating and investment budgets are funded entirely from procedural fees and from part of the annual renewal fees levied on granted European patents. [European Patent Office website] http://www.european-patent-office.org/epo_general.htm#organ

EST patents: https://www.kirkland.com/siteFiles/kirkexp/publications/2290/Document1/Fisher%20and%20Beyond.pdf

exclusivity and patents http://www.fda.gov/Drugs/DevelopmentApprovalProcess/ucm079031.htm 

gene patents:
 
The controversy over gene patents emerged when Dr. Craig Venter, CEO of Celera Genomics, sent 20,000 gene sequences to the PTO, claiming patents to the sequences and to procedures that would be used to diagnose disorders with the genes. The PTO denied these applications, suggesting that simply finding DNA sequences and claiming their use as a research reagent was not sufficient for a patent. The PTO thus indicated that it required the inventor of a gene to show a level of utility beyond the gene’s use as a research tool. ¶ 6 The standard of utility wielded by the PTO, however, has been far from clear. THE FATE OF GENE PATENTS UNDER THE  NEW UTILITY GUIDELINES, Feb.  28 , 2001, Duke Law and Technology Review, Cite as 2001 Duke L. & Tech. Rev. 0008 http://www.law.duke.edu/journals/dltr/ARTICLES/2001dltr0008.html  Narrower terms: cDNA patents, disease gene patents, EST patents, gene fragments, SNP patents; Related terms: utility guidelines; Gene definitions gene 
Impact of Gene Patents on Patient Liberty Interest
, Sapna Kumar http://www.uspto.gov/aia_implementation/gen_f_kumar_20130209.pdf
Beginner's guide to gene patents
, Guardian, UK, 2000 http://www.guardian.co.uk/genes/article/0,2763,397385,00.html
Oversight Hearing on Gene Patents and other genomic inventions, SUBCOMMITTEE ON COURTS AND INTELLECTUAL PROPERTY, COMMITTEE ON THE JUDICIARY, U.S. HOUSE OF REPRESENTATIVES, July 13, 2000  http://commdocs.house.gov/committees/judiciary/hju66043.000/hju66043_0f.htm   


genomic patents
Whether or not genes can be patented has been debated since the inception of the Human Genome Project. At the heart of the debate have been questions about whether discovery of a gene is sufficient to claim an invention and whether gene patents encourage or stifle research and the clinical use of genomics. In a landmark decision in June 2013, the Supreme Court determined that DNA in its natural form cannot be patented. NHGRI, Intellectual property and Genomics  https://www.genome.gov/19016590/intellectual-property/

Allen K Yu, Why it is time to eliminate genomic patents, Paper 1473, Berkeley Electronic Press, 2006  http://law.bepress.com/cgi/viewcontent.cgi?article=6667&context=expresso  

human life, patenting:  Patenting Human Life, President's Council on Bioethics,http://bioethics.georgetown.edu/pcbe/topics/patenting_index.html 

Intellectual Property IP, Biotechnology Industry Organization, US https://www.bio.org/intellectual-property
IP Mall, Franklin Pierce Law Center, US http://www.ipmall.info/ 
Related terms: patent, patent stacking, patent system, royalty stacking, stealth patents, submarine patents

international patents: The Trilateral Offices, the European Patent Office (EPO), the Japanese Patent Office (JPO), and the U.S. Patent and Trademark Office (USPTO) have been cooperating for the administration of their patent functions in order to gain possible mutual benefits since 1983. US PTO   http://www.uspto.gov/web/offices/dcom/olia/ir_pat_trilateral.htm 

JPO Japanese Patent Office: The system of industrial property rights (which is a general terms used when referring to the system for patents, new utility models, designs and trademarks) is to contribute to development of industry by securing and protecting the successful and creative development of structures for patents, etc. The system of industrial property rights is also designed to promote development of sciences and technology. As Japan is on the threshold of the twenty first century, the importance of this system has gradually grown by a considerable amount. The role of the Patent Office is to deal with the development in the entire industrial sphere through its system for industrial property rights, including examinations, trials, and designing of plans for this system. [Japanese Patent Office website]    http://www.jpo.go.jp/

license: A contract between the owner(s) of the subject matter of the license and one or more parties that seeks the right to make, use, sell, or import the subject mater of the license. Commonly, a license conveys rights to patented subject matter, but it may also convey rights to tangible subject matter that is not unpatented. Licenses are negotiated agreements that become binding contracts when signed by the parties. In the United States, only one owner need to sign a license if the subject matter is patented. Thus, a patented technology co-owned by three parties can be licensed by one of the parties without the other owners' knowledge or consent. This is not so in most European countries, which require that all owners join in any licenses. Although licenses generally address a standard set of legal issues, there is no standard license or license term. The terms negotiated into licenses by the parties are as varied as the circumstances driving the agreement. Appendix B Definitions related to Technology Transfer,  Report of the National Institutes of Health (NIH) Working Group on Research Tools, US June 4, 1998 https://www.mmrrc.org/about/NIH_research_tools_policy/

licensing: Contractual agreement granting permission to use intellectual property under specific conditions. Licensing agreements, in which one company contracts to buy technology from another company, can be much faster, easier and cheaper to arrange than trying to challenge an intellectual property claim in court. More important than ever these days with R&D expenses increasing faster than the approval of new drugs. Narrower terms: biopharma licensing, cross-licensing; Related terms: patent pooling, research joint venture, technology transfer. 

licensing practices: One of the goals of U.S. patent policy is to encourage development of useful products by inventors and those to whom inventions are licensed. However, some of the recent developments described above have created a situation in which pursuit of the protected information and materials by both the for- profit and not- for- profit sector may be restricted, rather than promoted, as intended historically. Sub-optimal use is likely to result when the patent appears to others to over-value the invention and when the terms of use - that is, the licensing policies - are unduly restrictive. For example, potential licensees are frequently confronted with so-called "reach -through" provisions that would provide royalties from any downstream commercial products to those who own property that may now be of uncertain value and vague utility. This situation does not encourage vigorous development of the protected discoveries. Likewise, an inappropriate insistence on exclusive, rather than non- exclusive, licensing of genetic sequences for diagnostic tests could slow the development of this important application of genetic tools. [Harold Varmus testimony, HEARING ON GENE PATENTS AND OTHER GENOMIC INVENTIONS HOUSE JUDICIARY SUBCOMMITTEE ON COURTS AND INTELLECTUAL PROPERTY, JULY 13, 2000 http://commdocs.house.gov/committees/judiciary/hju66043.000/hju66043_0f.htm

MTA Material Transfer Agreement: A negotiated contract between the owner of a tangible material and a party seeking the material and the right to use the material for research purposes. The material may be either patented or unpatented. Material transfer agreements tend to be shorter than license agreements, and they are generally/ considered to be more informal than licenses agreements, although both are enforceable contracts. The purpose of an MTA is to document the transfer and outline the terms of use, including identification of the research project, terms of confidentiality, publication, and liability. As with licenses, there are no standard MTAs, although the academic community and NIH developed an under used model MTA for biological materials called the Uniform Biological Material Transfer Agreement (UBMTA).  Appendix B Definitions related to Technology Transfer,  Report of the National Institutes of Health (NIH) Working Group on Research Tools, US June 4, 1998  https://www.mmrrc.org/about/NIH_research_tools_policy  Related terms: research tools, university- industry partnerships and intellectual property

Myriad gene patents: During its 2013 term, the U.S. Supreme Court ruled1 on a challenge to a patent held on genetic tests for certain genes that increase the risk of breast and ovarian cancer. The patent gave one company a monopoly on a genetic test that involved isolating natural deoxyribonucleic acid (DNA) strands and creating synthetic complementary DNA (cDNA) that mirrored the original isolated strands with slight alterations. The Court ruled that synthetically created cDNA is patentable, while isolated natural DNA is not. Cartwright-Smith L. Patenting Genes: What Does Association for Molecular Pathology v. Myriad Genetics Mean for Genetic Testing and Research? Public Health Reports. 2014; 129(3):289-292. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3982540/

non-obvious; novelty: See under patents

patent:  A document issued [in the United States] by the Department of Commerce Patent and Trademark Office (PTO) under authority of the United States Constitution and other laws and implementing regulations. A patent contains a narrative description of the subject matter covered by the patent called the specification. It also contains one or more claims that describe the subject matter covered by the patent in highly technical and specific terms, much as the metes and bounds of a survey might exactly describe and identify the land conveyed by a deed. A patent represents the right to exclude others from making, using, or selling the subject matter described by the claims of the patent. Virtually every country in the world provides its government with the right to issue patents in order to allow patent owners to exclude others from using the patented subject matter within its borders. In the United States, only the person or people who invent the subject matter have the right to obtain a patent. However, it is commonplace for employers to require employee- inventors to assign to the employer the right to seek the patent, and therefore the ownership of the patent. Appendix B Definitions related to Technology Transfer,  Report of the National Institutes of Health (NIH) Working Group on Research Tools, US June 4, 1998 https://www.mmrrc.org/about/NIH_research_tools_policy

A patent application is judged on four criteria. The invention must be "useful" in a practical sense (the inventor must identify some useful purpose for it), "novel" (i.e., not known or used before the filing), and "nonobvious" (i.e., not an improvement easily made by someone trained in the relevant area). The invention also must be described in sufficient detail to enable one skilled in the field to use it for the stated purpose (sometimes called the "enablement" criterion).http://law.jrank.org/pages/9087/Patents-Patentable-Inventions.html Related terms: intellectual property; Narrower terms: EST patents, genomic patents, international patents, patent portfolio, patent system, provisional patent applications, SNP patents, stealth patents, submarine patents, utility patents

Free Patents Online http://www.freepatentsonline.com/
Google Patents
 http://www.google.com/patents   
Patent claim types https://en.wikipedia.org/wiki/List_of_patent_claim_types
Patents full-text & patent applications, US Patent & Trademark Office, US http://www.uspto.gov/patft/

Patent and Trademark Office PTO, US: The PTO promotes industrial and technological progress in the United States and strengthens the national economy by: Administering the laws relating to patents and trademarks. Advising the Secretary of Commerce, the President of the United States, and the administration on patent, trademark, and copyright protection. Advising the Secretary of Commerce, the President of the United States, and the Administration on the trade- related aspects of intellectual property. http://www.uspto.gov/

patent cliff: A colloquialism to denote the potential sharp decline in revenues upon patent expiry of one or more leading products of a firm.  http://www.investopedia.com/terms/p/patent-cliff.asp#ixzz2Esh3BTKi

“Investors are increasingly willing to accept that pharma companies can navigate the patent cliff through factors including growth in emerging markets, cost management, diversification and in some cases new drug launches,” said Deutsche Bank analyst Mark Clark “ Big pharma approaching bottom of patent cliff,, Nature Blog Oct 2012 http://blogs.nature.com/news/2012/10/big-pharma-approaching-bottom-of-patent-cliff.html

patent pools: Wikipedia patent pools http://en.wikipedia.org/wiki/Patent_pool   

patent portfolio: Patents owned and applied for.  Refers to owned intellectual property, does not include licensing arrangements. 
Wikipedia http://en.wikipedia.org/wiki/Patent_portfolio     

patent stacking: Taking out many patents for different aspects of a single innovation, thus forcing several royalty applications and payments. Aaron Cosbey , Sustainable Development Effects of the WTO TRIPS Agreement: A Focus on Developing Countries, International Institute for Sustainable Development, Canada, 2000 Related term: royalty stacking 

patent system: The [patent system] has changed from focusing on conventional drugs to being a system that also encompasses patents on biological molecules containing genetic information. . Many thousands of patents with claims to human DNA sequences have been filed and granted, and few have as yet been subject to legal challenge. The many patents include claims for genomic DNA sequences, complementary DNAs, individual mutations, expressed sequence tags (ESTs) and single nucleotide polymorphisms (SNPs) Martin Bobrow, Sandy Thomas "Patents in a genetic age" Nature 409:763-764, 15 Feb. 2001  Related terms: international patents, EPO European Patent Office, JPO Japanese Patent Office, PTO Patent and Trademark Office (US) WIPO World Intellectual Property Office 

patent thicketAn overlapping set of patent rights requiring those seeking to commercialize new technology obtain licensees from multiple patentees.  Navigating the patent thicket, Carl Shapiro, Univ. of California, Berkeley, Mar. 2001  http://faculty.haas.berkeley.edu/shapiro/thicket.pdf  

patent trolls: President Obama’s executive order is aimed at limiting the negative effect of Patent Assertion Entities (PAEs) also known as ‘patent trolls’ on the innovation ecosystem and on the economy at large. ,,, While the executive order itself will not change the system, it sets the direction for future.  The direction provided by the order coupled with the legislations like the SHIELD (Saving High-tech Innovators from Egregious Legal Disputes) Act will help reduce the damage caused by non-value adding and frivolous infringement suits. The amount of patent infringement suits brought about by PAEs has increased tremendously over the last few years. In the last two years, it has risen from 29 per cent to 62 per cent. Estimates suggest that PAEs may have threatened over 100,000 companies with patent infringement last year alone …  the impact could be significant on the biotech space where there is scope of functional claiming. Under most circumstances, pharma patents cover function of a drug tied to a particular composition of the drug. Therefore, the scope for the meaning of the claim to change over time is less. Biotech is a field at the cusp of many different fields and is a rapidly evolving field. There is more scope for meaning of a claim to change over a period of time, and functional claims in the field could be restricted in the way they are allowed to be written today. Nandita Vijay, Obama’s recent orders on ‘patent trolls’ could impact biotech cos more than pharma cos, PharmaBiz July 2013 http://www.pharmabiz.com/ArticleDetails.aspx?aid=76777&sid=11  

Patent Users Information Group PIUG: International Society for Patent Information Professionals is a not-for-profit organization for individuals having a professional, scientific or technical interest in patent information.  https://www.piug.org/  Annual Biotech Conference

patinformatics: Describes the science of analyzing patent information to discover relationships and trends that would be difficult to see when working with patent documents on a one-on-one basis. The term encompasses all forms of analyzing patent information, including the following:  Patent intelligence — The use of patent information to identify the technical capabilities of an organization and the use of that intelligence to develop a strategy for strategic technical planning; Patent mapping — Sometimes described as white space mapping, which uses published patent data to create a graphical or physical representation of the relevant art pertaining to a particular subject area or novel invention; Patent citation analysis — the study of patent citations for potentially determining a patent's value or, perhaps more reliably, the identification of potential licensing partners or leads based on the citation of an organization's patents by another company in the same or a completely different market space  Patinformatics can also cover additional applications of patent information involving a subsequent analysis step.  Anthony Trippe,  Patinformatics: Identifying Haystacks from Space, Searcher 10(2): Oct. 2002   http://www.infotoday.com/searcher/oct02/trippe.htm

pre-competitive: Biopharmaceutical Research

prior art: Definition and relationship to patents, Wikipedia http://en.wikipedia.org/wiki/Prior_art 

provisional patent applicationsSince June 8, 1995, the United States Patent and Trademark Office (USPTO) has offered inventors the option of filing a provisional application for patent which was designed to provide a lower- cost first patent filing in the United States and to give U.S. applicants parity with foreign applicants under the GATT Uruguay Round Agreements. US PTO, "Provisional Application for Patent, Nov. 29, 2000 http://www.uspto.gov/web/offices/pac/provapp.htm

A provisional application for patent is a U. S. national application for patent filed in the USPTO under 35 U.S.C. §111(b). It allows filing without a formal patent claim, oath or declaration, or any information disclosure (prior art) statement. It provides the means to establish an early effective filing date in a non- provisional patent application filed under 35 U.S.C. §111(a) and automatically becomes abandoned after one year. It also allows the term "Patent Pending" to be applied. USPTO Glossary

reach through provisions: A reach-through claim is one that attempts to cover the basic research of an invention or discovery.[35] It is an "attempt to capture the value of a discovery before it may be a full invention." [36] Specifically, a reach-through claim is one in which "claims for products or uses for products when experimental data is provided for screening methods or tools for the identification of such products." [37] A reach through claim can be thought of as an exception to the general rule about claims.[38]  Wikipedia Patent claims list of accessed 2018 Sept 2 https://en.wikipedia.org/wiki/List_of_patent_claim_types#Reach-through  Related term: Material Transfer Agreement MTA

research examption: In patent law, the research exemption or safe harbor exemption is an exemption to the rights conferred by patents, which is especially relevant to drugs. According to this exemption, despite the patent rights, performing research and tests for preparing regulatory approval, for instance by the FDA in the United States, does not constitute infringement for a limited term before the end of patent term.[1] This exemption allows generic manufacturers to prepare generic drugs in advance of the patent expiration. In the United States, this exemption is also technically called § 271(e)(1) exemption or Hatch-Waxman exemption. In 2005, the U.S. Supreme Court considered the scope of the Hatch-Waxman exemption in Merck v. Integra. The Supreme Court held that the statute exempts from infringement all uses of compounds that are reasonably related to submission of information to the government under any law regulating the manufacture, use or distribution of drugs. Wikipedia accessed 2018 Aug 22 https://en.wikipedia.org/wiki/Research_exemption

royalty stacking: Results from situations such as the development of a particular drug  which could involve licensing array technology from one company,  high- throughput  screening from another, a gene product  that was discovered by virtue of a  patented SNP from a third, and a small molecule drug candidate that came from a  combinatorial target library generated in partnership with a fourth. Each could call for the technology supplier to earn royalty payments on the ultimate drug.  Related term: patent stacking  

safe harbor: See under research exemption

SNP patents: unlike patents on genes that code for useful proteins or genes that can be used in diagnosis, have very little practical value on their own. A Biotechnology Patent Pool - The Journal of Philosophy, Science & Law  jpsl.org/archives/biotechnology-patent-pool-idea-whose-time-has-come/ bib to resources

software patents: A suggested definition of software patent has been proposed by the Foundation for a Free Information Infrastructure (FFII) as being a "patent on any performance of a computer realised by means of a computer program".[1 There is no legal or conclusive definition for a software patent.[2]   In Europe, "computer programs as such" are excluded from patentability, thus European Patent Office policy is consequently that a program for a computer is not patentable if it does not have the potential to cause a "further technical effect" beyond the inherent technical interactions between hardware and software.  Wikipedia, accessed June 8 2015 http://en.wikipedia.org/wiki/Software_patent

Software partnership US PTO http://www.uspto.gov/patent/initiatives/software-partnership

stealth patents: Patents filed on genes which have been discovered but have unknown function(s). Also known as submarine patents. 

submarine patents: Wikipedia http://en.wikipedia.org/wiki/Submarine_patent 

technology transfer: There is no widely accepted definition of technology transfer, but, generally speaking, technology transfer is the sharing of knowledge and facilities among: Federal laboratories, Industry, Universities, Federal, state, and local governments , Third party intermediaries. The concept of technology transfer as a practical matter becomes clearer when one understands what technology transfer is designed to accomplish. For instance, the purpose of a federal technology transfer program is to make federally generated scientific and technological developments accessible to private industry and state and local governments. These users are then encouraged to develop the technology further into new products, processes, materials, or services that will enhance our nation's industrial competitiveness or otherwise improve our quality of life. What is Technology Transfer? National Technology Transfer Center, Wheeling College Inc. 1996 http://www.nttc.edu/products/guide/seca01.html

Can cover a wide spectrum of activities, from informal exchanges of ideas between visiting researchers to contractually structured research collaboration involving the joint use of facilities and equipment. Only since the late 1980s, however, has technology transfer become an important mission component of  most Federal labs. Some agencies, however, have long shared their research with the private sector (e.g., USDA’s Agricultural Research Experiment Stations and NASA’s civilian aeronautics programs), and several laws passed in the early 1980s encouraged such sharing — notably, the Stevenson- Wydler Technology Innovation Act of  1980. National Science Foundation Science and Engineering Indicators, 2000 http://www.nsf.gov/sbe/srs/seind00/access/toc.htm#chapter2
NIH Office Of Technology Transfer https://www.ott.nih.gov/

Technology Transfer federal: The movement of technology from the federal laboratories to industry and to state and local governments is achieved through technology transfer. Technology transfer is a process by which technology developed in one organization, in one area, or for one purpose is applied in another organization, in another area, or for another purpose. In the defense arena it is often called “spinoff.” Technology transfer can have different meanings in different situations. In some instances, it refers to the transfer of legal rights, such as the assignment of patent title to a contractor or the licensing of a government-owned patent to a private firm. In other cases, the transfer endeavor involves the informal movement of information, knowledge, and skills through person-to-person interaction. The crucial aspect in a successful transfer is the actual use of the product or process. Without this, the benefits from more efficient and effective provision of goods and services are not achieved. However, while the United States has perhaps the best basic research enterprise in the world—as evidenced in part by the large number of Nobel Prizes awarded to American scientists—other countries sometimes appear more adept at taking the results of this effort and making commercially viable products to be sold in U.S. and world markets.2  NIST WH Schacht 2012  Technology Transfer: Use of Federally Funded Research https://en.wikipedia.org/wiki/Technology_transfer

trade secret: The fourth type of intellectual property, in addition to patents, trademarks, and copyrights, is trade secrets. Trade secrets consist of information and can include a formula, pattern, compilation, program, device, method, technique or process. To meet the most common definition of a trade secret, it must be used in business, and give an opportunity to obtain an economic advantage over competitors who do not know or use it.   US Patent & Trademark Office https://www.uspto.gov/patents-getting-started/international-protection/trade-secrets-policy

The precise language by which a trade secret is defined varies by jurisdiction, as do the particular types of information that are subject to trade secret protection. Three factors are common to all such definitions: A trade secret is information that is not generally known to the public; confers economic benefit on its holder because the information is not publicly known; and is the subject of reasonable efforts by the holder to maintain its secrecy. Wikipedia accessed 2018 Aug 26 https://en.wikipedia.org/wiki/Trade_secret

European Journal of Human Genetics (2013) 21, 585–588; doi:10.1038/ejhg.2012.217; published online 14 November 2012  The next controversy in genetic testing: clinical data as trade secrets?  Robert Cook-Deegan, John M Conley, James P Evans and Daniel Vorhaus http://www.nature.com/ejhg/journal/v21/n6/full/ejhg2012217a.html

university-industry partnerships and intellectual property: The protection of intellectual property has been one of the most challenging issues in the recent proliferation of university- industry- government partnerships - largely because costs and benefits associated with protection of intellectual property are distributed unevenly among different sectors. Even though different sectors might share the general goal of providing useful innovations to society, there are vast differences in how people can contribute to this goal.  Intellectual Property Rights and Research Tools in Molecular Biology, Summary of a Workshop Held at the National Academy of Sciences, Feb. 15-16, 1996, National Academy Press, 1997 industry https://www.ncbi.nlm.nih.gov/books/NBK233543/

utility guidelines [Jan.2001]: The utility Guidelines are applicable to all areas of technology. However, they are particularly relevant in areas of emerging technologies, such as gene- related technologies, where uses for new materials that have not been fully characterized are not readily apparent.  Press release, USPTO PUBLISHES FINAL GUIDELINES FOR DETERMINING UTILITY OF GENE- RELATED INVENTIONS, Jan. 4, 2001  http://www.uspto.gov/web/offices/com/speeches/01-01.htm
Utility Examination Guidelines, Federal Register 66 (4): 1092- 1099, January 5, 2001 Notices http://www.uspto.gov/web/offices/com/sol/notices/utilexmguide.pdf  Related term: gene patents

utility patents: May be granted to anyone who invents or discovers any new, useful, and nonobvious process, machine, article of manufacture, or composition of matter, or any new and useful improvement thereof. USPTO Glossary

W3C patent policy: http://www.w3.org/TR/patent-policy/

WIPO World Intellectual Property Organization: One of the 16 specialized agencies of the United Nations system of organizations. It administers 21 international treaties dealing with different aspects of intellectual property protection. The Organization counts 175 nations as member states. http://www.wipo.org/ 

An intergovernmental organization of the United Nations system. WIPO is responsible for the promotion of the protection of intellectual property throughout the world and for the administration of various multilateral treaties dealing with the legal and administrative aspects of intellectual property. US PTO Glossary

white space mapping: SEE under patinformatics

Intellectual Property and Legal Resources
EPO European Patent Office, Glossary 2012  http://www.epo.org/service-support/glossary.html 
National Academy of Sciences, Reaping the Benefits of Genomic and Proteomic Research: Intellectual Property Rights, Innovation, and Public Health 2006 http://www.nap.edu/openbook.php?record_id=11487&page=1
NIH Definitions related to technology transfer and research tools,  https://www.mmrrc.org/about/NIH_research_tools_policy/appendb.htm

OECD Glossary of Patent Terminology http://online.fliphtml5.com/qhhw/nyhv/

USPTO Glossary, US Patent and Trademark Office,  https://www.uspto.gov/learning-and-resources/glossary


There are a number of other legal dictionaries online (at least seven in Onelook http://www.onelook.com

How to look for other unfamiliar biopharmaceutical  terms

IUPAC definitions are reprinted with the permission of the International Union of Pure and Applied Chemistry.

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