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Professor Examines Licensing Of DNA Patents


Washington, D.C. – Contrary to prevailing beliefs, a major survey conducted by Georgetown University professor LeRoy Walters and six colleagues shows that the licensing of DNA patents at U.S. academic institutions has not led to the decline in academic cooperation and technology transfer that many observers have feared.

Recent discussion in academic circles has raised concerns that increased licensing of DNA patents by universities and non-profits could lead to a "tragedy of the anti-commons," stifling the advancement of research. This discussion has relied heavily on anecdotal evidence. Walters’ study, published in the January 2006 issue of Nature Biotechnology, reported on responses from 19 of the 30 largest U.S. DNA patent-holding universities. The study demonstrates that in most cases the licensing behavior of universities allows for collaboration and sharing of DNA-based inventions among academic institutions. This dissemination of technology occurs despite the fact that some of the invent

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There is a time limit on patent protection.

For applications filed on or after June 8, 1995, utility and plant patents are granted for a term which begins with the date of the grant and usually ends 20 years from the date you first applied for the patent subject to the payment of appropriate maintenance fees. Design patents last 14 years from the date you are granted the patent. Note: Patents in force on June 8 and patents issued thereafter on applications filed prior to June 8, 1995 automatically have a term that is the greater of the twenty year term discussed above or seventeen years from the patent grant.

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In applications under §§1 and 44 of the Trademark Act, the applicant may claim more than one basis, and may add or substitute a basis after filing the application.

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In some countries, the applicant who is the first to invent will be awarded the patent over all others.

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