Abstract
Transgenic mouse models of neurodegenerative diseases may have considerable commercial value. In many cases, that value is linked to the intellectual property rights associated with the model. This chapter discusses the protection of intellectual property, including patent, contract, and third-party rights, related to transgenic mouse models and addresses aspects of litigation, which can occur if intellectual property rights are infringed. Various methods of commercializing transgenic mouse models are considered, including how these various methods address concerns of the National Institutes of Health regarding the use of research tools.
Legal disclaimer: This chapter does not give legal advice, which should be obtained from an attorney familiar with the current state of the law and the specific facts applicable to the reader’s situation.
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Notes
- 1.
Both patent agents and patent attorneys are registered to practice before the US Patent and Trademark Office. Both can write, file, and prosecute patents. Only the patent attorney, however, can litigate patents.
- 2.
Patent applications generally publish 18 months from the earliest priority date.
- 3.
The licensor is the party that gives another party, the licensee, a license permitting the licensee to use the intellectual property of the licensor.
- 4.
Taconic Farms (www.taconic.com) and Charles River Laboratories (www.criver.com) are two examples.
References
Abrams I, Kaiser M (2000) Licensing transgenic mice: A short tutorial. J Assoc Unit Techno Managers XII:81–100
Report of the National Institutes of Health (NIH) working group on research tools. National Institutes of Health, Washington, DC, 1998. (Accessed October 29, 2008, at http://www.nih.gov/news/researchtools/)
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© 2011 Springer Science+Business Media, LLC
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Stoddard, S.L., Rogers, J.A. (2011). Transgenic Animals and Intellectual Property Concerns. In: De Deyn, P., Van Dam, D. (eds) Animal Models of Dementia. Neuromethods, vol 48. Humana Press. https://doi.org/10.1007/978-1-60761-898-0_6
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DOI: https://doi.org/10.1007/978-1-60761-898-0_6
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Publisher Name: Humana Press
Print ISBN: 978-1-60761-897-3
Online ISBN: 978-1-60761-898-0
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