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Maximizing profits through intelligent planning and implementation

Nature Biotechnology volume 18, pages 565–566 (2000)Cite this article

What every executive needs to know about intellectual asset management.

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References

  1. PhRMA website (http://www.phrma.org).

  2. See 21 USC § 355(j)(2)(A)(vii)(IV).

  3. See 35 USC § 156(b).

  4. Ethicon, Inc. v. US Surgical, Inc., 135 F.3d 1456 (Fed. Cir. 1998).

  5. Under US law, an inventor is a party who conceives of an invention. A conception has been defined as: “the formation in the mind of the inventor of a definite and permanent idea of the complete and operative invention, as it is hereafter to be applied in practice.” Ethicon, Inc. v. US Surgical, Inc., 135 F.3d 1456, 1460 (Fed. Cir. 1998). A conception can be thought of as a “mental image” of the invention, and is considered complete if that “image” could be transferred to the skilled person in such a way that the skilled person could practice the invention without the need for undertaking undue experimentation.

  6. Joint inventorship has been described as “one of the muddiest concepts in the muddy metaphysics of the patent law.” Mueller Brass Co. v. Reading Industries, Inc., 352 F.Supp. 1357, 1372 (E.D. Penn. 1972).

  7. Inventors are considered owners of the patent unless they have assigned their rights to others. See 35 USC §§ 101, 261.

  8. Inventors can be added to patents pursuant to 35 USC § 256.

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Authors and Affiliations

  1. partner in the biotechnology and pharmaceutical practice group of Foley & Lardner, 3000 K Street, N.W., Suite 500, Washington, D.C., 20007

    John P. Isacson

  2. Foley & Lardner is a team member of INTX,

    John P. Isacson

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  1. John P. Isacson
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Isacson, J. Maximizing profits through intelligent planning and implementation. Nat Biotechnol 18, 565–566 (2000). https://doi.org/10.1038/75458

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