Announcement

Collapse
No announcement yet.

UH gives up Taro patent rights

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • UH gives up Taro patent rights

    Now that the UH has relinquished their patents on the strain of taro they developed, http://starbulletin.com/2006/06/21/news/story03.html doesn't that mean anyone can refile that patent and claim it as their own?

    If this is the case (and I hope I'm wrong) then giving up patent rights may have opened up a Pandora's box for someone else who has less than honorable intentions to claim the patent rights.

    I remember when Perry and Price years ago found out that the word Huli Huli Chicken wasn't a copyrighted phrase so they as a joke copyrighted it.
    Life is what you make of it...so please read the instructions carefully.

  • #2
    Re: UH gives up Taro patent rights

    Patent law is a mind-boggling maze, but I believe the end result of the "terminal disclaimer" (versus expiration/abandonment) is that the patent is released into the public domain. In other words, it's not just saying, "We don't own this anymore." It's saying, "Everyone can use this, and no one can own it." Or something like that.

    So can the once-patented variety of taro be cultivated by Gerber and used in baby food? Yes. Can Gerber take ownership of the variety and stop another company from doing the same? No.

    Comment


    • #3
      Re: UH gives up Taro patent rights

      What I wonder about is whether this will give some biotech researchers pause about working and doing research at UH. Their attitude might be "If you're gonna back down and not protect my patent rights, why would I work there?"
      http://www.linkmeister.com/wordpress/

      Comment


      • #4
        Re: UH gives up Taro patent rights

        Well, how much does a researcher benefit from a patent, anyway? I thought usually, academic researchers who develop a patentable technology or product are often bummed that their institution/employer reaps most of the rewards.

        I would be curious how the original researchers themselves feel about the terminal disclaimer, though.

        Comment


        • #5
          Re: UH gives up Taro patent rights

          Originally posted by pzarquon
          I believe the end result of the "terminal disclaimer" (versus expiration/abandonment) is that the patent is released into the public domain. In other words, it's not just saying, "We don't own this anymore." It's saying, "Everyone can use this, and no one can own it."
          That's exactly the way I understand it as well.
          .
          .

          That's my story, and I'm sticking to it.

          Comment


          • #6
            Re: UH gives up Taro patent rights

            Originally posted by pzarquon
            Well, how much does a researcher benefit from a patent, anyway? I thought usually, academic researchers who develop a patentable technology or product are often bummed that their institution/employer reaps most of the rewards.

            I would be curious how the original researchers themselves feel about the terminal disclaimer, though.
            That used to be the case, but these days (as I understand it, and I might be wrong) researchers typically try to work out deals with their employers that allow them to share in royalties accrued from the patents they acquire.
            http://www.linkmeister.com/wordpress/

            Comment


            • #7
              Re: UH gives up Taro patent rights

              if they are smart.


              the bottom line;

              you don't get what ya deserve, in life.
              ya get whatcha negotiate for.

              Comment


              • #8
                Re: UH gives up Taro patent rights

                Any research done at UH that leads to patents is bound by the terms of the UH BOR policy. I wrote a post about this at my blog yesterday, with links to the policy. The amount of benefit the researcher gets is based upon the revenue the patent generates, but I think the least amount he or she would get is 1/3.

                Comment

                Working...
                X