Category Archives: Student blog posts

Open Source Biotechnology + Patentability = ?

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A post from our student blogger Sarah Goodman

While completing an assignment for my capstone project I became interested to learn more about open source technology related to patentability.

Open source is a philosophy that promotes free redistribution and access to an end product’s design and implementation. One example of open source products is the Linux family of computer operating systems that are often available free of charge. Organizations such as Creative Commons and the Free Software Foundation have websites where individuals can file for alternative “licenses,” or levels of restriction, for their works. Open source resources most often refer to software and technology development. The concept of open source technology has existed for decades. There is a lot of available information concerning open source software. However, biological open source technologies have been recently emerging.

Biological open source technologies extend the principles of open source software development to the development of research tools in medical and agricultural biotechnology. One of the leading organizations aimed at open source biotechnology development is the Biological Innovation for Open Society, or BIOS. This new technology-sharing initiative was developed at Cambia, a nonprofit Australian research institute supported by the Rockefeller foundation.

In one example, open source methods have been used to distribute a technique for creating a genetically modified crop.  This technique is available free to others to use and improve, as long as any improvements are also available free. BIOS states that while users of the technology are required to put any improvements they make into the open source pool of knowledge, companies and universities are allowed to patent any products they make using the technology, like a genetically modified crop. Patents are integral for innovation in biotechnology, so it is important that the products developed from using open source technological tools and methods can be patented. However, all licensees are required to share some aspects of the improvements, making them available for use to other licensees, even though they may be patented.

Open source licenses do not necessarily bar inventors from obtaining patent protection on inventive aspects of their technology. However, there may be some constraints on the inventors’ patent rights if some of the integral pieces of the invention were distributed through the open source method.

There are many difficulties in translating the current open source regulations to the biomedical field. The primary licensing system in software is copyright, whereas in biotechnology it is patents. The cost of patent protection can be substantial, but patent fees can be recovered from licensees. Due to the complexity of biotechnological innovations it can be difficult to determine what constitutes an improvement to a technology that uses open source materials or methods.

The current question is whether the open source model will work in the biological research field and how patent rights will be determined in court cases. A large determinant of the acceptance of the open source method in the commercial market will be whether or not it is appealing to IP owners. Open source biotechnology is an interesting emerging topic that will play a role in future biological patents.

Office of Tech Transfer a Valuable Resource for Students

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A post from our student blogger Sarah Goodman

An important resource to the students in the MSPL program at the University of Notre Dame is the Office of Technology Transfer (OTT). This office is available to assist university faculty, research staff, and students in bringing new technologies to commercialization. The OTT has the resources to patent, market, and license products of university research. This office secures legal protection in the form of patents for technologies invented at Notre Dame and markets the technologies to companies suited to develop the inventions. When appropriate companies are identified, the OTT is capable of negotiating licensing agreements and distributing the proceeds in accordance with the University’s intellectual property policies. The MSPL program prepares us for job opportunities in the field of academic technology transfer as a possible career option.

I am a current student employee in the OTT. My job duties include researching current Notre Dame technologies and completing Patentability and Marketability Reports. To investigate the patentability of an invention, I search patent and literature databases to identify publications that could prevent a patent from issuing on the technology.  To investigate the marketability of an invention, I complete market research to see if anything similar is commercially available, investigate the target customers, and determine whether or not the technology has commercial value.

The other student employee at the OTT is Vini Melo, a current student in the graduate ESTEEM program. He also evaluates inventions and is currently coordinating databases that will be used to market technologies invented at Notre Dame.

The Office of Technology Transfer is a valuable asset on campus and will aid in the success of the MSPL program. The University’s Intellectual Property Policy and information concerning the Office of Technology Transfer is available online at ott.nd.edu.

MSPL Boot Camp

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A post from our student blogger Sarah Goodman

During the orientation Boot Camp, the MSPL class had the opportunity to learn from three different speakers in the patent law field. The first guest, Dr. Art Moss, is a Sr. Patent Associate at DuPont. He gave a full-day presentation, “Patent Law for Researchers,” to the MSPL class and some members of the Notre Dame community at Innovation Park. Dr. Moss explained the different parts of a patent and techniques for writing a patent application. He also gave an introduction to the United States Code Title 35, which addresses the patentability of inventions.

Our second speaker was Dr. David Burns, a patent agent and employee of Qualcomm Incorporated. Qualcomm is a California-based corporation that is a leading patent licensor of wireless technology and innovation. Dr. Burns lectured to our class for three days. Some highlights included an extensive introduction to conducting inventor interviews and working with invention disclosure forms. We also learned more about the Code of Federal Regulations Title 37 which contains the rules concerning the format and filing of patent applications. As one of the most efficient patent writers in his field, he gave our class tips on drafting patents and creating invention illustrations.

We met the final guest speaker of the Boot Camp on a tour of the Union Station Technology Center in South Bend. The facility is a state-of-the-art technology center which offers computing space and power services while operating fiber optic networks for the Midwest. Dr. Shane Fimbel, chief operating officer of Union Station, gave us a presentation about the history and function of this data center as well as a tour of the facilities. He emphasized the essential role of innovation and creativity in the success of this business.

Meet Sarah Goodman

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My name is Sarah Goodman and I am currently a student in the Master of Science in Patent Law Class of 2013.

The MSPL program at the University of Notre Dame will give me opportunities to learn about intellectual property law, as well as practice field-related skills for employment as a patent agent following graduation.

I have a B.S. in Medical Biotechnology from Upstate Medical University in Syracuse, NY.  While at Upstate, I worked on two research projects in the department of Neuroscience and Physiology. Both of these projects focused on the isolation and characterization of mutations in subjects with Parkinson`s disease or schizophrenia.

This past summer, I conducted research in the biology laboratory of the Centre Hospitalier Intercommunal; the hospital of Saint Germain en Laye and Poissy in France. For two months I designed and conducted a research project investigating genetic mutations in subjects with Factor XII deficiency. I am currently analyzing the sequencing files from this project for any novel variations.

My capstone project will be to research an invention and write the patent application. The project I chose is in the molecular biology field and will concern genetically engineered yeast for use as an analytical tool.

I enrolled in this program because patent law is a growing field with technologies constantly evolving. This is a good career to combine a passion for science with an interest in law.  The University of Notre Dame is a great place to begin this career because of the dedication of the professors and researchers on campus. The resources available for this program far exceed my expectations.  As I begin classes, this upcoming school year promises to be very exciting!