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Table of Contents
- The Prior Art Effect of Material Transfer Agreements
By J. Steven Whitaker
- Sequence Necessary for DNA Patent Claims
By Ellen P. Winner
- Impact of the North American Free Trade Agreement on Canadian
Intellectual Property Rights Relating to University Technology
Management
By Sheldon Burshtein
- What Counts: A Publication Guide for the Inventor Seeking a
Patent
By Patricia A. Hider
Editor's Preface
Practitioners of technology transfer will attest to the multi-faceted
nature of their profession, which combines aspects of business, science,
and law. Previous volumes of this Journal have featured articles
covering varied topics, including: specific legal issues, such as the
art of patenting and licensing biotechnology, animals, and plants;
business issues, such as product liability, licensee bankruptcy,
withholding tax and unrelated business income tax; university
administrative issues, such as conflict of interest and agreements
governing ownership of university inventions; and analysis of the famous
Bayh-Dole Act of 1980, on which the profession is based.
In Volume VI the emphasis is on intellectual property law. Three of the
four articles focus on patent law, providing an "alert" to technology
managers to watch for pitfalls in university practices that might cause
problems later on in the patenting process. The fourth article concerns
the North American Free Trade Agreement (NAFTA) and its effect on
intellectual property law and rights at universities.
In his article entitled "The Prior Art Effect of Material Transfer
Agreements," J. Steven Whitaker analyzes the use of MTAs and calls our
attention to the potential loss of patentability when transfer
agreements are utilized under certain conditions.
Ellen Winner examines the art and strategy of filing patent applications
involving DNA segments. Her study, "Sequence Necessary for DNA Patent
Claims," reviews the evolving state of the law in this area and calls
for an appeal to the Federal Circuit.
In "What Counts: A Publication Guide for the Inventor Seeking a Patent,"
Patricia Hider compares various types of public disclosures, assesses
their impact on the patent application process, and provides guidance
derived from relevant case law.
On the second anniversary of the signing of the North American Free
Trade Agreement, Sheldon Burshtein provides an extensive analysis of the
NAFTA, with specific attention to its significance for intellectual
property rights at universities in Canada, Mexico, and the United
States. Mr. Burshtein's article is especially timely as the General
Agreement on Tariffs and Trade (GATT) makes another appearance on the
world scene.
The Editorial Board of the AUTM Journal welcomes letters and comments
from its readers concerning issues raised in published articles or on
other matters of interest to our colleagues. Letters may be considered
for the "Letters to the Editor" section or forwarded to the individual
author for reply, at the discretion of the Editor.
We thank the authors of this Volume, and encourage our readers to submit
original papers on topics of interest to professional technology
managers. Those contemplating writing an article or a letter to the
Editor are asked to contact the Managing Editor for content and review
procedures.
Jean A. Mahoney, Editor, December 1994
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