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Biotechnology Agreements San Diego
California Biotechnology Agreements San Diego Summary
While similar to general business and intellectual property agreements, the contracts used in the biotechnology industry typically have unusual terms and conditions specific for the industry, making general form contracts unusable in biotechnology transactions.
San Diego Corporate Law provides its clients with biotechnology specific contracts, including:
• Study Support Agreements;
• Biotechnology Patent Licenses;
• Clinical Trial Master Agreements;
• Sponsored Research Agreements;
• Biological Material Transfer Agreements;
• Clinical Research Support Agreements;
• Product Development Agreements;
• Joint Research and Invention Agreements;
• Research Services Master Agreements;
• Evaluation of Proprietary Biological Material Agreements;
• Material Manufacturing and Supply Agreements;
• Proprietary Biological Material Transfer Agreements;
• Non-Exclusive License of Proprietary Live Animals Agreements;
• University Research Agreements;
• Corporate Research Agreements; and
• Clinical Research Support Agreements.
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Biotechnology Contracts Overview
Biotechnology contracts deal with a broad range of contractual agreements, including the disposition and licensing of patentable intellectual property and non-patentable yet proprietary materials of a biological nature, research funding contracts, and joint ownership of intellectual property contracts.
Biotechnology Patent Licensing
Beyond the normal verbiage of patent licenses generally, biotechnology patent licenses often restrict the technical fields in which a licensee may utilize the patented invention based upon variable such as therapeutic use, USDA regulations, and geographical boundaries for use. Biotechnology patent licenses may also detail development milestones that, if not met, will automatically terminate the licensing agreement.
Biotechnology Research Funding
In developing a biotechnical or pharmaceutical product or device, a biotechnology company may contract with a research institute for sponsored or clinical research. The contracts between the company need to specify the scope of the research, the method of reporting research results, which parties will own any of the inventions made during the course of the research and what, if any, licenses or royalties will be involved between the parties to the research for these inventions.
Joint Ownership of Intellectual Property
An invention in the field of biotechnology is rarely the product of only one person or company’s efforts. When a combination of persons from two or more companies or research institutions creates new intellectual property, the multiple inventors should enter an agreement governing their joint ownership over the intellectual property. Such a contract dictates which party is responsible for filing and maintaining patent applications, which party will enforce the rights of those patents through infringement lawsuits and other means, and which party will be responsible for financially exploiting the intellectual property through licensing and continued development.