Chapter 9. Research Data and Intellectual Property
Thomas D. Mays and Francis L. Macrina (5.29.2019)
Charmasson H, Buchaca J.
2008. Patents, Copyrights & Trademarks for Dummies, 2nd ed. Wiley
Publishing, Inc, Hoboken, NJ.
Council on Governmental
Relations. 2012. Access to and Retention of Research Data: Rights and
Responsibilities. Council on Governmental Relations, Washington, DC. http://www.cogr.edu/Pubs_ResearchAdmin.cfm.
Kanare HM. 1985. Writing the Laboratory
Notebook. American Chemical Society, Washington, DC.
Miller AR, Davis MH. 2012.
Intellectual Property, Patents, Trademarks, and Copyright in a Nutshell, 5th
ed. West Academic Publishing, St. Paul, MN.
National Research Council.
2003. Sharing Publication-Related Data and Materials: Responsibilities of
Authorship in the Life Sciences. National Academies Press, Washington, DC. http://www.nap.edu/catalog.php?record_id=10613.
National Research Council.
2004. A Patent System for the 21st Century. National Academies Press,
Washington, DC. http://www.nap.edu/catalog.php?record_id=10976.
The website of the U.S. Copyright Office contains much general information about copyrights as well as a search engine for finding copyright registrations:
Data Sharing Regulations/Policy/Guidance Chart for NIH (National Institutes of Health) Awards:
The NIH’s Frequently Asked Questions about Data Sharing Web page includes the definition of “final research data” and other important contextual information on research data and data sharing:
The NIH Data Sharing Policy and Implementation Guidance Web page includes sample data sharing plans:
NIH Grants Policy Statement, which contains the data sharing policy (Section 188.8.131.52):
NIH Data Sharing Policy brochure:
NIH Policy on the Sharing of Model Organisms for Biomedical Research brochure:
National Science Foundation’s (NSF) Dissemination and Sharing of Research Results Web page:
NSF information on data management plans for grant applications to the Directorate for Biological Sciences:
Federal Trade Commission
The 2004 report To Promote Innovation: the Proper Balance of Competition and Patent Law and Policy can be accessed at
The 2011 report The Evolving IP Marketplace: Aligning Patent Notice and Remedies with Competition can be accessed at
Freedom of information
The National Freedom of Information Coalition website is maintained by “a nonpartisan alliance of citizen-driven nonprofit freedom of information organizations, academic and First Amendment centers, journalistic societies and attorneys.” This site contains current information on Freedom of Information Act issues.
Genetic technology and
National Human Genome Research Institute’s Intellectual Property and Genomics Web page:
A 2013 article discussing the Supreme Court’s review of Myriad Genetics’ gene patents can be found at:
For an analysis of the decision on SCOTUSblog, see:
Intellectual property: general
AIPLA (American Intellectual Property Law Association) is a bar association of attorneys in private and corporate practice and government service and offers a number of useful documents, specifically How To Protect and Benefit From Your Ideas:
Information on patents and other forms of intellectual property can be found at the website of the U.S. Patent and Trademark Office (PTO):
Patent resources may be found at the site offered by the law firm of Oppedahl and Larson:
Access to the U.S. PTO site is free and permits searching and downloading of full-text (or image) copies of U.S. patents and published applications:
A search engine for trademarks can be found on the U.S. PTO home page under “Trademarks”:
- Taking and using the property of another without permission for
the sole purpose of capitalizing unfairly on the goodwill and reputation of the
- Generally refers to principles of law developed through
litigation in the courts, rather than statutes enacted through the legislative
Contract law -
Subset body of law developed as common law and statute that
relates to agreements between parties, including rights and obligations of parties.
- A property
right over intangible intellectual property concerning original works of
authorship fixed in any tangible medium of expression.
Derivative work - Work that is compiled by the author from preexisting
works; a copyright to a derivative work extends only to that material
contributed by the author and not to the preexisting work.
- Statutory protected form of noncommercial use of work under
copyright that includes use of work for purposes of criticism, comment, news
reporting, teaching, scholarship, and research.
Freedom of Information Act
- Statute requiring U.S. government agencies to provide upon request
documents in the possession of the agency and those whose research is supported
under a federal funding agreement and all research data produced therefrom, not
otherwise exempted from release under statute (5 U.S.C. §551 et seq. [1977 and
Supp. 2002]). There are nine categories of exemptions that are intended to
protect the release of sensitive information.
organization, individual, or other person designated in the grant; the legal
entity to whom a grant is awarded. In the context of federal funding, the party
receiving a grant of financial assistance, as provided under 45 CFR Part 74,
for grants from the U.S. Public Health Service.
- Design patents provide a 14-year period of protection for the
ornamental features of an article of manufacture.
- Plant patents provide the same term as discussed below for
utility patents. Plant patents provide protection for those plants (and parts
thereof) that the inventor discovers and is able to reproduce asexually, other
than tubers (e.g., potatoes).
- For those patent applications filed on or after June 8, 1995,
the term begins on the date the patent issues and continues for 20 years from
the filing date of the earliest filed application (e.g., the term of a patent
issuing on January 11, 1996, from an application filed July 11, 1995, expires
on July 11, 2015; note this is an enforceable term of 19 1/2 years). Utility
patents provide protection for those inventions that are useful, novel, and
nonobvious and that constitute a process, machine, manufacture, or composition
of matter, or any new improvement thereof; this includes the invention claimed
as a drug or claimed as a use of a drug.
- A single individual, designated by the grantee in the grant
application and approved by the Secretary of the U.S. Department of Health and Human
Services, who is responsible for the scientific and technical direction of the
Provisional patent application - An informal patent application filed
with the PTO that is less expensive to prepare than a regular utility
application. The provisional patent application is not considered by the PTO
but remains on file for 1 year. Once filed, this document precludes a
subsequent public disclosure of the application’s subject matter from
destroying the patentable novelty of the invention. Disclosure without
provisional patent application protection might otherwise result in forfeiture
of patent rights. A regular patent application must be filed by the end of the
1-year period of the provisional patent application, or the opportunity to
patent the invention will be lost.
- An act of
the legislature declaring, commanding, or prohibiting something; a law.
- A formula, pattern, device, or compilation of information that
is used in one’s business and that gives one opportunity to obtain advantage
over competitors who do not know or use it.
Trademark - A distinctive mark that
indicates the source of a particular product or service.