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39 INNO V AT O RS GUIDE | M ASS GENERAL BRIGH AM
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5 Intellectual property
Common definitions:
Nearly all commercialization of life science Patentable inventions. Title 35 of the U.S. Code defines the categories
discoveries relies on Intellectual Property (IP). As of patentable subject matter as “Whoever invents….any new and useful
process (in medicine, often ‘a method’), machine (in medicine, these are
such, IP creates an asset that can be the basis of often devices), manufacture (in medicine, this covers the production of
investment, product development and companies. new articles from raw materials), or composition of matter (in medicine,
The Invention Disclosure Form prompts the new compounds or agents), or any new and useful improvement thereof,
may obtain a patent…”
intellectual property process. Copyright. A legal right which protects an original work of authorship. It
provides the right to determine how a work of authorship can be used, re-
printed or sold. It does not protect ideas; however, it will protect the specific
Defining Intellectual Property expression of an idea. For example, others may adapt a process described
if the text and illustrations describing the system are not republished.
The protection of ideas and their unique competitive attributes enables
them to become commercially viable as Intellectual Property. There are
four main types of Intellectual Property:
Patents for inventions
Copyrights for software, artistic or literary works
Trademarks for logos and brand names
Trade secrets, which cover expertise and know-how
Commercialization relies primarily on patents and copyrights. Licensing for
trademarks or trade secrets is not typically pursued. On occasion a license
related to know-how is negotiated.