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Last updated on 2024年4月7日

What do you do if your bioengineering project conflicts with someone else's intellectual property rights?

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Navigating the complex world of intellectual property (IP) rights is crucial in bioengineering, where innovation is at the forefront. If you find that your bioengineering project infringes on someone else's IP rights, it's important to take immediate and informed action. Understanding the scope of IP laws and how they apply to bioengineering can help you avoid costly legal battles and ensure your project progresses smoothly within legal boundaries.

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Nandu Surendran

Managing Director at B-Aegis Life Sciences & Research | Entrepreneur | Strategist | Exploring Advanced Biotherapeutics…
Yang Eugene

Patent Attorney at Amica Law
Nikhil Pradhan

Intellectual Property Lawyer at Foley & Lardner LLP

1 Acknowledge IP

When you discover a potential conflict with intellectual property rights in your bioengineering project, the first step is acknowledging the issue. Intellectual property, such as patents, copyrights, and trademarks, are legal protections that grant the owner exclusive rights to their creations. In bioengineering, these can include novel organisms, genetic sequences, or biotechnological processes. It's essential to identify the type of IP involved and understand the specific rights it confers to the owner. This understanding will form the basis for any further actions you take to resolve the conflict.

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Nandu Surendran

Managing Director at B-Aegis Life Sciences & Research | Entrepreneur | Strategist | Exploring Advanced Biotherapeutics | Accelerating Healthcare Transformation
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Most bioengineers tend to make this mistake! Not conducting a Freedom-to-Operate (FTO) Analysis: This is a crucial first step. An FTO analysis involves thoroughly researching existing patents and other intellectual property (IP) that might overlap with your project. So, in case you want to proceed with the project anyway, try to understand their claims (the specific technical aspects protected). This will help determine how closely your project aligns with them.

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Yang Eugene

Patent Attorney at Amica Law
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Identifying the IP right and the jurisdiction it covers is crucial and yet often misunderstood even by the IP right holder. For example, is the IP right a registrable right and still pending or has it been granted? What jurisdiction does the IP right cover? Often the IP right holder may not even be aware of what their IP right is and seek to enforce it even it cannot be enforced! Hence, it is important to seek professional advice on how to deal with the IP conflict.

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2 Assess Impact

Once you recognize a conflict with someone else's intellectual property, you need to assess its impact on your bioengineering project. Determine how integral the disputed IP is to your work. Is it a central component or a peripheral one? Can your project proceed without it, or is it indispensable? This assessment will help you decide whether to seek a licensing agreement, modify your project to avoid infringement, or challenge the validity of the IP claim if you believe it's unfounded.

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Nikhil Pradhan

Intellectual Property Lawyer at Foley & Lardner LLP
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Another aspect of assessing impact is understanding the IP owner’s business position and goals. If they reached out to you to inform you of their IP protections, you’ll already know they’re going to be serious about enforcing their rights. If they haven’t and you became aware of the IP on your own, evaluating how the IP owner typically enforced their rights will help you assess your own risks and best options for moving forward, including for licensing or designing around.

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3 Seek Advice

After assessing the impact of the IP conflict on your bioengineering project, it's wise to seek professional advice. Intellectual property law is complex, and specialists in this field can provide valuable insights. A patent attorney, for example, can help you navigate the specifics of patent law, which is often relevant in bioengineering projects involving new inventions or processes. Legal counsel can also advise on the merits of your case and the best course of action, whether that's negotiating a license or defending your right to use the IP in question.

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4 Explore Licensing

If the intellectual property is critical to your bioengineering project and you wish to use it legally, exploring a licensing agreement is a practical option. Licensing involves obtaining permission from the IP owner to use their creation in exchange for compensation. This could be a one-time payment or ongoing royalties. Licensing agreements can be complex, so it's important to negotiate terms that are clear and fair to both parties, ensuring that your project can proceed without legal impediments.

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5 Innovate Alternatives

Should licensing not be feasible due to cost or the unwillingness of the IP holder to negotiate, consider innovating alternatives. In bioengineering, this might involve redesigning a process or developing a new method that achieves the same end without infringing on existing IP. This approach can be more time-consuming and resource-intensive than licensing, but it may result in a stronger, more independent project that's free from external IP constraints.

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Shahrzad Shariatpanahi

EPSRC Doctoral Candidate in Bioengineering | Passionate about healthcare innovation, patient safety, & community building | Open to part-time, temp, or permanent roles – feel free to reach out with opportunities!
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If your bioengineering project is facing intellectual property conflicts, it's essential to address the situation promptly and strategically. You may wish to consider modifying your design to avoid infringing on existing intellectual property. This may involve redesigning certain features or exploring alternative approaches to achieve your project's objectives. During the process, remember to keep thorough documentation of all communications, agreements, and decisions related to intellectual property issues. This can help protect your interests and ensure compliance with any legal requirements further down the line.

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6 Legal Action

If negotiations fail and you believe that the IP claim is invalid or that your project does not infringe upon it, legal action might be necessary. Challenging an IP claim requires a strong legal strategy and thorough understanding of both your technology and the claimed IP. This option should be considered carefully, as litigation can be expensive and time-consuming. However, if successful, it can clear the way for your project and potentially benefit the bioengineering field by clarifying the scope of IP rights.

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7 Here’s what else to consider

This is a space to share examples, stories, or insights that don’t fit into any of the previous sections. What else would you like to add?

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What do you do if your bioengineering project conflicts with someone else's intellectual property rights?

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1 Acknowledge IP

2 Assess Impact

3 Seek Advice

4 Explore Licensing

5 Innovate Alternatives

6 Legal Action

7 Here’s what else to consider

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