Investigators from different institutions will be collaborating on this study. How do property issues get handled when multiple institutions are involved in a study?
A. This is really up to the institutions. Each institution would have equal rights in its inventions. The non-profit institutions cannot assign rights to one institution without the permission of NIH. Of course they can jointly own joint inventions. Q. Consent issues-if Perlegen (or anyone else) patents data or SNPs obtained from patient samples, is it generally true that by signing the consent forms that they give up any claims to ownership of any product of commercial value that may be developed by using a subjects blood sample? A. Under most state law, subjects do not have property rights to the findings or materials produced. If you feel that your consent form does not explain this sufficiently, you should ask your IRB to re-review the form and determine if additional steps are needed.
Related Questions
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