Be Safe: when experimenting and disposing of waste

Can you own an idea?

•Can you own an idea?

•Would you share your idea if others will profit from it?

•Can you own an idea?

•Would you share your idea if others will profit from it?

•Would you accept someone else taking credit for your idea(s)?

Who owns your data?

Internet hosts in relation to income (GDP) in 37 countries

http://www.gandalf.it/data/data1.htm

Who owns your data?

UT

Scientific Integrity: an Introductory Text with Cases, 2nd ed. (2000) Marcina, F. L. ASM Press, Washington, D.C.

Protection of intellectual property was guaranteed in the U.S. Constitution (1787).

The 1980 U.S. Supreme Court ruling (Diamond v. Chakrabarty) allowed patents for nonhuman life forms if there was human intervention in their creation.

Patents give 20 year monopoly for inventor

www.uspto.gov

Three types of U.S. patents:1) Utility patents may be granted to anyone who invents or discovers any new and useful process, machine, article of manufacture, or composition of matter, or any new and useful improvement thereof;

2) Design patents may be granted to anyone who invents a new, original, and ornamental design for an article of manufacture; and

3) Plant patents may be granted to anyone who invents or discovers and asexually reproduces any distinct and new variety of plant.

www.uspto.gov

http://patft.uspto.gov/netacgi/nph-Parser?Sect1=PTO1&Sect2=HITOFF&d=PALL&p=1&u=%2Fnetahtml%2FPTO%2Fsrchnum.htm&r=1&f=G&l=50&s1=7,445,235.PN.&OS=PN/7,445,235&RS=PN/7,445,235

United States Patent number 7,445,235by Makabe et al. issued on November 4, 2008An air bag and a removal detecting part for detecting a rider removal from a vehicle body are

incorporated in a rider jacket. An inclination sensor for detecting an inclination of the vehicle body of

a motorcycle is provided.

Scientific Integrity: an Introductory Text with Cases, 2nd ed. (2000) Marcina, F. L. ASM Press, Washington, D.C.

Patents give right to exclude others from making, selling, and/or using the invention.

Patents are considered personal property and may be sold, licensed, etc.

Scientific Integrity: an Introductory Text with Cases, 2nd ed. (2000) Marcina, F. L. ASM Press, Washington, D.C.

Patentable inventions must be:•Useful•New or Novel–Non-obvious

Employers often receive a royalty-free license to a patent.

Funding agencies also often have rights to patent licenses.

Scientific Integrity: an Introductory Text with Cases, 2nd ed. (2000) Marcina, F. L. ASM Press, Washington, D.C.

Patents must be filed within 1 year of initial disclosure.

In the U.S. a patent can be nullified if another can prove prior invention.

Scientific Integrity: an Introductory Text with Cases, 2nd ed. (2000) Marcina, F. L. ASM Press, Washington, D.C.

As public funding levels decrease, there is pressure on public institutions (universities and researchers) to seek alternate sources of funding.

Patenting discoveries provides a possible revenue source.

Scientific Integrity: an Introductory Text with Cases, 2nd ed. (2000) Marcina, F. L. ASM Press, Washington, D.C.

Does patenting of DNA sequencing impede research or increase research by adding a profit motive?

Scientific Integrity: an Introductory Text with Cases, 2nd ed. (2000) Marcina, F. L. ASM Press, Washington, D.C.

Patent application may take from 1-5+ years

Only registered patent attorneys or agents may represent a patent holder to the patent office.

The patent application must include sufficient information for someone “practiced in the art” to apply the patent.

Scientific Integrity: an Introductory Text with Cases, 2nd ed. (2000) Marcina, F. L. ASM Press, Washington, D.C.

A 1998 patent application for human-animal chimera cells was rejected on the grounds of being immoral and too human.

For more info see: http://www.pbs.org/newshour/bb/science/july-dec05/chimeras_newman-ext.html

Scientific Integrity: an Introductory Text with Cases, 2nd ed. (2000) Marcina, F. L. ASM Press, Washington, D.C.

A 1998 patent application for human-animal chimera cells was rejected on the grounds of being immoral and too human.

Many patents have been issued with cells containing human genes.

How much human DNA makes a human?

Scientific Integrity: an Introductory Text with Cases, 2nd ed. (2000) Marcina, F. L. ASM Press, Washington, D.C.

What ethical considerations are needed when using humans as research subjects?

Scientific Integrity: an Introductory Text with Cases, 2nd ed. (2000) Marcina, F. L. ASM Press, Washington, D.C.

Tuskegee Syphilis Study:•412 infected and 204 uninfected men were studied.•Infected subjects were not given treatment, but were told they were being treated.•Started in 1932 to understand the course of syphilis infections in African Americans.•In 1940's penicillin was shown to be an effective treatment, but infected subjects were not treated.•Reviewed in 1969 and not terminted until public outcry in 1973

Scientific Integrity: an Introductory Text with Cases, 2nd ed. (2000) Marcina, F. L. ASM Press, Washington, D.C.

Subjects must give informed consent:

Scientific Integrity: an Introductory Text with Cases, 2nd ed. (2000) Marcina, F. L. ASM Press, Washington, D.C.

Subjects must give informed consent:

Is the subject competent to consent?

Scientific Integrity: an Introductory Text with Cases, 2nd ed. (2000) Marcina, F. L. ASM Press, Washington, D.C.

Subjects must give informed consent:

Have they been coerced?Is payment coercion?

Scientific Integrity: an Introductory Text with Cases, 2nd ed. (2000) Marcina, F. L. ASM Press, Washington, D.C.

Subjects must give informed consent:

Is the subject competent to consent?

Have they been coerced?Is payment coercion?

Does informing the subject bias the outcome?