Patent pools have long been used to collect intellectual property rights into a basket of rights that can facilitate the licensing thereof. By pooling relevant patent rights together, the out-licensing is streamlined and made more cost efficient. Many recent patent pools involved establishing and administering patents that meet an established industry standard and then granting non-exclusive licences to the patents that are considered essential to that standard, eg consumer electronics. While there are few, if any, established industry standards in biomedical research, there are opportunities to pool intellectual property rights that facilitate cost-efficient technology transfers and foster better research.
The content of this paper contains the opinions of the individual authors and does not represent the opinions of GlaxoSmithKline, Alston & Bird or any of its clients, or any panelist (or their employers) mentioned in note 1. Nothing in this paper should be used as a substitute for legal advice from your legal advisor.
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Grassler, F., Capria, M. Patent pooling: Uncorking a technology transfer bottleneck and creating value in the biomedical research field. J Commer Biotechnol 9, 111–118 (2003). https://doi.org/10.1057/palgrave.jcb.3040016